Agenda of Ordinary Council Meeting

YVC_logo_test_transparent

Minutes of the

Ordinary Meeting of Council

Wednesday 19 December 2018

4.00pm

Council Chambers
209 Comur Street, Yass

Table of Contents

1. Prayer. 3

2. Apologies. 3

3. Declaration of Interest/Disclosures. 3

4. Confirmation of Minutes. 4

5. Mayoral Minute. 4

6. Director of Planning Reports. 5

6.1 Draft Renewable Energy Policy. 5

6.2 Development Consent No. 5.2003.379.2 - Rural Subdivision - 28234 Hume Highway, Bowning. 5

6.3 Development Consent DA175035 - Rural Subdivision, 176 Jones Lane, Spring Range. 6

6.4 Development Application No. DA180013 - Residential Subdivision, 60 & 82 Laidlaw Street, Yass. 7

6.5 Development Application No. DA180033 - Erosion Gully Restoration and Access Track Construction - 354 Kaveneys Road, Jeir. 6

6.6 Development Application No. DA185092 - Residential Subdivision , 4056 & 4078 Gundaroo Road, Gundaroo 8

6.7 Parking Fine Concessions. 9

7. Director of Engineering Reports. 9

7.1 Road Closure Armours Road. 9

7.2 Permanent Road Closure Wellington Road. 10

7.3 Permanent Road Closure- Majura Lane (Partial). 10

7.4 Permanent Part Road Closure Bush's Lane. 11

7.5 Permanent Part Road Closure - Fairlight Road. 11

7.6 2018 Sports Council Sports Awards. 12

7.7 Yass Murrumbateman Water Quality Improvement - Housing Acceleration Fund Grant. 12

7.8 2018/19 Gravel Road Resheeting Program.. 13

7.9 Update on the Timber Bridge Replacement Program.. 14

7.10 Sports Council - Nomination. 15

7.11 Tender Evaluation - Design and Construction of Seven (7) Concrete Bridges - YVC/ASS/16.2018. 15

7.12 Tender Evaluation - Construction of Two (2) Modular Steel Bridges - Tender YVC/ASS/15.2018. 15

7.13 Yass to Murrumbateman Water Supply Pipeline - Compulsory Acquisition. 16

8. Director of Finance & Corporate Reports. 17

8.1 Investment and Borrowings Report. 17

9. General Manager Reports. 17

9.1 Internal Audit Annual Report 2017/2018. 17

9.2 CanAssist Proposal - Yass Valley Colour Festival 17

9.3 Draft Audit, Risk and Improvement Committee Minutes. 18

10. Notice of Motion. 18

11. Questions with Notice. 18

12. Minutes and Recommendations of Council Committees. 18

12.1 Minutes of the Traffic Management Committee held on 21 November 2018. 18

12.2 Minutes of the Aboriginal Consultative Committee held on 4 December 2018. 19

12.3 Minutes of the Sports Council held on Monday 26 November 2018. 20

13. Confidential Matters. 20

13.1 Sports Council - Nomination. 21

13.2 Yass to Murrumbateman Water Transfer System - Land Acquisition at Morton Pump Station, Pipeline and Future Reservoir Site. 21

13.3 Tender Evaluation - Design and Construction of Seven (7) Concrete Bridges - YVC/ASS/16.2018. 22

13.4 Tender Evaluation - Construction of Two (2) Modular Steel Bridges - Tender YVC/ASS/15.2018. 22

Open Forum

Presentations to Council – Items on the Meeting Agenda

6.3 - DA 175035 – Rural Subdivision, 176 Jones Lane, Spring Range

Colin Bales

Jamie Bush

6.4 - DA 180013 - Residential Subdivision, 60 & 82 Laidlaw Street

Andrew Field (Yass Earthmovers)

Rod Therkelsen

Adrian Cameron

Liz Densely

Simon Cassidy

Jack Walker

6.5 – DA 180033 – Erosion Gully Restoration and Access Track Construction – 354 Kaveneys Road, Jeir

John Franklin

6.6 - DA 185092 - Residential Subdivision, 4056 & 4078 Gundaroo Road, Gundaroo

Kevin Robinson

Paul Carmody

Jamie Bush

Council Meeting - The Mayor declared the meeting open at 5.10 pm.

