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Minutes of the

Ordinary Meeting of Council

Thursday 26 April 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. 2

5. Mayoral Minute. 2

6. Director of Planning Reports. 3

6.1 Oak Hill Aboriginal Scarred Trees. 3

6.2 Seasonal Major Event Marketing Program - Policy Review.. 3

6.3 Major Event Marketing Program.. 3

7. Director of Engineering Reports. 4

7.1 Indoor Sports Stadium Lease. 4

7.2 Waste Operations Service Review.. 5

7.3 Yass Pool Precinct Development and Minutes of the Indoor Heated Swimming Pool Committee Meeting Held 13 March 2018. 6

7.4 Tender ASS/06.2018 - Yass Floodplain Risk Management Study and Plan. 7

8. Director of Finance & Corporate Reports. 7

8.1 Rate Arrears. 7

8.2 Investment and Borrowings Report 7

8.3 Yass Showground. 8

9. General Manager Reports. 8

9.1 Country Mayors Association Meeting Minutes. 8

10. Notice of Motion. 8

11. Questions with Notice. 8

12. Minutes and Recommendations of Council Committees. 8

12.1 Minutes of the Yass Valley Youth Council held on 14 March 2018. 8

12.2 Minutes of the Public Art Committee held on 29 March 2018. 9

12.3 Minutes of the Community Access Committee held on 4 April 2018. 9

12.4 Minutes of the Aboriginal Consultative Committee held on 17 April 2018. 9

13. Confidential Matters. 9

13.1 Tender Evaluation Report for Yass Floodplain Risk Management Study and Plan - ASS/06.2018. 10

Council Meeting - The Mayor declared the meeting open at 4.05 pm.

Present

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

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

1. Prayer

2. Apologies

RESOLVED that apologies be received from Councillor Reid and leave of absence be granted.

(Furry/Turner) 58

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

AGAINST: Nil

3. Declaration of Interest/Disclosures

Councillor Jones declared a non-significant, non-pecuniary conflict of interest in the Major Event Marketing Program report and stated that she believed her interest would preclude her from voting.

Reason: Councillor Jones declared an interest as the Voluntary Secretary of the CELTIC group asking for a grant is in her casual employ for childcare.

Councillor Harker declared a non-significant, non-pecuniary conflict of interest in the Indoor Sports Stadium Lease report and stated that she did not believe her interest would not preclude her from voting.

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

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 28 March 2018 covered by page numbers 3-16 inclusive and resolution numbers 34-57 inclusive, copies of which had been circulated to all Councillors, be taken as read and confirmed.

(Burgess/Furry) 59

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

AGAINST: Nil

5. Mayoral Minute

6. Director of Planning Reports

6.1 Oak Hill Aboriginal Scarred Trees

SUMMARY

Approval is sought for $71,000 to complete the Oak Hill Aboriginal Scarred Tree Project. It is recommended this be funded from the Development Contribution (Open Space) Reserve.

RESOLVED that :

1. An additional $71,000 be made available from the Development Contribution (Open Space) Reserve for the Oak Hill Aboriginal Scarred Tree Project.

2. The funding agreement between Yass Valley Council and the South East Local Land Service’s Aboriginal Community Support Program be signed.

(Jones/Turner) 60

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

AGAINST: Nil

6.2 Seasonal Major Event Marketing Program - Policy Review

SUMMARY

The Major Event Marketing Program Policy was identified for review following the November 2017 Council meeting. The review, undertaken by the Economic Development Committee, considered a number of options and supported a revised policy that ensures a holistic approach to marketing of events within Yass Valley for the benefit of the community and the visitor. The draft Seasonal Major Event Marketing Program Policy has been developed to meet that objective.

RESOLVED that the draft Seasonal Major Event Marketing Program Policy be placed on public exhibition and adopted if no significant objections are received.

(Harker/Turner) 61

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

AGAINST: Councillor G Frost

At 04:15 PM Councillor Jones left the Chambers.

6.3 Major Event Marketing Program

SUMMARY

Two applications were received under the 2017/18 Major Event Marketing Program (MEMP), which has a remaining budget of $13,000. From the assessment process both applications are deemed eligible as they are consistent with the aim of the program and within program guidelines.

AMENDMENT

1. $10,000 from the 2017/18 Major Event Marketing Program be distributed to:

• Irish & Celtic Music Festival - $5,000

2. The funds be released following the confirmation of matched cash and the provision of a comprehensive marketing and media placement plan developed in conjunction with the Economic Development & Tourism Manager to ensure marketing activity is consistent with the application and Yass Valley marketing strategies

3. The event organisers provide a comprehensive acquittal report within three months from the end of the event.

AMENDMENT LAPSED (Frost)

RESOLVED that :

1. $10,000 from the 2017/18 Major Event Marketing Program be distributed to:

 Sculpture in the Paddock - $5,000

 Irish & Celtic Music Festival - $5,000

3. The event organisers provide a comprehensive acquittal report within three months from the end of the event.

(Furry/Harker) 62

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

AGAINST: Nil

At 04:17 PM Councillor Jones returned to the Chambers.

7. Director of Engineering Reports

7.1 Indoor Sports Stadium Lease

SUMMARY

Council resolved at the March Ordinary Meeting to provide opportunity for Yass Gymnastics to have exclusive ongoing use of the repaired Drill Hall or temporary use of the Indoor Sports Stadium located at the Yass Showground. Yass Gymnastics have indicated a preference to lease the Indoor Sports Stadium in accordance with the conditions defined by Council. A licence has been drafted to facilitate this occurring and is provided for Council’s consideration to endorse.

RESOLVED that Council endorse the Licence for Yass Gymnastics to have exclusive use of the Indoor Sports Stadium at the Yass Showground (other than when the Yass Show Society requires the building for the Yass Show) at a rate of $440 per week (GST inclusive) for a period of 12 months subject to the conditions contained within.

(Jones/Harker) 63

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

AGAINST: Councillor N Furry

7.2 Waste Operations Service Review

SUMMARY

A review of waste operations was undertaken to identify ways to reduce waste going to landfill, and opportunities for efficiencies/financial savings. The report advises Council on the outcomes of this review and provides advice on options for the implementation of the recommendations outlined in the report.

RESOLVED that Council:

1. Receive and note the Waste Operations Service Review report.

2. Endorse the closure of the Gundaroo Landfill undertaken on 19 April 2018 to address high level Work Health and Safety (WHS) and environmental risks and develop a Closure Plan which details site remediation.

3. Undertake further investigations into the cost of providing a green waste service for properties that have a domestic waste collection service, and undertake a survey of the community to determine the desire and willingness to pay for a green waste service.

4. Undertake further investigation into the cost of providing a voucher service as opposed to providing a bulky waste collection service which also considers any other available alternatives.

5. Consult the business community regarding recycling needs and preferences to determine if services can be provided by Council that may result in an increase in recycling by businesses.

6. Increase the domestic and business kerbside waste collection charges by $10 (to $387), the waste management environmental charge by $1.50 (to $117), the additional service 140L grey garbage bin – weekly service by $5.00 (to $257) and the additional service 240L green recycling bin – fortnightly service by $5.00 (to $125) due to increased costs associated with recycling materials as a result of China’s ‘National Sword’ waste bans and that these amended charges be considered as a submission to the draft 2018/19 Operational Plan.

7. Seek funding opportunities to establish weighbridges at Yass and Murrumbateman Transfer Stations.

8. Receive a further report, including the financial and social impacts of the following,

i. Provision of a kerbside waste and recycling service in the villages of Gundaroo and Sutton

ii. Operation of Bookham and Bowning Waste Transfer Stations, including closure or any other alternative arrangements

iii. Reducing the opening hours at Binalong Waste Transfer Station and Gundaroo Waste Transfer Station

iv. Investigate the impacts of construction and demolition waste, timber waste and green waste being deposited at Yass and Murrumbateman Waste Transfer Stations only.

The intention of this report is to facilitate community consultation.

(McManus/Furry) 64

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

AGAINST: Nil

7.3 Yass Pool Precinct Development and Minutes of the Indoor Heated Swimming Pool Committee Meeting Held 13 March 2018

SUMMARY

The Indoor Heated Swimming Pool Committee met on 13 March 2018 to review submissions received from the public exhibition period of the Yass Indoor Heated Swimming Pool Feasibility Report. The minutes of this meeting and a summary of submissions received are included in this report. The report recommends that a further concept design be completed incorporating the existing outdoor pool into a new centre including a 4 lane 25m indoor heated pool and indoor sports centre.

RESOLVED that Council:

1. Note the minutes of the Indoor Heated Swimming Pool Committee.

2. Note the submissions received during the public exhibition period of the Yass Indoor Heated Pool Feasibility Report.

3. Develop a concept design, with ability to be staged, and costing for the Victoria Park pool precinct including:

· Existing 50m outdoor pool

· 25m 4 lane indoor heated pool

· New amenities and kiosk

· Outdoor splash pad

· Indoor sports hall of size to cater for 1 to 2 basketball courts

· Multi-purpose room

· Car parking

4. Develop a financial analysis and financial impact statement based on the costings of the concept design.

5. Develop a communications plan outlining further community engagement to be carried out in relation to this project.

6. Allocate $20,000 in the 2018/19 Operational Plan to complete the concept design and costing.

7. Commence discussions with the Department of Education regarding potential for shared use of such an indoor pool and sporting facility.

(Jones/McManus) 65

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

AGAINST: Councillor N Furry

7.4 Tender ASS/06.2018 - Yass Floodplain Risk Management Study and Plan

SUMMARY

This report provides advice on the submission of tenders for the Yass Floodplain Risk Management Study and Plan.

RESOLVED that this item of the a/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/Frost) 66

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

AGAINST: Nil

8. Director of Finance & Corporate Reports

8.1 Rate Arrears

SUMMARY

To update council on rate arrears to the end of the third 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 $213,774.95 as of 31 March 2018. This represents an improvement of $410,876.47 or 66%.

RESOLVED that the information be noted.

(Frost/Burgess) 67

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

AGAINST: Nil

8.2 Investment and Borrowings Report

SUMMARY

In accordance with the Local Government (General) Regulation 2005 (NSW) Clause 212, this report provides a summary of Council’s investments as at 31 March 2018. In accordance with paragraph (1)(b), it can be certified that the investments listed have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

RESOLVED that Investment Report as at 31 March 2018 be received and it be noted that the summary has been prepared in accordance with the Act, the Regulations and Council’s Investment Policy.