Present

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

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

1. Prayer

2. Apologies

Nil

3. Declaration of Interest/Disclosures

Councillor Frost declared a significant, non-pecuniary conflict of interest in Item 9.2 Can Assist Proposal – Yass Valley Colour Festival and stated that he believed his interest would preclude him from voting.

Reason: Councillor Frost declared an interest as he is the current President of Can Assist Yass Valley Branch.

Councillor Burgess declared a non-significant, non-pecuniary conflict of interest in Item No 6.6 Development Application No DA185092 – Residential Subdivision, 4056 & 4078 Gundaroo Road, Gundaroo and stated that he believed his interest would preclude him from voting.

Reason: Councillor Burgess declared an interest as he was previously in business with the applicant.

Councillor Abbey declared a significant, non-pecuniary conflict of interest in Item 6.2 Development Application No 5.2003.379.2 Rural Subdivision 28234 Hume Highway Bowning and stated that she believed her interest would preclude her from voting.

Reason: Councillor Abbey declared an interest as the applicant is a family friend.

Councillor Abbey declared a non-significant, non-pecuniary conflict of interest in Item 6.5 Development Application No DA180033 – Erosion Gully Restoration and Access Track Construction – 354 Kaveneys Road Jeir and stated that she believed her interest would preclude her from voting.

Reason: Councillor Abbey declared an interest as she had a previous association with the applicant.

Councillor Abbey declared a significant, non-pecuniary conflict of interest in Item 6.3 Development Consent DA175035 rural Subdivision 176 Jones Lane, Spring Range and stated that she believed her interest would preclude her from voting.

Reason: Councillor Abbey declared an interest as the applicant is a solicitor who does work for her.

Councillor Harker declared a significant, non-pecuniary conflict of interest in Item 7.13 Yass to Murrumbateman Water supply Pipeline – Compulsory Acquisition and stated that she believed her interest would preclude her from voting.

Reason: Councillor Harker declared an interest as the pipeline will travel through a family members land.

Councillor McManus declared a non-significant, non-pecuniary conflict of interest in Item 6.1 Draft Renewal energy Policy and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor McManus declared an interest as he is an employee of Transgrid, the supplier of energy.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 28 November 2018 covered by page numbers 3-19 inclusive and resolution numbers 258-288 inclusive, copies of which had been circulated to all Councillors, be taken as read and confirmed.

(Furry/Turner) 289

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

AGAINST: Nil

5. Mayoral Minute

Nil

6. Director of Planning Reports

6.1 Draft Renewable Energy Policy

SUMMARY

Presenting the outcomes from the public exhibition of the draft Renewable Energy Policy and to revise the draft policy in light of several issues raised. A revised policy is presented for adoption.

MOTION

That Council rejects the Renewable Energy Policy and all applications be considered on their merit.

(McManus/Furry)

FOR: Councillors C Burgess, N Furry M McManus and M Reid

AGAINST: Councillors R Abbey, G Frost, A Harker, J Jones and K Turner

MOTION LOST

FORESHADOWED MOTION

RESOLVED that the revised Renewable Energy Policy be adopted, with the reinstatement of industrial scale turbines in place of large scale turbines.

(Jones/Turner) 290

FOR: Councillors R Abbey, G Frost, A Harker, J Jones and K Turner

AGAINST: Councillors C Burgess, N Furry, M McManus and M Reid

At 05:41 pm Councillor Abbey left the Chambers.

6.2 Development Consent No. 5.2003.379.2 - Rural Subdivision - 28234 Hume Highway, Bowning

SUMMARY

Presenting a request to defer payment of development contributions to the point of sale rather than at subdivision plan release stage at 28234 Hume Highway, Bowning.

RESOLVED that a voluntary planning agreement be entered into for the deferred payment of development contributions associated with the subdivision at 28234, Hume Highway, Bowning subject to the agreement including:

· Payment of the required contributions (indexed in accordance with CPI as provided for in the plan):

- Upon settlement of the sale of the lot or

- Within two years if a sale has not taken place

· Any deferred payments being subject to interest equal to that for outstanding rates (i.e. currently 7.5% per annum).