(Burgess/Frost) 68

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

AGAINST: Nil

8.3 Yass Showground

SUMMARY

Council as the current Trustee of the Yass Showground may seek to address any outstanding property matters and risks associated with the ongoing Trusteeship through transfer to the beneficial owner, Yass Show Society.

RESOLVED that Council retire as Trustee of the Yass Showground lands covered by titles 1/1100033, 2/1100033, 3/1100033, X/162119 and 1/855512 and that the General Manager and Mayor be authorised to sign all documents and contracts required to transfer legal title of these lands to the Yass Show Society and affix the seal as necessary.

(McManus/Burgess) 69

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

AGAINST: Nil

9. General Manager Reports

9.1 Country Mayors Association Meeting Minutes

RESOLVED that the Draft Minutes of the Country Mayors Association General Meeting held 2 March 2018 be noted.

(Turner/Furry) 70

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

AGAINST: Nil

10. Notice of Motion

Nil

11. Questions with Notice

Nil

12. Minutes and Recommendations of Council Committees

12.1 Minutes of the Yass Valley Youth Council held on 14 March 2018

RESOLVED that the minutes of the Yass Valley Youth Council meeting held on 14 March 2018 be noted.

(Furry/Turner) 71

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

AGAINST: Nil

12.2 Minutes of the Public Art Committee held on 29 March 2018

RESOLVED that the minutes of the Public Art Committee meeting held on 29 March 2018 be received.

(Jones/Turner) 72

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

AGAINST: Nil

12.3 Minutes of the Community Access Committee held on 4 April 2018

RESOLVED that the minutes of the Community Access Committee meeting held on 4 April 2018 be noted and the following revised recommendation be endorsed:

Item 6.1 Priority Projects

That consideration be given in the 2018/19 Operational Plan for disposal containers for incontinence pads being placed in male toilets in Council halls, public toilets open daily and the Yass Caravan Park.

(Frost/Furry) 73

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

AGAINST: Nil

12.4 Minutes of the Aboriginal Consultative Committee held on 17 April 2018

RESOLVED that the minutes of the Aboriginal Consultative Committee meeting held on 17 April 2018 be noted.

(Turner/Furry) 74

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus 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 Tender Evaluation Report for Yass Floodplain Risk Management Study and Plan - ASS/06.2018

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/Burgess) 75

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

AGAINST: Nil

Closed Council commenced at 5.09 pm.

13.1 Tender Evaluation Report for Yass Floodplain Risk Management Study and Plan - ASS/06.2018

SUMMARY

This report provides advice on the submission and evaluation of tenders for the Yass Floodplain Risk Management Study and Plan.

RESOLVED that the tender of Lyall & Associates Consulting Water Engineers be accepted for the Yass Floodplain Risk Management Study and Plan (Tender No. ASS/06.2018) at a total cost of $81,906.00 (inclusive of GST), in accordance with the tender documentation, addendums and tender submission.

(Frost/Turner) 76

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

AGAINST: Nil

RESOLVED that the meeting resume in Open Council.

(Frost/Turner) 77

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

AGAINST: Nil

Open Council resumed at 5.10 pm.

RESOLVED that the resolutions in Closed Council be adopted.

(Turner/Furry) 78

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

AGAINST: Nil

The meeting closed at 5.11 pm.

…………………………………………..

Mayor

Ordinary Council Meeting 23 May 2018

6.2 Development Application No 5.2018.31.1 - Small Bar License, 15 Queen Street, Binalong

SUMMARY

To consider Development Application No. 5.2018.31.1 for the addition of a bar license to an existing cafe at 15 Queen Street, Binalong. The application attracted four submissions. Approval is recommended.

RECOMMENDATION

That Conditional Development Consent be issued for Development Application No 5.2018.31.1 for a small bar licence at 15 Queen Street, Binalong including requirements:

· Limiting the hours of operation from 5.00 pm to 8.30 pm Sunday to Thursday and from 5.00 pm to 10.00pm on Friday and Saturday

· Limiting the number of patrons to 50 persons

· For alcohol only to be served to seated patrons

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

· Liquor Act 2007

· Roads Act 1993

· Yass Valley Local Environmental Plan 2013

· National Construction Code (Building Code of Australia)

· Off Street Carparking Policy

· Road Standards Policy

REPORT

1. Application Details

Date Received	-	15 February 2018
Land	-	Lot 4 Sec 6.3 DP 758109, 15 Queen Street, Binalong
Area	-	818.6m²
Zoning	-	RU5 Village

2. Site Description and Locality

The subject land is located in Binalong village and is occupied by a dwelling, cafe and glassblowing studio. The surrounding area is characterised by detached houses and is near the former Royal Hotel. The site is in close proximity to the historic mainstreet/commercial precinct of the village.

The site is located within the Heritage Conservation Area of Binalong Village and while not listed as a Heritage Item, it is in close proximity to Heritage Items of the former Royal Hotel, White Rose Cafe and General Store.

A Locality Plan is included in Attachment A.

3. Proposal

The submitted application proposes the addition of a bar licence for the existing cafe at the site. Details of the proposal are included in Attachment B.

For a licenced premise a separate approval is required from the Office of Liquor & Gaming Authority. With a small bar licence there are strict requirements in relation to the responsible service of alcohol, number of patrons and food availability.

4. Public Exhibition

Public exhibition included notice to 11 adjoining and nearby landowners. Five submissions have been received including one submission in support of the proposal and a submission from NSW Police (refer Attachments C and D). The Applicant has provided a response to submissions (refer to Attachment E) addressing the issues raised.

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. The planning response to the issues raised in submission and identified in the assessment are as follows.

5.1 NSW Police

The NSW Police oppose the proposed development on the following grounds:

· The site is surrounded by residential premises and a bar operating at any time in a residential area would cause significant disruption to the area. The provision of any entertainment at the venue would cause further disruption to the peace and good order of the surrounding residences.

· The premise poses significant road safety issues, due to:

The lack of footpaths in the surrounding streets will inevitably lead to intoxicated persons walking on the roadway, creating a risk of involvement in a collision with other road users.

The lack of suitable off-street parking will cause disruption to traffic on narrow roadways, even with small number of patrons.

A lack of public transport in the area will also increase the likelihood of persons engaging in drink –driving, particularly where the patrons are from “out of town

· Binalong and surrounds has a current population of approximately 550 and is currently serviced by licensed premises at the Binalong Hotel and the Binalong Community Club. NSW Police The provision of a further licensed premises in town the size of Binalong is not required

While the NSW Police are opposed to the approval of a licenced premises conditions have been has provided should Council consider it appropriate to give Consent.

The measures suggested by the police can assist with minimising and managing the impacts of the proposal.

5.2 Inappropriate Location

A concern has been raised about location of the cafe/bar is inappropriate being in close proximity to residential dwellings and the proposed trading hours to midnight will have adverse impact by way of noise and reduced residential amenity when patrons move to the premises still open and serving alcohol.

The intersection of Fitzroy and Queen Streets has historically been the main street/commercial precinct of Binalong. The cafe at 15 Queen Street was formerly used as a general store and craft gallery and subsequently as tearooms serving meals and glassblowing studio. The Old Royal Hotel was converted to a bed and breakfast prior to reverting to private residence. The original butcher’s shop was in Queen Street before relocating. The corner garage was used as trucking depot prior to becoming a bulk fuel depot.

The Applicant has indicated that the trading hours for the cafe as licensed premises will be from 5.00pm to 11.00pm whilst the premises will be used as cafe only between 6.00 am to 4.00 pm.

It is considered that the amenity of area would be best managed through restricting the trading hours if the bar is approved. The NSW Police has recommended the trading hours be restricted to no later than 8.30 pm Sunday to Thursday and no later than 10pm on Friday and Saturday. This would be consistent with the other licenced premises, will minimise the movement of people between premises and the impacts on neighbouring properties.

If the proposal for the bar is supported then a condition will need to be included in the approval adjusting the hours of operation in the cafe approval to reflect the use of the premises as a cafe only during the day and as a cafe/bar in the evening.

5.3 Parking

Concerns have been raised that parking will spill over onto the laneway beside the property and on the Crown Land as the rear of the site and for increased parking in the street and the likelihood cars are left overnight in the street.

The proposal is for a change of use of an existing premises and does not involve expansion of the building footprint. Under Council’s Off-street Carparking Policy for a building under 500m² in area there is no requirement for additional parking to be provided.

The Applicant has indicated that the patrons will be restricted from parking on the Crown Land at the rear of the site as a fence and gate will be erected around the 15 Queen Street property. In addition a requirement can be included in any approval that may issue prohibiting parking in the laneway and on the Crown Land.

There are on parking restrictions in Binalong so on street parking, including overnight parking, is acceptable of any properties. Overnight parking also suggests that patrons are behaving responsibly by not engaging in drink driving.

5.4 Noise

Concerns relating to the potential noise disturbance to residents have been raised. Noise emanating from the premises in the late evening with people leaving the cafe, opening and closing the vehicle doors and having conversations on the street will significantly impact on neighbours particularly young children.

Under responsible service of alcohol arrangements the operator is responsible for the behaviour of patrons beyond the property boundaries. Compliance with these requirements through the liquor licence will assist in minimising patron noise when leaving the premises.

To minimise the noise impact the trading hours are restricted to from 5.00 pm to 8.30pm Sunday to Thursday and from 5.00 pm to 10.00pm on Friday and Saturday as per NSW Police recommendations.

In accordance with the provisions of the Protection of the Environment Operations Act 1997, the business operator is required to ensure that the level of noise emitted from the subject land does not interfere with residential amenity. Accordingly the Applicant can be required to engage a suitably qualified noise consultant to ensure the noise level emitted from the licensed premises do not exceed the background noise level by more than 5dB at the boundary of any affected residence. The NSW Industrial Noise Policy and Noise Guide for Local Government identifies the maximum acceptable noise levels at a suburban residence as being 55dB(A) during the daytime, 45dB(A) during the evening and 40dB(A) at night. A requirement can be included for any approval that may issue for a certificate from a noise consultant to be submitted indicating the premises complies with the noise conditions.

5.5 Number of Licensed Premises

Concerns have been raised that there are three liquor licenced businesses (i.e. hotel, golf club and motel) currently operate in Binalong for a village of 550. These three businesses are sufficient.

Planning legislation and policies do not restrict the number of licensed premises within a certain area. Competition between businesses is a cornerstone of a market economy. Economic competition is therefore not a matter for consideration under the Environmental Planning & Assessment Act 1979 and cannot be used as grounds for refusal.

5.6 Anti-Social Behaviour

The submissions raise concerns that the proposal will have a detrimental social impact in terms of anti-social behaviour, alcohol related violence, hospitalisation and health problems resulting from the misuse and abuse of alcohol. In addition there are concerns with the potential for patrons affected by alcohol to trespass onto other properties posing a physical safety risk and treat and potential for property damage.

These behaviours are not limited to the proposal. There are three other licenced premises in Binalong. There have been no reports received by Council of significant anti-social behaviour problems associated with these premises.

All liquor licence holders have obligations under the Liquor Act 2007 regarding the responsible service of alcohol and to not allow any patron to leave the site while consuming alcohol.

Anti-social behaviour in the public area is a matter for the police. The incidents of anti-social behaviour are unlikely to significantly increase with the addition if one small bar into the community.

5.7 Safety

Concerns are raised that despite the licensee’s best intentions for harm minimisation, if a patron was to misuse or abuse alcohol or engage in violent and anti-social behaviour, official assistance from the police or paramedics will be unlikely to respond in a timely manner.

Three licenced premises are currently running in the locality without police or ambulance presence. The State agencies responsible for these services have currently made an assessment that the misuse of alcohol or anti-social behaviour is not a significant issue for them.

All liquor licence holders have obligations under the Liquor Act 2007 regarding the responsible service of alcohol and ongoing management of patrons.

It is consider that the safety of the community is best managed through restricting the trading time, limiting the number of patrons and only serving alcohol to seated patrons. The licensee will be responsible for the control of patrons and ensuring their activity does not cause a safety issue to the wider community.

5.8 Incompatible with the Character of the Area

A particular concern is raised that the proposed licence is not compatible with the character of the street which includes primarily private residences.

The site is currently used as both a residence and a commercial use. The area is characterised by a mix of uses and forms part of the historic mainstreet/commercial precinct of the village. The proposal is reflective of the mixture of land uses in this locality.

5.9 Number of Patrons

A small bar licence allows up to 100 patrons. However, the number of toilets available will limit the maximum amount of patrons suitable for the development. The Building Code of Australia requires the total number of patrons to be calculated based on equal number of male and female facilities. Accordingly, the current available facilities at the premises restricts the maximum number of patrons to 50. Any approval that may issue can include a condition limiting the number of patrons to 50 persons.

5.10 Water Headworks

The existing cafe is considered to be a take away food premises under the Water Directorate guidelines. Both a take away food premises and a bar have the same demand for headworks charges and with no net increase in demand for water no headworks charges are applicable.

6. Conclusion

From the assessment of the proposal and the consideration of issues raised in submissions it is recommended that a conditional Development Consent be issued including conditions limiting the hours of operation, limiting the number of patrons and only serving alcohol to seated patrons. Draft conditions are included as Attachment F.

Strategic Direction

Key Pillar 1. Our Environment

CSP Strategy EN2 - Adopt environmental sustainability practices

Delivery Program Action EN2.5 - Consider water sensitive urban design principles in development assessment

Operational Plan Activity EN2.5.1 - Major Development Application reviewed with Water Sensitive Urban Design principles considered

Attachments: a. Development Details ⇩

b. Submissions ⇩

c. NSW Police Submission ⇩

d. Response to Submissions ⇩

e. Draft Conditions ⇩

6.2 Development Application No 5.2018.31.1 - Small Bar License, 15 Queen Street, Binalong

Attachment e Draft Conditions

DA 31-2018 Draft Conditions

PART A - GENERAL CONDITIONS

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

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

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

(4) Unless otherwise approved in writing by Council, the hours of operation for the Bar shall be restricted as follows:

· Sunday to Thursday – 5.00 pm to 8.30pm

· Friday & Saturday - 5.00 pm to 10.00pm

(5) Any change in hours of operation shall require further consent from Yass Valley Council.

(6) The maximum number of patrons within the café/bar shall be limited to 50 persons unless otherwise approved by Council in writing.

(7) Any change in maximum number of patrons within the café/bar shall require further consent from Yass Valley Council.

(8) Conditions of Consent No 5.2016.289.1 shall continue to apply to the use of the premises other that the hours of operation which are modified by this Consent'

(9) The applicant shall erect a fence around 15 Queen Street that prohibits patrons to go over the crown land and neighbouring properties.

Note: Unless otherwise approved by Council in writing, the erection of fencing is restricted to that which is considered exempt development under the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(10) The Applicant shall implement all the noise abatement recommendations of the noise consultant within six weeks of the receipt of noise report.

(11) The applicant shall erect a 600mm x 400mm traffic regulatory sign at the intersection of Queen Street and crown road reserve leading to stating parking at back of 15 Queen Street i.e. over crown land is prohibited.

(12) The applicant shall install and maintain a CCTV system as per requirements prescribed in Condition (2) contained in Part B of this development consent.

(13) Noise from the premises at all times when measured at the property boundary must not exceed the following amenity criterion (as extracted from the NSW Industrial Noise Policy) specified below:

Type of Receiver	Indicative Noise Amenity Area	Time of Day	Recommended Noise Level dB(A)
Residence	suburban	Day (7am – 6pm)	55
		Evening (6pm – 10pm)	45
		Night (10pm – 7am)	40

(14) Alcohol must only be served or supplied to seated patrons.

(15) The applicant shall take appropriate measures to manage patrons’ behaviour around the site

(16) The bar must be operated in strict accordance with all requirements of the NSW Department of Industry - Liquor and Gaming (Liquor & Gaming NSW), and any other conditions of a liquor license issued under the Liquor Act 2007;

PART B – NSW POLICE

(1) The business owner must engage a suitably qualified noise consultant to determine where the licenced premise complies with the standard (LA10) noise conditions. The business owner must comply with the consultant’s recommendations and within six (6) weeks implement all noise abatement recommendations made by the consultant. When all noise abatement measures have been put in place and the premises has been tested, the business owner shall lodge a certification certificate issued by the noise consultant to indicate if the premises complies with the standard LA10 noise condition.

(2) The licensee shall maintain a CCTV system that meets the following minimum requirements:

A camera must be located at each entrance and exit door to the venue and positioned to record any person entering or exiting through this entrance. In addition a camera must be located outside each door to record any person standing within five (5) meters of each door.

The CCTV recordings of this camera must be sufficient to enable the identity of an individual to be established beyond reasonable doubt when:

(a) The person represents 100% of screen height

(b) There is unobstructed view of the person’s face.

Recording should be retained for a period of 30 days before being reused or destroyed.

Immediate access to the CCTV system and the ability to review recordings on the system is to be granted to NSW Police, Office of Liquor, Gaming and Racing (OLGR) inspectors or other regulatory officer upon request.

When the venue is trading at least one person shall be at the venue who is capable of accessing the CCTV system and is able to immediately review recordings and produce copies.

The CCTV system shall be able to reproduce a copy of the recordings on CD, DVD or USB memory stick and must be provided within 1 working day to NSW Police, OLGR Inspector or other regulatory officer upon request.

(3) The licensee must ensure that, immediately after the licensee or a staff member or agent becomes aware of an incident involving an act of violence causing any injury to a person on the licensed premises or in the immediate vicinity:

(a) All reasonable steps are taken to preserve and keep intact the area where the incident occurred, and that any implement or other thing associated with the act of violence is retained in accordance with the Crime Scene Preservation Guidelines issued by the NSW Police Force.

(b) The Hume District Commander or his/her delegate, is advised by the licensee or a staff member or agent of the incident as soon as practicable.

(c) The licensee or a staff member complies with any directions given by the Commander or delegate to preserve or keep intact the area where the violence occurred.

“Staff member” means any person employed by or acting on behalf of the licensee of the licensed premises and it includes any person who is employed to carry on the security activities on or about the premises.

PART C – PRIOR TO ISSUE OF ANY OCCUPATION CERTIFICATE

(1) The fire safety measures, as detailed in the relevant Fire Safety Schedule (Attached to Development Consent 5.289.2016.1) are to be maintained in accordance with the provisions of Clause 168 of the Environmental Planning & Assessment Regulation 2000.

(2) An Fire Safety Statement complying with Clause 181 of the Environmental Planning and Assessment Regulation 2000 is to be submitted to the Principal Certifying Authority prior to the issue of an occupation certificate;

(3) The applicant shall submit to Council a copy of the noise consultant’s report.

(4) The Applicant shall submit to Council a certificate issued by the noise consultant that indicates the premises complies with the standard LA10 noise condition as required under Condition (1) contained in Part B of this development consent.

(5) The Applicant shall install a CCTV system as per requirements prescribed in Condition (2) contained in Part B of this development consent

(6) The Applicant shall obtain a Small Bar License from NSW Department of Industry - Liquor and Gaming (Liquor & Gaming NSW) and submit a copy of the license to Council.

6.3 Development Application No 5.2018.18.1 - Dental Surgery, 40 Middle Street, Murrumbateman

SUMMARY

To present the assessment of Development Application No. 5.2018.18.1 for a dental surgery at 40 Middle Street Murrumbateman. The application attracted three submissions. Approval is recommended.

RECOMMENDATION

That conditional Development Consent be issued for Development Application 5.2018.18.1 for a dental surgery at 40 Middle Street Murrumbateman including requirements that:

· Noise is to be limited to acceptable levels beyond the boundaries of the subject land being 55dB(A) during the daytime (7am – 6pm), 45dB(A) during the evening (6pm – 10pm) and 40dB(A) at night (10pm-7am).

· Submission of a landscaping plan that includes native plants & shrubs to screen the development, plant selection should not interfere with sight lines of vehicles entering and leaving the site

· Advertising signs shall be non-illuminated at all times

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

· Protection of the Environment Operations Act 1997

· State Environmental Planning Policy (Infrastructure) 2007

· State Environmental Planning Policy 64 Advertising and Signage

· Yass Valley Local Environmental Plan 2013

· NSW Industrial Noise Policy

· Noise Guide for Local Government

· Off Street Carparking Policy

· Road Standards Policy

· Building Line Urban Policy

REPORT

1. Application Details

Date Received	-	30 January 2018
Land	-	Lot 4 DP 1212099, 40 Middle Street, Murrumbateman
Area	-	1,273m²
Zoning	-	RU5 Village

2. Site Description and Locality

The subject land is located at the corner of Fairley and Middle Street in the ‘Fairley’ residential estate in Murrumbateman. The site is currently vacant and is rectangular in shape with an area of approximately 1,273m². The surrounding area is characterised by recently built dwellings, buildings under construction and vacant residential lots. The ‘Fairley’ commercial area is located at a distance of about 120m from the subject land. A Locality Plan is included in Attachment A.