(Frost/Reid) 291

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

AGAINST: Nil

6.3 Development Consent DA175035 - Rural Subdivision, 176 Jones Lane, Spring Range

SUMMARY

Presenting the assessment of an application to modify Development Consent No. DA175035 for a rural subdivision at 176 Jones Lane, Spring Range. The application is presented to Council as it attracted three submissions.

RESOLVED that the request to modify Development Consent No 5.2017.35.1 for a rural subdivision at 176 Jones Lane, Spring Range be approved by:

· Removal of condition 5, 6 and 11 from Part E – Prior to Issue of Subdivision Certificate

· Inclusion of conditions related to building envelopes, sharing cost of maintenance of the right of ways based on number of dwellings, biodiversity development assessment report.

(Jones/Reid) 292

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

AGAINST: Nil

Motion

RESOLVED that Item 6.5 be dealt with before Item 6.4.

(Jones/Turner) 293

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

AGAINST: Nil

6.5 Development Application No. DA180033 - Erosion Gully Restoration and Access Track Construction - 354 Kaveneys Road, Jeir

SUMMARY

Presenting the assessment of Development Application No. DA180033 for the rehabilitation of an erosion gully and the construction of an internal access track at 354 Kaveneys Road, Jeir. The proposal involves the importation of 60,000m³ of material. The proposal is referred to Council as the application has attracted 11 submissions.

RESOLVED that:

1. Conditional Development Consent be issued for Development Application No. DA180033 for erosion gully rehabilitation and the construction of an internal access road, including the importation of 60,000m³ of VENM/ENM at 354 Kaveneys Road upon:

· The Natural Resources Access Regulator (NRAR) issuing General Terms of Approval (GTA) under the Water Management Act

· The Applicant demonstrating that the proposed development does not trigger the threshold for entry into the Biodiversity Offset Scheme under the Biodiversity Conservation Act 2016

· The Applicant submitting a suitable construction design detail for the access road which includes a typical cross section and pavement detail

2. If the Natural Resources Access Regulator (NRAR) do not issue their General Terms of Approval (GTA), that Development Application No. DA180033 be refused

3. A policy is drafted relating to the Filling on Rural Properties, including for gully rehabilitation projects and internal access road construction.

(Jones/Frost) 294

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

AGAINST: Nil

At 05:52 pm Councillor Abbey returned to the Chambers.

6.4 Development Application No. DA180013 - Residential Subdivision, 60 & 82 Laidlaw Street, Yass

SUMMARY

Presenting a report on Development Application No. 180013 for a residential subdivision of 60 and 82 Laidlaw Street, Yass. The application is presented to Council as it attracted 15 submissions. The proposal is generally consistent with the Yass Valley Local Environmental Plan 2013 and the Yass Valley Settlement Strategy.

RESOLVED that:

1. The Development Application No 180013 for a residential subdivision of 60 and 82 Laidlaw Street, Yass is generally consistent with the zoning of the land under the Yass Valley Local Environmental Plan 2013 and the Yass Valley Settlement Strategy.

2. The request to vary the minimum lot size development standard is consistent with the Yass Valley Settlement Strategy and the reasons for the variation are supported.

3. A conditional Development Consent is supported in principle for the residential subdivision of 60 and 82 Laidlaw Street, Yass subject to the submission of:

· A satisfactory contamination report confirming the suitability of the site for the intended land use

· A satisfactory Biodiversity Development Assessment Report

· A suitable intersection design(s) at Laidlaw Street based on the traffic from the proposed subdivision and the anticipated traffic from the development of the overall residential area in this locality and in consultation with the Roads & Maritime Service if required and existing affected business operators

· A utility infrastructure design (for water, sewerage and stormwater) for the proposal and its integration with the development of the overall residential area in this locality

· A satisfactory overall master plan and environmental plan for the locality detailing how the area will be developed and how the environmental values (including the Yass River and associated wildlife corridor) will be protected

4. A further report be presented to Council following submission of this additional information for further consideration and determination of the Development Application.

5. Any further subdivision beyond Development Application No 180013 shall be subject to a Planning Proposal based on the overall master plan for the locality.

(Jones/Furry) 295

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

AGAINST: Nil

At 06:03 pm Councillor Burgess left the Chambers.

6.6 Development Application No. DA185092 - Residential Subdivision, 4056 & 4078 Gundaroo Road, Gundaroo

SUMMARY

Presenting the assessment of Development Application No. 185092 for residential subdivision of 4056 and 4078 Gundaroo Road, Gundaroo. The application is presented to Council as it attracted six submissions.

RESOLVED that conditional Development Consent be issued for Development Application DA185092 for the subdivision of 4056 and 4078 Gundaroo Road, Gundaroo and including the following conditions:

· Proposed Lot 6 (E2 Environmental Conservation Zone) being consolidated with proposed Lots 7 or 11 or an acceptable combination of the two.

· A landscaping plan be prepared for the E2 Environmental Conservation area to protect the threatened species habitat (including fencing, restrictions of activities and planting) and be included in an appropriate title restriction

· The fencing of the E2 Environmental Conservation Zone area be undertaken at the Applicant’s cost

· The building envelopes on proposed Lots 7, 8 and 9 being similar in size to the building envelope on proposed Lot 11

· An Advisory Note included for the Applicant to introduce a cat containment area for each of the proposed lots

(Jones/Reid) 296

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

AGAINST: Nil

At 06:09 pm Councillor Burgess returned to the Chambers.

6.7 Parking Fine Concessions

SUMMARY

Presenting a report on the State Government initiative to reduce parking fines and to recommend the offer be accepted.

RESOLVED that the State Government offer to opt in to the parking fine concessions from 1 January 2019 be accepted.

(Reid/Turner) 297

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

AGAINST: Nil

7. Director of Engineering Reports

7.1 Road Closure Armours Road

SUMMARY

Part of Armours Road (Segment 4) has not been constructed within the road reserve. To address this issue it is proposed to closed the unused section of Armours road and create a new road reserve over the existing constructed road.

RESOLVED that:

1. Council approve the part closure of Armours Road Binalong as shown in DP 1241207.

2. Council commence the road closure process in accordance with the NSW Roads Act 1993.

3. The closed road be transferred to the adjacent landowner in compensation for the creation of a road reserve over the existing constructed road.

4. A new section of Armours Road be dedicated as public road in accordance with DP 1241207.

5. The General Manager and Mayor be authorise to use to the Council seal as required on all associated documentation.

(Turner/Reid) 298

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

AGAINST: Nil

7.2 Permanent Road Closure Wellington Road

SUMMARY

Council has approved a 47 lot sub-division which utilises Wellington Road, Yass to access the new division. The conditions of consent for the sub-division included a part road closure of the existing Wellington Road reserve and realignment of the road.

To proceed with these consent conditions and in accordance with the NSW Road Act Council must approve the part road closure.

RESOLVED that:

1. Council approve the part closure of Wellington Road, Yass as shown in the associated plan.

2. Council commence the road closure process in accordance with the NSW Roads Act 1993.

3. The closed road be dedicated as Operational land.

4. The closed road be sold to the adjacent property owner in accordance with the consent conditions for DA 14-2013.

5. The General Manager and Mayor be authorise to use to the Council seal as required on all associated documentation.

(Turner/Reid) 299

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

AGAINST: Nil

7.3 Permanent Road Closure- Majura Lane (Partial)

SUMMARY

Council received an application from the owner of Lot 110 DP 878557 at 1 Majura Lane, Sutton NSW 2620, to close the part of Majura Lane and sell to them.

Council contacted with Roads and Maritime Services who have indicated that they have no objection to the proposed closure and sale.

The land has no operational value to Council and provides access to only one property, being 1 Majura Lane, Sutton.

RESOLVED that:

1. The portion of Majura Lane road reserve identified in the associated plan is surplus to Councils operational requirements.