3. Proposal

The submitted application involves the construction of a new building as a four room dental surgery with 13 off street car park spaces.

Details of the proposal are included as Attachment B.

4. Public Exhibition

Public exhibition included notice to eight adjoining and nearby landowners. Three submissions have been received (refer Attachment C).

The Applicant has provided a response to the issues raised in the submissions is included in Attachment D.

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. The planning response to the issues raised in the submissions and identified in the assessment are as follows:

5.1 Service Area

Concern is raised about the potential impacts of service area and plant room proposed along northern property boundary.

The site plan shows this area being used for three rainwater tanks, bin storage area, air conditioner units and plant room. The Applicant has indicated the plant room will comprise of suction units and a compressor all of which will be stored within an acoustic box to minimise the noise impact.

Under the Protection of the Environment Operations Act 1997, the level of noise emitted from the development is not to interfere with the comfort of the residents that live in close proximity to it.

The NSW Industrial Noise Policy as well as Noise Guide for Local Government indicates the maximum acceptable noise levels are in a suburban area at the adjoining residence as being 55dB(A) during the daytime (7am – 6pm), 45dB(A) during the evening (6pm – 10pm) and 40dB(A) at night (10pm-7am).

For any approval that may issue a requirement can be included to specify the acceptable noise levels.

5.2 Residential Area

The submissions raise concerns that the marketing of ‘Fairley Estate’ emphasised it was a residential area with a separate commercial area. At no time it was indicated that a commercial business (other than home businesses) could potentially be built on lots within the estate.

Although estate has a designated commercial area, it is important to note that the whole area is zoned ‘RU5 Village’ under the Yass Valley Local Environmental Plan 2013. The LEP zoning allows for a range of land uses including commercial operations. In addition State Environmental Planning Policy (Infrastructure) 2007 also applies to the estate and permits a dental surgery to be established.

The usual conveyancing process for land sales provides for a Planning Certificate to be obtained which provides information on zoning and permissible land uses. It is the responsibility of the landowner to advise the prospective purchaser of the land zoning and applicable development controls and a responsibility of the purchaser to understand the implications of the zoning.

5.3 Commercial Area

Submissions have indicated the village is already serviced by a dental surgery approximately 800 - 1,000m from 40 Middle Street Murrumbateman. The Applicant has indicated that the existing dental practice at Hercules Street will be moved to the subject land upon completion of construction work.

The Applicant has also indicated the large commercial centre and strata title issues do not suit the needs of the business.

5.4 Middle Street frontage

An objection raised concerns that there is sufficient area on Middle Street frontage for a future small residential development and whether this would meet the setback and area requirements of the ‘Fairley Estate’ covenant.

Any future proposal would be subject to a separate design and application process that would need to be considered on its planning merits at the time.

Under the Yass Valley Local Environmental Plan 2013 title restrictions, can be set aside if they conflict with the achievement of planning objectives. 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.

5.5 Future Subdivision

The submission raises the concern if the current proposal is approved and there is a future proposal for a dwelling would it set a precedent for future subdivision of the site and other lots in the ‘Fairley’.

The construction of a dwelling following the erection of a dental surgery does not mean an automatic subdivision of land. The Yass Valley Local Environmental Plan 2013 contains subdivision provisions for the site and other lots in the ‘Fairley Estate’. Any subdivision proposal is required to meet these provisions.

5.6 Sign Illumination

Concern is raised about illumination of the proposed advertising sign. The Applicant has amended the proposal and removed illumination.

5.7 Noise and Traffic Impacts

Concerns have been raised that additional noise and traffic associated with the surgery will have a negative impact on residential amenity and by location the use in the commercial area these impacts would be mitigated.

The existing dental surgery at 9 Hercules Street is in operation for 9 years and no complaints have been received relating to noise, vehicle movements and loss of amenity. As this surgery is relocating to the proposed site it can be expected that the level of impacts on amenity are likely to be similar.

Vehicle moments are generally similar to developments like beauticians, hairdressers or home-based child care which can be undertaken as Exempt Development in the area. Traffic movements are unlikely to have a significant impact on the road network or the amenity of the residential area.

5.8 Rainwater Tanks

Concern has been raised in relation to the location of the rainwater tank not being shown on the plans. A revised site plan now shows the location of rainwater tanks along the northern boundary of the site.

The location of any tanks associated with a future dwelling at the site is a matter for a future application and would need to be assessed on its merits.

5.9 Amenity

Concerns has been raised that the encroachment of a commercial use into the residential area will diminish the visual amenity and have adverse noise impacts on surrounding residential uses.

The proposal can be expected to have similar impacts as the existing surgery in Hercules Street and is unlikely to have significant impacts on the residential amenity.

5.10 Land Use Conflict

Submissions have indicated that the planning strategies and studies undertaken by Council provided for separate areas for commercial and industrial uses to minimise potential land use conflicts. Placing all commercial activities (including medical, dental etc.) in commercial precinct provides a focus for the neighbourhood.

While the Murrumbateman Structure Plan provides for the separation of the commercial and industrial developments from the residential area, the current ‘RU5 Village’ permits some commercial activities within the residential areas.

The proposed dental surgery is located in close proximity to the commercial precinct and supports the neighbourhood focus provided by the commercial area.

5.11 Landscaping

An objection raised the concern the proposed landscaping is sparse at the street frontages and suggested more vegetated screening should be done to provide some amenity of this commercial building in a residential setting.

A condition can be included in any approval that may issue detailing plant selection.

5.12 Fairley Street Setback

The dental surgery building is proposed to be sited at a distance of 3.5m from Fairley Street and 18.2m from Middle Street. Under Council’s Urban Building Line Policy a 6m setback is required.

The purpose of the 6m setback is in part to provide sufficient driveway area between the property boundary and the building line for a car parking space. The proposed car park design does not rely on a building setback for this purpose.

All the lots in this section of Fairley Street also have frontage to another street (i.e. Middle or Camps Streets) and a reduced setback to this street is unlikely to have a detrimental impact on the streetscape.

Council has also previously allowed a reduced setback to the street frontage in the ‘Fairley Estate’.

A reduced setback for this proposal is considered to be acceptable.

6. Conclusion

From the assessment of the proposal and consideration of the issues raised in submissions it is recommended that a conditional Development Consent be issued including conditions limiting noise levels, requiring the submission of landscaping details and restricting illumination in any advertising sign. Draft conditions are included as Attachment E.

Strategic Direction

Key Pillar 4. Our Infrastructure

CSP Strategy IN8 - Improve accessibility to, and support the development of, health and medical facilities in the region

Delivery Program Action IN8.1 - Continue to advocate on behalf of the community for health and medical facilities in the region

Operational Plan Activity IN8.1.1 - Continue to advocate on behalf of the community for health and medical facilities in the region

Attachments: a. Locality Plan ⇩

b. Submitted Plans ⇩

c. Submissions ⇩

d. Response to Submissions ⇩

e. Draft Conditions ⇩

6.3 Development Application No 5.2018.18.1 - Dental Surgery, 40 Middle Street, Murrumbateman

Attachment E Draft Conditions

Draft Conditions DA 18-2018

PART A - GENERAL CONDITIONS

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

(2) Work on any building shall not commence until a Construction Certificate, complying in all respects with the provisions of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 and the Building Code of Australia, has been issued.

Note: A Construction Certificate Application has not been lodged with Yass Valley Council.

(3) 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.

(4) The capacity and effectiveness of runoff and erosion control measures shall be maintained at all times to the satisfaction of Council as shall any techniques to suppress dust and the tracking of sediment onto existing sealed roads.

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

(6) 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.

Note: 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.

(7) 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

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

(9) Dust, noise and odour emissions from the proposed development must comply with the provisions of the Protection of the Environment Operations Act 1997;

(10) The colours and external materials used are to be compatible with those of existing development in the locality.

Note: Zincalume is not permitted to be used for roof or wall panels.

(11) Business Identification Sign should not pose any risk to pedestrian safety.

(12) Business Identification Sign shall not be illuminated at all times.

(13) Noise from the premises at all times when measured at the property boundary must not exceed the following amenity criterion as extracted from the NSW Industrial Noise Policy specified below:

Type of Receiver	Indicative Noise Amenity Area	Time of Day	Recommended Noise Level dB(A)
Residence	suburban	Day (7am – 6pm)	50
		Evening (6pm – 10pm)	45
		Night (10pm – 7am)	40

PART B - PRIOR TO ISSUE OF BUILDING CONSTRUCTION CERTIFICATE

(1) Plans and specifications demonstrating compliance with the National Construction Code (NCC) /Building Code of Australia (BCA) are to be submitted to and approved by the Principal Certifying Authority (PCA) prior to the issue of a Construction Certificate.

Where an application for a Construction Certificate is lodged with Council plans, product and general construction specifications submitted shall demonstrate compliance with the Deemed to satisfy provisions of the NCC/BCA.

Significant parts of Volume 1 of the NCC/BCA which must be addressed include (but are not limited to):

· Part D - Access and Egress and Access for People with a Disability

Door widths, travel distances, ramps, handrails, door operation etc. Path of travel from the property boundary to the principal entry

· Part E - Services and Equipment

Plan indicating location of required essential services

· Part F2 - Sanitary Facilities including Disabled and ambulant facilities

Details of handrails, toilet location, toilet height, etc. demonstrating AS 1428.1 compliance

· Part F4 - Light and Ventilation

Details demonstrating compliance with F4.8 Restriction on location of sanitary compartments or F4.9 Airlocks

· Part J - Energy Efficiency

A report showing compliance with all parts of this section is to be provided with the application for a Construction Certificate.

· General Compliance

A building specification which outlines the construction standard of each element of the building (i.e. Glazing to comply with AS 1288 – 2006 – Glass in Buildings – Selection and Installation, Masonry to comply with AS 3700-2001 Masonry Structures etc.)

(2) Structural drawings prepared by a suitably qualified and experienced Structural Engineer shall be submitted to and approved by the PCA prior to the issue of a Construction Certificate.

Unless otherwise approved by the PCA, these plans shall detail:

(a) All reinforced concrete floor slabs and/or beams or raft slabs (having due regard to the possible differential settlement of the cut and fill areas where applicable)

(b) Footings for the proposed structure

(d) Roof framing members

(e) Hold-down/connection details

(f) Wall and roof bracing details.

(3) A detailed landscaping plan for all unbuilt on areas of the site shall be submitted to Yass Valley Council for approval. Details of the proposed plant species and installation including cultivar, common and botanical names, height and spread at maturity shall be submitted as part of this plan.

The service area located along northern property boundary shall be included in the landscape plan in order to minimise any noise impact.

Note: Plant selection should not interfere with the sight lines for vehicles entering and leaving the site.

(4) 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 Building Construction Certificate.

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

Traffic Management	$1,983.60
Administration	$1,661.12
Total	$3,644.72

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

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 Department for approval in accordance with:

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

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

Note: The engineering drawings are to include a detailed long section showing levels and longitudinal grades from the centre line of Fairley Street to the end of the proposed on-site car park

(2) Engineering drawings associated with the construction of the onsite car parking areas shall be submitted to Council for approval in accordance with Council’s Roads Standards Policy RD-Pol-09 and Off-Street Car Parking Policy ASS-POL-08. The design details shall include the following information:

Note: Car parking and vehicular manoeuvring areas being designed in accordance with AS 2890 “Off-Street Car Parking”

Note: The drawings shall include all dimensions, line marking and signs for the car parking area plus details of provision of parking for disabled persons

Note: The drawings shall provide details on how commercial vehicles (waste, delivery etc) that will service the site will manoeuvre within the car park including associated vehicle turning paths

Note: The car parking area is to be designed to allow all vehicles to enter and exit the subject site in a forward direction.

Note: The drawings shall provide details of any proposed carpark lighting and the potential impact on surrounding premises

(3) A Certificate of Compliance shall be obtained for the augmentation of Council's water supply system under s305 Water Management Act 2000. The fee for the Certificate of Compliance is $8,079.

It should be noted that:

· The fee is based on a 0.6 unit increase in demand, generated by four consultation rooms.

· The unit increase has been calculated based on the NSW Water Directorate Guidelines and information provided by the applicant.

· In accordance with Council’s Policy, Water Supply and Sewerage Contributions for Non-Residential Development in Murrumbateman DA-POL-21, the fee has been calculated on a base rate of $13,465 per unit.

· The amount payable will be calculated on the rate applicable at the time of payment, rather than at the time the application was determined.

· The base rate per connection may vary over time.

· Compliance under s305 does not include the physical installation of any infrastructure.

(4) A Certificate of Compliance shall be obtained for the augmentation of Council's sewer system under s305 Water Management Act 2000. The fee for the Certificate of Compliance is $8,731.80

It should be noted that:

· The fee is based on a 1.4 unit increase in demand, generated by four consultation rooms.

The unit increase has been calculated based on the NSW Water Directorate Guidelines and information provided by the applicant.

· The amount payable will be calculated on the rate applicable at the time of payment, rather than at the time the application was determined.

· The base rate per connection may vary over time.

· Compliance under s305 does not include the physical installation of any infrastructure.

(3) Engineering drawings associated with the drainage of sewer shall be submitted to Council for approval.

The drawings shall include the following detail:

· All liquid trade waste discharge to Council sewer shall comply with the requirements of “NSW Liquid Trade Waste Discharge Guidelines 2009” and its updates.

(4) A Liquid Trade Waste Application shall be lodged. All requirements for pre-treatment shall be incorporated in the hydraulic drawings. Council Approval is required prior to commencement of any discharge to Council’ sewer.

(5) Engineering drawings associated with the supply of water shall be submitted to Council for approval.

The drawings shall include the following detail:

· Double Check Valves (DCV) shall be installed to protect Council’s drinking water supply to avoid contamination from dental chairs. Suitable arrangement of double check valves shall also be installed to prevent cross-contamination between dental chairs

· Fire services shall be designed by qualified designers and installed

PART D - PRIOR TO COMMENCEMENT OF WORKS

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

(2) Appropriate soil erosion and sediment control measures shall be installed;

(3) A sign shall be displayed in a prominent position on the site which includes the following details:

· The name, address and telephone number of the PCA and

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

· That unauthorised entry to the site is prohibited.

The sign must be maintained while the building work 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.

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

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

(a) a flushing portable toilet maintained under a service agreement with an accredited service provider; or

(b) a standard flushing toilet connected to a public sewer; or

(6) The building(s) shall be set out by a registered surveyor to verify the correct position of each structure in relation to the property boundaries prior to the commencement of works.

Evidence that the building(s) were set-out and have been located in accordance with the approved plans shall be submitted to the Principal Certifying Authority or Council upon request.

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

Note: The minimum amount of notice under this Act is two business days.

(8) 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

Note: Any work associated with a classified road requires RMS concurrence and no work within the road reserve is to be undertaken until received. RMS concurrence may take 10 working days.

PART E – BUILDING INSPECTIONS

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

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

Inspection	Hold Point
(a) After excavation of footings	Prior to pouring concrete, after placement of erosion and sediment control measures, on-site toilet and signage.
(b) Floor slab	Prior to pouring concrete.
(c) Frame/Pre-sheet	Prior to placing internal sheeting, after all internal services including water plumbing and electrical are installed and external cladding has been fixed.
(d) Waterproofing of wet areas	Prior to the placement of tiling and/or covering.
(e) Stormwater	Prior to backfilling or covering pipes and connections to services.
(f) Interim Occupation	Building completed with minor works outstanding – able to be occupied.
(g) Final	All works relating to the proposed development are complete and all conditions of development consent are complied with.

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

Inspection	Hold Point
(a) All internal sanitary drainage.	Prior to backfill;
(b) All external sanitary drainage	Prior to backfill;
(c) Connection to Councils stormwater system (street or inter-allotment)	Prior to backfill;
(d) At the completion of all plumbing and drainage works.	Prior to the occupation of the dwelling.

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

(a) Sediment control measures.

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

(4) Roof truss and wall bracing details are to be supplied to the Principal Certifying Authority prior to frame inspection.

PART F – ENGINEERING INSPECTIONS

(1) A Compliance Certificate shall be obtained from Council’s Engineering Department at the following stages of construction:

Roads

a) Completion of property access. This inspection is for access dimensions and to ensure there are no ‘trip-fall’ hazards. Compliance with change in longitudinal grade will only be undertaken where it can be confirmed via WAE drawings or there is an obvious issue when the driveway is being used

b) If the carpark is to have an asphalt surface - completion of sub-grade pavement layer – proof roll

c) Completion of base course pavement layer– proof roll

d) Completion of the final surface of the carpark including line marking etc..

Water

e) Installation of suitable backflow prevention devices (double-check valves)

Sewer

f) Installation of pre-treatment devices and sewer drainage connections to Council’s main – prior to backfilling

(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 G – CONSTRUCTION

(1) The applicant shall adhere to the following days and hours of operation for the construction of the development unless otherwise approved by Council in writing:

· 7.00 am to 6.00 pm Monday to Friday

· 8.00 am to 1.00 pm Saturday

· No work on Sundays or Public Holidays

(2) All building work shall be carried out in accordance with the provisions of the National Construction Code/Building Code of Australia (as amended) and all relevant Australian Standards;

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

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

· Asbestos

· Clean fill

· Bricks, tiles, concrete

· Steel

· Other metals

· Timber & vegetation and

· Other material.

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

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

(5) To minimise soil erosion and sediment movement during construction, the following measures shall be implemented:

(a) Removal and/or disturbance of vegetation shall be confined to the basal area of the approved building, the site of permanent accessways, and land extending a maximum of three metres beyond the outermost projection of the approved building.

(b) Topsoil stripped from the construction site shall be stockpiled and protected from erosion until re-use during landscaping.

(c) Stockpiles of construction and landscaping materials, and of site debris shall be located clear of drainage lines and in such a position that they are within the erosion containment boundary or are equivalently protected from erosion and do not encroach upon any footpath, nature strip or roadway.

(d) Final site spoil shall be disposed of to the satisfaction of Council.

(e) Trenches shall be backfilled, capped with topsoil and compacted to a level at least 75mm above adjoining ground level.

PART H – PLUMBING AND DRAINAGE

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

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

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

· Notice of Work (NoW);

· Sewer Service Diagram (SSD);

· Certificate of Compliance (CoC).

(3) Sewer boundary riser is to be located and exposed at all times. If there is no existing sewer boundary riser, then a sewer boundary riser shall be installed by licenced Plumber in accordance with AS 3500.

(4) A rainwater tank with a minimum capacity of 22,500 litres shall be installed and connected to the entire roof catchment area and plumbed to all toilets, washing machines and showers.

(5) An Automatic main water diverter system shall be installed in accordance to AS/NZS 3500 Part 1 and shall be connected to the mains water to supply for all toilets, washing machines and showers during dry periods when the rain water tank is empty.

PART I – STORMWATER DRAINAGE

(1) Stormwater drainage work shall comply with AS/NZS 3500.3, 2003 - Stormwater drainage;

(2) Stormwater collected from the development shall not cause nuisance to adjoining landowners;

(3) Where up-stream surface water flows through the allotment the development shall not redirect or divert this water in such a manner that would intensify flows onto adjoining properties.

(4) Adequate provision shall be made for the disposal of roof water collected from the development. In this regard roof water shall be piped and discharged to one of the following as applicable:

(a) The street stormwater drainage system;

(b) Inter-allotment stormwater drainage system;

(c) A rubble pit designed by a suitably qualified person to cater for a 1 in 5 year rainfall event. The pit design shall make suitable provision for overflow.

PART J - PRIOR TO ISSUE OF ANY OCCUPATION CERTIFICATE

(1) Where applicable, the applicant shall submit to the PCA product testing which demonstrates compliance with the provisions of Specification C1.10 of Volume 1 of the National Construction Code (NCC)/Building Code of Australia (BCA) prior to the issue of an Occupation Certificate.

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

(3) A fire safety certificate in accordance with Clause 174 Environmental Planning and Assessment Regulation 2000 is to be submitted to the Yass Valley Council prior to the issue of an Occupation Certificate.

(4) An identification survey prepared by a registered surveyor showing the location of the constructed development in relation to the property boundaries, easements and building envelope(s) shall be submitted to the Principal Certifying Authority prior to the issue of an occupation certificate.

(5) Medical waste, such as sharps, must not be disposed of at any of Council’s Waste Management Facilities. In this regard, a Medical Waste Management Plan must be submitted to Council’s Environmental Health Officer, for approval, prior to the issue of a any Occupation Certificate for the development.

(6) Landscaping shall be completed in accordance with the approved landscaping plan and maintained to the satisfaction of Council at all times.

(7) The property access and on-site car park are to be constructed in accordance with the approved Construction Certificate plans.

(8) Water, sewer and stormwater infrastructure and connections are to be completed in accordance with the approved Construction Certificate plans.

(19) Prior to the issue of any Occupation Certificate of a premises which involves the discharge of liquid trade waste, the developer shall apply to and obtain written approval from Yass Valley Council stating the conditions of discharge to sewer. This approval shall state any pre-treatments, ongoing requirements and whether a Liquid Trade Waste Agreement needs to be entered into with Yass Valley Council.

(10) The sewer boundary riser shall be located above the finished ground level and have a concrete collar installed.

(11) The property vehicular accesses (new or existing) from the road to the property boundary shall be constructed to the following minimum standard, as per the appropriate location of the development:

a) Safe Distance Requirements in accordance with Section 7 of Council’s Roads Standards Policy RD-POL-09;

b) Minimum of 3.0 metres wide

c) Maximum trafficable width of 5.0 metres wide at the kerb;

d) Minimum of 150 mm. thick gravel base;

e) The driveway shall be a minimum of 150mm thick concrete (25MPa with a minimum of one layer F82 reinforcing mesh);

f) The layout of the development designed to allow all vehicles to enter and exit the property in a forward direction and not to be required to reverse onto the adjoining driveway

g) Cut and fill batters within the road verge shall be graded to a maximum of 1 in 8.

h) Constructed at least 6m from the tangent point of the kerb at any intersection.

i) The grade of the driveway from the kerb or edge of seal to the property boundary shall be +2.5% (ie. 2.5% sloping upwards from the kerb to the property boundary).

j) The maximum allowable longitudinal change in grade of any driveway shall be 12%.

NB: Where the above requirements are not practical due to site constraints, alternative proposals may be considered by the Director of Engineering.

k) New property accesses shall not be constructed over any water service or sewer tie. Where an access is constructed over Councils water, sewer, or stormwater mains a minimum of 450mm cover is required over the main. Clearance to other services shall be by approval of the relevant service authority.

l) The surrounding soil shall be made flush with the new driveway and reseeded.

m) Any damage to Council’s road, footpath or kerb and gutter caused by the construction is to be repaired;

n) Saw cut existing kerb and gutter, construct a concrete vehicle crossing and make flush;

o) Remove existing entry, reinstate kerb and revegetate disturbed area;

p) Clean debris from driveway pipe and nearby drain to facilitate water flow.

q) Driveway to be constructed no less than 6m from the tangent point of the curve of the road

r) The maximum grade of the driveway across the footpath shall be 2.5% and the joins shall be made flush;

Note: All disturbed surfaces adjacent to the works, either natural or manmade, will be required to be rehabilitated to a suitable state at the end of the works.

Note: The driveway works cannot be signed off as completed until such time as the surrounding soil has been made flush with the new driveway and reseeded.

PART K - PRIOR TO ISSUE OF A FINAL OCCUPATION CERTIFICATE

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

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

· Plumbing/drainage work

· Gas fitting work

· Electrical work

· Installation or maintenance of refrigeration systems

· Air-conditioning work

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

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

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

NOTES ACCOMPANYING DEVELOPMENT CONSENT 5.2018.18.1

(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 Clause 57 of the State Environmental Planning Policy (infrastructure) 2007 as a ‘health services facility’;

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

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

(4) This development consent does not guarantee compliance with land specific agreements, by-laws, covenants, 88B restrictions, community management plans, or other similar development restrictions that may be applicable to the land. It is the responsibility of the land owner, applicant and developer to make their own enquiries in order to be satisfied that compliance with these restrictions has been achieved.

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

(6) The following items shall be considered where the proposed development looks to achieve compliance with the ‘deemed to satisfy’ provisions of the Building Code of Australia:

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

· Required exit doors are to swing in the direction of egress in accordance with clause D2.20 of the Building Code of Australia;

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

· A door in a required exit, forming part of a required exit or in the path of travel to a required exit, must be readily openable without a key from the side that faces a person seeking egress, by a single hand action on a single device which is located between 900mm and 1100mm from the floor;

· All required exit doors shall be provided with Illuminated exit signage which complies with AS 2293.1- 2005 Emergency escape lighting and exit signs for buildings;

· Access for people with disabilities is to be provided to the building from any required accessible car parking space on the allotment by means of a continuous path of travel in accordance with AS 1428.1, ‘Design for Access and Mobility’;

· The accessible sanitary facility and the sanitary facility for persons with ambulant disabilities shall be constructed in accordance with AS 1428.1: ‘Design for Access and Mobility’;

· The main points of pedestrian entry into the building shall achieve compliance with AS 1428.1-2009 ‘Design for Access and Mobility’. Particular attention should be given to the following:

o Colour contrast between the door and the door frame;

o the width of the door;

o Door hardware;

· Tactile ground surface indicators shall be provided in accordance with Clause D3.8 of the Building Code of Australia, Volume 1 and AS1428.4;

· Signage shall be provided in accordance with Clause D3.6 of the Building Code of Australia, Volume 1 and AS1428.1;

· The unobstructed width of each path of travel to an exit must be not less than 1m;

(7) 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.

(8) For the purposes of inspections carried out by the Yass Valley Council you are located in the Murrumbateman area. For more information please refer to Councils document titled ‘Guide to Building Inspections’.

Note: To book an inspection, please contact Council’s Development Customer Service Team on (02) 6226 1477 no less than 48 hours prior to the inspection.

6.4 Weed Management Arrangements

SUMMARY

With the end of financial year approaching, it is timely to review the arrangements for carrying out our weed management obligations in the future.

RECOMMENDATION

That:

1. Hilltops Council be advised that the service agreement for weed management in Yass Valley will not be extended beyond 30 June 2018 and negotiations commence on the transfer of assets and liabilities.

2. Yass Valley Council Financial staff be directly involved in the settlement negotiations with Hilltops Council.

3. The process of establishing a weed management service at Council be commenced.

Financial IMPLICATIONS

The current Operational Plan provides for an annual payment to Hilltops Council of $118,000 for the administration of weed management responsibilities under the Biodiversity Act 2015.

Hilltops Council also receives $94,000 as a Weeds Action Plan grant from Department of Primary Industries (DPI) for operations in the Yass Valley area.

If the service agreement is not extended then a division of assets and liabilities between the Councils will be based on a 75:25 ratio (i.e. 75% to Hilltops, 25% to Yass Valley). The latest financial information is not yet available but it is estimated that Yass Valley would receive $145,000 plus a share of the plant and equipment.

POlicy & Legislation

· Biosecurity Act 2015

· Noxious Weeds Act 1993 (Repealed)

REPORT

1. Background

Council has obligations under the Biosecurity Act 2015 to carry out specific weed management activities in the Local Government Area (LGA). Following the dissolution of the Southern Slopes Noxious Plants Authority (SSNPA), Council entered into a Service Agreement with Hilltops Council for the delivery of weed management activities until 30 June 2018.

2. Current situation

2.1 Delivery issues

Hilltops Council is experiencing a period of turmoil following the amalgamation in 2016. In the weeds management area there have been a number of resourcing issues and a high staff turnover, and as a result most of the key deliverables in the services agreement have not been met. The Yass Valley property inspection schedule is behind target (although efforts are being made to remedy this before the end of the financial year) which puts future funding from NSW DPI at risk.

The Biosecurity Weeds Manager is making every effort to run the program well, but an apparent lack of staff, management and administrative support is restricting the achievement of expected outcomes. Hilltops Council has not issued invoices for Council’s contribution for this year.

Under the new legislation one of the key requirements is for a Local Weeds Plan to be prepared to provide a basis for issuing property improvement notices and, if necessary, fines for non-compliance. Unfortunately guidelines for the preparation of such plans have not been released and there is no plan for the Hilltops/Yass Valley area. Preliminary discussions have been held with Upper Lachlan Shire, Hilltops, Goulburn Mulwaree and Yass Valley Councils on sharing resources to prepare a plan that each Council can implement independently rather than delivered by an overarching body.

Under the service agreement with Hilltops Council there is provision for a joint committee between the two Councils to oversee weed management performance. The Committee (with Cr Burgess representing Yass Valley) held its first meeting on 10 May 2018 and unfortunately no financial or performance reports have been provided.

It was expected that there would be a period of adjustment from the old to the new arrangements (including the shift from the old Noxious Weeds Act 1993 to the new Biosecurity Act 2015). However at this point there has been no indication that the situation at Hilltops Council will improve in the near future.

2.2 Budget considerations

Contributions by participating Councils and grant funding contribute to the operation of the weed management responsibilities. This income is also supplemented by private works/weed spraying. All funds received from spraying in the Yass Valley were redirected into weed control operations in our LGA. However, Hilltops Council have indicated that although they will continue to allow the contract spraying, they do not intend to redirect any of the funds generated into works in the Yass Valley. This will leave a shortfall of at least $47,000 (based on the level of service received in May 2017). After receiving this information, Hilltops Council were requested to provide an estimate of what level of service could be achieved with just the current budget allocation, plus the share of the WAP funding. Hilltops Council have been unable to provide this information. The lack of clear financial information in relation to the weeds function between Hilltops and Yass Valley Councils makes it difficult to budget for the future.

3. Options

There are broadly three options for Council to undertake its responsibilities under the Biosecurity Act 2015. The advantages and disadvantages of each are discussed as follows:

3.1 Hilltops Council provides the service

This option involves persisting with the agreement with Hilltops Council, and working on the assumption that, given more time, the situation will resolve itself.

The main advantage of this option is continuity. Time and effort have been spent over the last 12 months working on this arrangement and there is some recognition of the new delivery model in the rural community. The current Biosecurity Weeds Manager at Hilltops Council has a high level of corporate knowledge of weed control in the Yass Valley area.

The risk is that the resourcing situation will not improve in the short term, and Hilltops Council will not be able to provide the same level of service that was previously provided by SSNPA. This could leave Council not adequately discharging its weed management obligations under the Biosecurity Act 2015.

3.2 Yass Valley Council provides the services

This option would see Council running its own weed management activities.

The main advantages of this option are around the increased amount of control that Council would have over the weed management activities in Yass Valley. This would include full financial control, with all decisions being made in a way that most benefits the Yass Valley, in line with Council priorities.

In dissolving the current arrangement with Hilltops Council, 25% of the assets and liabilities will be transferred to Council. This will provide a basis for Council to establish a weeds management service.

The disadvantages of this option are a large amount of disruption during transition, and a lack of continuity for landholders as this will be the second shift in Local Control Authorities in 12 months.

3.3 Other options

South East Local Land Services (SE LLS) has been approached to explore the option of them delivering weed management services on our behalf, as this would seem to fit in with the LLS role as the peak Government agency dealing with biosecurity on farms (as they are the lead organisation in pest animal control, and have already taken on a role in weed management, delivering the Regional Strategic Weed Management Plan for the South East). At the time of compiling this report no reply has been received.

4. Conclusion

There does not appear to be any solution to the current resourcing issues facing Hilltops Council in relation to undertaking Yass Valley’s weed management responsibilities under the Biosecurity Act 2015. The lack of any performance reporting from Hilltops Council on progress with undertaking our weed management responsibilities and as Council’s share of the NSW DPI funding is at risk there is no confidence with the continued provision of the service. Accordingly it is recommended that Hilltops Council be advised that the current service arrangement for weed management will not continue beyond 30 June 2018 and that steps be taken to establish the service within Council.

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 EN1.3 - Meet obligations for weed control in the Yass Valley Local Government Area

Operational Plan Activity EN1.3.1 – Reviewing annual report from Southern Slopes Noxious Plants Authority/Hilltops Council and transition to new entity

Attachments: Nil

Ordinary Council Meeting 23 May 2018

8.1 2018/19 Operational Plan (including Making of the Rates)

SUMMARY

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

This was undertaken and submissions were received, considered by staff and recommendations for amendments to the plans noted in the submissions summary (Attachment A).

In addition to the adoption of the Operational Plan, Council must, each year, ‘make’ the rates and charges by resolution.

RECOMMENDATION

That Council

1. Adopt the 2018/19 Operational Plan as amended following consideration of the submissions received.

2. Makes the annual Ordinary Rates for 2018/19 as detailed in the following table and in accordance with the Statement of Revenue Policy within the 2018/19 Operational Plan and in accordance with Special Rate Variation awarded by the Minister for Local Government of 8.5% (inclusive of 2.3% rate peg) per annum cumulative for 4 years.

CATEGORY	SUB - CATEGORY	AD VALOREM	MINIMUM CHARGE	BASE CHARGE	TOTAL YIELD
Farmland		0.0026821		$607.50	$3,882,357
Residential	Non Urban	0.0022881		$401.50	$3,028,075
Residential	Yass	0.0040537	$612.00		$1,646,076
Residential	Binalong	0.0035049	$612.00		$119,608
Residential	Bowning	0.0035049	$612.00		$67,647
Residential	Wee Jasper	0.0035049	$612.00		$27,540
Residential	Bookham	0.0035049	$612.00		$9,792
Residential	Murrumbateman	0.0024538	$612.00		$158,411
Residential	Gundaroo	0.0016771		$332.00	$159,031
Residential	Sutton	0.0021757		$332.00	$74,904
Business	Sutton & Gundaroo	0.0022881		$401.50	$16,705
Business	Yass & Other Villages	0.0096512	$612.00		$781,728
ESTIMATED YIELD					$9,971,874

3. That Council make each annual and consumption charge for water, sewer, liquid trade waste and waste for 2018/19 as detailed in the following table and in accordance with the Statement of Revenue Policy.

DESCRIPTION	ANNUAL CHARGE	CONSUMPTION CHARGE (per kilolitre)
WATER CHARGES
Yass Water Availability Charge 20mm-32mm	$470
Murrumbateman Water Availability Charge 20mm-32mm	$390
Water Usage Charge per kilolitre for the first 5kL per day		$3.30
Water Usage Charge per kilolitre in excess of 5kL per day		$4.30
SEWER CHARGES
Sewer Residential Charge	$680
Sewer Non-Residential Charge (based on previous years' water consumption)	Minimum $680	$2.90
LIQUID TRADE WASTE CHARGE
Liquid Trade Waste Charge (per kilolitre based on water consumption) with appropriate pre-treatment		$2.00
Liquid Trade Waste Charge (per kilolitre based on water consumption) without appropriate pre-treatment		$12.00
WASTE MANAGEMENT CHARGES
Domestic Kerbside Collection Charge	$387
Vacant Properties	$30
Business Waste Collection Charge	$387
Waste Management Environmental Charge	$115.50
STORMWATER MANAGEMENT CHARGES
Stormwater Management Charge	$25
ON SITE SEWAGE MANAGEMENT CHARGE
On Site Sewage Management Charge	$32

Financial IMPLICATIONS

The Delivery Program and Operational Plan are the documents that establish Council’s operational and budget priorities.

43% of Council’s revenue is derived from Rates and Annual Charges. Compliance with legislation requires Council to ‘make the rates’ by 31 July each year and this power cannot be delegated.

POlicy & Legislation

Local Government Act 1993 (as amended)

Local Government General Regulations 2005

Local Government Amendment (Governance and Planning) Act 2016

Integrated Planning and Reporting Framework

REPORT

1. Background

The Operational Plan supports the Delivery Program and sets out Yass Valley Council’s planned activities for 2018/19. The Operational Plan identifies the individual projects and activities that will be undertaken within the next financial year to achieve the actions made in the Delivery Program. The Operational Plan allocates responsibilities for each activity and identifies how their effectiveness will be measured.

The Operational Plan includes council’s detailed annual budget, Statement of Revenue Policy, including the proposed rates, fees and charges for the financial year.

2. Operational Plan

Council placed the Draft Operational Plan on public exhibition from 2 March 2018 to 18 April 2018. During this exhibition period, Council undertook an intensive engagement process which included 11 community ‘roadshow style’ presentations across the local government area as outlined in the Communications Plan.

The community was encouraged to make submissions to this document and a copy of the submissions is included (Attachment B). As per the advice provided to the community during the roadshow presentations, acknowledgement of all submissions has been made and following adoption of the documents, further acknowledgement of the outcome of the submissions will be forwarded back to the submitter.

All submissions have been reviewed and proposed amendments have been made to the document as outlined in Attachment A.

A final version of the 2018/2019 Operational Plan including the proposed amendments is provided. (Attachment C).

3. Making the Rates

In addition to the adoption of the annual Operational Plan Council must resolve to ‘make’ rates and charges as per the Statement of Revenue Policy, before those rates and changes can be levied: s.535 of the LG Act.

Strategic Direction

Key Pillar 5. Our Civic Leadership

CSP Strategy CL2 - Encourage and facilitate open and respectful communication between the community, the private sector, Council, and other government agencies

Delivery Program Action CL2.3 - Undertake community engagement to ensure the community is involved in Council’s decision making process

Operational Plan Activity CL2.3.1 - Implement Council’s Community Engagement Strategy for all major projects

Attachments: a. Submissions Summary ⇩

b. Submissions (Under Separate Cover) ⇨

c. 2018/2019 Draft Operational Plan (Under Separate Cover) ⇨

12.1 Minutes of the Traffic Management Committee held on 2 May 2018

Attachment a Traffic Management Committ Minutes 2 May 2018

Yass Valley Traffic Facilities Management Committee Meeting Minutes

Wednesday 2^nd May 2018 10:00am

Site Meeting - Council Foyer Room

209 Comur Street Yass

AGENDA

AGENDA. 2

1.0 Present: 3

2.0 Apologies 3

3.0 Declaration of Interest 3

4.0 Public Participation. 3

5.0 Confirmation of Minutes 4

6.0 Matters Arising From Minutes 4

6.1 Various Parking Modifications 4

6.2 Safety Concerns Berinba School Yass 4

6.3 Safety Concerns Mont Street Yass 4

7.0 Matters for Information. 5

7.1 Update on Installation of Bus Shelters 5

7.2 Representation Received on the Barton Highway Duplication. 5

7.3 Safety Improvements Intersection of Queen and Stephens Streets Binalong (LATE ITEM) 5

7.4 Speed Zone Reviews Yass Valley Way (LATE ITEM) 5

8.0 Matters Considered between Meetings. 6

8.1 ACTVET 2018 Cycling Program.. 6

8.2 ANZAC Day 2018 – Binalong. 6

8.3 ANZAC Day 2018 – Yass. 6

8.4 ANZAC Day 2018 – Sutton. 6

8.5 2018 District Cross Country Event – Gundaroo. 6

8.6 Give way Sign Intersection of McIntosh Circuit and Barton Highway Murrumbateman. 6

9.0 Items Delegated to Council 6

9.1 Request for Signs and Reduction of Speed limit on Yass River Road. 7

9.2 Request for Line Marking Improvements Cooks Hill Road. 7

9.3 Request for Speed Camera on Dog Trap Road Yass. 7

9.4 Safety Concerns Queen Street Binalong. 7

9.5 Safety Concerns Wee Jasper Road (LATE ITEM) 8

9.6 Safety Concerns Cross Street Intersections Yass (LATE ITEM) 8

9.7 Safety Concerns Intersection Bellevale Road and Yass Valley Way Yass (LATE ITEM) 8

10. Update On Current Traffic Management Committee Issues Purpose Of Report 9

1.0 Present:

Councillor Jasmin Jones (Chairperson), Sargent Steve Pidgeon (Police), Terry Cooper (Engineering Services Manager), Michael Buckley (RMS), Meryl Hinge (RSO) & Trish Rayner (Minutes).

Meeting opened at 10:00am (on-site)

2.0 Apologies

Nil.

3.0 Declaration of Interest

Councillor Jasmin Jones expressed a non-pecuniary/non-significant interest with item 6 (6.3) on the agenda as her child attends the nearby high school.

4.0 Public Participation

Site inspection in relation to traffic safety concerns Mont Street, Grampian Street, Pollux Street, Ford Street, Glebe Street, Pritchett Street & Rossi Street relating to Items 6.3 & 9.6 on the Agenda.

5.0 Confirmation of Minutes

ACTION - the minutes of the Meeting held on 7^thFebruary 2018, copies of which had been circulated to all Committee members, be confirmed.

6.0 Matters Arising From Minutes

6.1 Various Parking Modifications

In November 2017 the Committee considered a number of requests to modify existing parking arrangements. All changed parking arrangements have been on exhibition for a minimum of 28 days and no submissions have been received and will be recommended to be implemented the following changed parking arrangements be implemented subject to available funding, Truck parking adjacent to Motor Registry on Yass Valley Way & Parking arrangements adjacent to Landmark in MacDonald Street Yass.

RECOMMENDATION - That the following changed parking arrangements be implemented subject to available funding

· Truck parking adjacent to Motor Registry on Yass Valley Way

· Parking arrangements adjacent to Landmark in MacDonald Street Yass

6.2 Safety Concerns Berinba School Yass

To advise the Committee progress investigating the safety concerns raised by the Berinba School Yass including accepting a grant offer to undertake works. The RMS Safety Around Schools Officer has inspected the roads adjacent to the Berinba Public School Yass and suggested that traffic calming would enhance road safety at this location, particularly for vulnerable pedestrians crossing the very wide intersection. Council has successfully made application for a $50,000 grant to undertake the proposed intersection works including rehabilitation works of the road pavement in the intersection. The grant is subject to completing the works before 30 June 2018.

RECOMMENDATION: That Council accept the $50,000 grant funding from the RMS.

6.3 Safety Concerns Mont Street Yass

To advise the Committee of resident concerns in relation to traffic safety in Mont Street Yass

RECOMMENDATION: The Committee provide in principle support for the installation of raised line-marking on Mont Street & for the removal of the hedge encroaching Council’s road reserve l.

Unanimously supported

ACTION:

1. Council install raised centreline & fog line marking on Mont Street bend.

2. Council work with the owners of 28 Mont Street to have the hedge encroaching Council’s road reserve removed

3. The residents be advised of the above.

7.0 Matters for Information

7.1 Update on Installation of Bus Shelters

In September 2017 Council accepted $140,000 of grant funding under the Country Passenger Transport Infrastructure Grant Scheme for the installation of 14 bus shelters at identified locations within the Yass Valley LGA.

RECOMMENDATION:

1. Council seeks Murrumbateman community feedback on the site sufficiency the recently installed bus shelters.

2. Council continue to work with the RMS to investigate a bus pull-over area and park-n-ride in the Murrumbateman village

3. Council continue to work with the RMS to improve connectivity in Murrumbateman including shared paths joining the new facilities (eg motel) to the town centre

Unanimously supported

7.2 Representation Received on the Barton Highway Duplication

To advise the Committee of a resident’s concerns of the Barton Highway Duplication that will by-pass Murrumbateman village.

RECOMMENDATION:

1. That the concerns raised in relation to the proposed Murrumbateman Road overpass and horse underpass be referred to the RMS for consideration

2. That RMS be asked to investigate the potential of removing the Murrumbateman overpass and upgrading Euroka Avenue and connecting Murrumbateman Road traffic to the Euroka Road interchange with the Barton Highway

Unanimously supported

7.3 Safety Improvements Intersection of Queen and Stephens Streets Binalong (LATE ITEM)

The RMS have advised that they are currently investigating options to improve traffic safety at the intersection of Stephens and Queen Streets. Options may include closing the north eastern section of Queen Street.

ACTION – information be noted

7.4 Speed Zone Reviews Yass Valley Way (LATE ITEM)

The RMS have advised that they have completed two speed zone reviews of Yass Valley Way and the following are the outcomes:

· Yass Valley Way from Bellevale Road to Faulder Avenue – currently the posted speed limit is 100 kph and this will be reduced to 80 kph

· Yass Valley Way from Yass Township to 80kph zone near the Barton Highway intersection – currently 100 kph and will remain 100 kph

ACTION – information be noted

8.0 Matters Considered between Meetings

8.1 ACTVET 2018 Cycling Program

Council has received a request from the ACTVETS to request to use a number of local roads in the Yass Valley LGA for use as part of their 2018 cycling program. This request has been referred to the RMS and NSW Police and approval with a number of conditions that had been agreed on.

ACTION: The information was noted.

8.2 ANZAC Day 2018 – Binalong

Council has received a request to undertake 2018 ANZAC Day event at Binalong, which will occurred prior to the next scheduled Traffic Committee meeting. Council has agreed to provide the required traffic control requirements and notified the required road closures.

ACTION: The information was noted.

8.3 ANZAC Day 2018 – Yass

Council has received a request to undertake 2018 ANZAC Day event at Yass, which will occurred prior to the next scheduled Traffic Committee meeting. Council has agreed to provide the required traffic control requirements and notified the required road closures.

ACTION: The information was noted.

8.4 ANZAC Day 2018 – Sutton

Council has received a request to undertake 2018 ANZAC Day event at Sutton, which will occurred prior to the next scheduled Traffic Committee meeting. Council has agreed to provide the required traffic control requirements and notified the required road closures.

ACTION: The information was noted.

8.5 2018 District Cross Country Event – Gundaroo

Council has received a request to undertake the 2018 District Cross Country event at Gundaroo. Council has agreed to provide the required traffic control signs etc. The request has been referred to the RMS and NSW Police and approval has been approved with conditions.

ACTION: The information was noted.

8.6 Give way Sign Intersection of McIntosh Circuit and Barton Highway Murrumbateman

Council has received a request to install a give-way sign at the intersection of McIntosh Circuit and Barton Highway Murrumbateman. This request has been referred to the RMS as give-way signs are regulator signs and the Barton Highway is a Nation Highway managed by the RMS.

ACTION: The information was noted.

9.0 Items Delegated to Council

9.1 Request for Signs and Reduction of Speed limit on Yass River Road

Council has received a request from a resident for the installation of signs and reduce the posted road speed limit on Yass River Road.

RECOMMENDATION:

1. The Committee did does not support the installation of signs

2. That the request for a speed zone review be referred to the RMS.

Unanimously supported

ACTION:

1. That the request to reduce the speed limit from 100kmp to 80kmp be referred to the RMS

2. The resident be advised of the above.

9.2 Request for Line Marking Improvements Cooks Hill Road

Council has received a request from a resident on it’s social media site in relation to centre line marking on crest on Cooks Hill Road from the LGA boundary to Yass township

RECOMMENDATION:

1. The Committee does not support the installation of centre line marking along the full length of Cooks Hill Road

2. The Committee supports the install centre line marking on Cooks Hill Road from the Orion Street Archer Close..

Unanimously supported

ACTION:

1. Council to install centre line marking on Cooks Hill Road from the Orion Street Archer Close.

2. The resident be advised of the above.

9.3 Request for Speed Camera on Dog Trap Road Yass

Council has received a request from a resident on it’s social media site in relation to the installation of a speed camera on the Yass end of Dog Trap Road.

RECOMMENDATION: That Council make application to the Centre of Road Safety to request the installation of a speed camera on Dog Trap Road

Unanimously supported

9.4 Safety Concerns Queen Street Binalong

To consider a request received from a resident in relation to safety concerns on Queen Street Binalong, the resident has requested the installation of a zebra crossing to assist children to cross Queen Street on their way to and from School & additional posted speed limit signs to remind drivers of the legal speed limit

RECOMMENDATION:

1. The Committee does not support the installation of a zebra crossing or additional speed signs on Queen Street Binalong

2. Council work with the school to develop option to improve safety of parents and children

Unanimously supported

ACTION:

1. Council to apply for funding from the Active Transport to construct footpaths to connect the existing footpaths in this area.

2. The RSO to liaise with the school to improve pedestrian safety including on the use of safety vest for the parents walking groups of children to and from the school.

3. The resident be advised of the above.

9.5 Safety Concerns Wee Jasper Road (LATE ITEM)

To consider a request received from a resident in relation to safety concerns on Wee Jasper Road. The resident has requested the installation of a convex mirror on the approach to a blind bend at the crest of the a hill on Wee Jasper Road.

RECOMMENDATION: The Committee provide in principle support for the installation of a convex mirror.

Unanimously supported

ACTION:

1. Council to install a convex mirror on the approach to the blind bend at the crest of the hill. On Wee Jasper Road

2. The resident be advised of the above.

9.6 Safety Concerns Cross Street Intersections Yass (LATE ITEM)

Council has received a number of requests via Council’s social media in relation to safety concerns for the cross street intersections in Yass particularly relating to Ford Street, Church and Pritchett Streets.

RECOMMENDATION: The Committee provide in principle support for:

· Intersection Ford and Grampian Streets Yass – re-line mark hold line on east side of intersection, install hold line (to line up with the northern kerb and gutter)

· Intersection Ford and Pollux Streets – refresh line marking

· Intersection Pollux and Glebe Streets – no action required

ACTION:

1. Council to undertake the identified line marking.

2. The resident be advised of the above.

9.7 Safety Concerns Intersection Bellevale Road and Yass Valley Way Yass (LATE ITEM)

Council has received a request from a resident in relation to safety concerns for intersection of Bellevale Road and Yass valley Way. The concern primarily relates to traffic turning right from Bellevale Road onto Yass Valley Way being unable to see Yass bound traffic on Yass Valley Way when trucks on Yass Valley Way are approaching to turn left into Bellevale Road.

RECOMMENDATION: The Committee provide in principle support for making Bellevale Road no right turn into Yass Valley Way, which means all traffic will have to turn left towards the roundabout. Subject to community consultation

ACTION:

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

2. Council determine whether the parking arrangements are to change after considered any submissions and undertake any required works.

3. The resident be advised of the above

10. Update On Current Traffic Management Committee Issues Purpose Of Report

To provide the Committee an update on progress on Committee issues/activities.

ACTION: The information was noted.

MEETING CLOSED – 1:00pm

NEXT MEETINGS– 10.30am

1^st August 2018

7^th November 2018

BUS SHELTER LOCATIONS	Completed Y/N
Murrumbateman
South Street – near the Vine Close intersection	Y
Governor Drive – near the Governor Drive intersection	Y
Merryville Drive – near the Thoroughbred Drive intersection	Y
Merryville Drive – near the Clydesdale Close intersection	Y
Suffolk Avenue – near the Suffolk Avenue intersection	Y
Isabel Drive – near the Isabel Drive intersection	Y
McIntosh Circuit – near the George Street intersection	Y
Linden Close – near the Linden Close intersection	Y
Acacia Way – near the Acacia Way intersection	Y
Gundaroo
Morning Street – near the Rosamel Street/Morning Street intersection	Y (1)
Cork Street – near the Cork Street outside the Recreation Ground	Y
Lot Street – near the Lot/Cork Street intersection	Y (2)
Yass
Wargeila Road – near the Wargeila Road/Davis Lane intersection	N -Redundant
Bowning
Leake Street – near the Leake Street across the road from the Commercial Hotel	N due to commence May 2018

S&P Rating (or equivalent)	Exposure	Maximum % Invested per Policy
A1+/AAA	Nil	100%
A1/AA	80.62%	100%
A2/A	Nil	60%
A3/BBB	8.99%	30%
N/A	10.39%	Note 1

Institution	S&P Rating (or equiv)	Exposure	Max Exposure per Policy
NAB	A1/AA	40.05%	50%
IMB	A3	8.99%	30%
CBA	A1/AA	33.06%	50%
WBC	A1/AA	7.51%	50%
TCorp	N/A	10.39%	Note 1 above

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Attachments: a. Submissions Summary ⇩

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