2. Council commence the road closure process in accordance with the NSW Roads Act 1993.

3. The portion of Majura Lane road reserve identified in the associated plan be dedicated as Operational land.

4. The land be sold to the adjacent property owner at a cost to be determined by formal valuation.

5. The General Manager and Mayor be authorised to use the Council seal as required on all associated documentation.

(Turner/Reid) 300

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

AGAINST: Nil

7.4 Permanent Part Road Closure Bush's Lane

SUMMARY

Council has approved a sub-division along Bush’s Lane Murrumbateman,

The conditions of consent for the sub-division include a part road closure of the existing Bush’s Lane to remove two sub-standard 90 degree bends and realignment of the road.

To proceed with these consent conditions and in accordance with the NSW Road Act, Council must approve the part road closure.

RESOLVED that .

1. Council approve the part closure of Bush’s Lane Murrumbateman in accordance with the associated plan.

2. Council commence the road closure process in accordance with the NSW Roads Act 1993.

3. The closed road be dedicated as Operational land.

4. The land be transferred to the adjacent property owner in accordance with the consent conditions for DA 187-2017.

5. A new section of Bush’s Lane be dedicated as public road in accordance with the consent conditions for DA 187-2017.

6. The General Manager and Mayor be authorised to use the Council seal as required on all associated documentation.

Turner/Reid) 301

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

AGAINST: Nil

7.5 Permanent Part Road Closure - Fairlight Road

SUMMARY

Several parts of the constructed section of Fairlight Road have not been constructed within the road reserve. To address this issue it is proposed to closed the unused sections of the Fairlight Road reserve and create a new road reserve over the existing constructed road.

RESOLVED that .

1. Council approve the part closure of Fairlight Road Mullion as shown in the associated plan.

2. Council commence the road closure process in accordance with the NSW Roads Act 1993.

3. The closed road be transferred to the adjacent landowner without fee in compensation for the creation of a road reserve over the existing constructed road.

4. The new sections of Fairlight Road be dedicated as public road.

5. The General Manager and Mayor be authorise to use to the Council seal as required on all associated documentation.

(Turner/Reid) 302

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

AGAINST: Nil

7.6 2018 Sports Council Sports Awards

SUMMARY

This report is to provide Council with an update on the proposed presentation of the 2018 Sports Council sports awards.

RESOLVED that .

1. Council approve the transitional timeframe for the 2018 Sports Awards,

2. Council approve the awards ceremony to be held prior to the Council Meeting on 22 May 2019

3. Council undertake a review of the sports awards process.

(Turner/Reid) 303

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

AGAINST: Nil

7.7 Yass Murrumbateman Water Quality Improvement - Housing Acceleration Fund Grant

SUMMARY

Following an application for a grant funding from the Housing Acceleration Fund under the Restart NSW for the Yass Murrumbateman – Water Quality Improvement Project, Council has been advised that it has been successful in part of that application for a fully funded grant of up to $1,200,000 to prepare a detailed design and final business case in anticipation of a future construction funding application for improvements to the Yass Water Treatment plant.

RESOLVED that .

1. Council accepts the grant of $1,200,000 for preparing a detailed design and final business case under the Housing Acceleration Fund, Restart NSW from the NSW Government for the Yass Murrumbateman – Water Quality Improvement Project.

2. The General Manager be delegated to execute the Restart NSW Funding Deed.

3. Funds from the water reserves to commence the work in 2018/19.

(Turner/Reid) 304

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

AGAINST: Nil

7.8 2018/19 Gravel Road Resheeting Program

SUMMARY

In 2018 Council received $3,524,150 (exclusive of Council’s contribution of $29,000) from the Natural Disaster Recovery Funds administered by Roads and Maritime Services to restore roads across the Council area following a declared natural disaster event (flooding) that struck the area in June-August 2016, resulting in a significant number of Council’s rural roads being damaged or impaired.

As a result of this unexpected funding allocation Council has re-sheeted a number of gravel roads throughout the area in the 1 to 4 road categories (or will by the completion of the funding allocation); being those roads Council has previously resolved to maintain through the provision of a formed gravel surface.

Coupled with its own gravel re-sheeting program leading up to the event, Council has now undertaken all the proposed re-sheeting works on gravel roads under its combined annual and Special Rate Variation (SRV) budget allocation of $650,000 for 2018/19 and the currently proposed projects in 2019/20.

This allows Council to redirect these funds, through its Budget Review processes, to other road-related projects within its asset portfolio to enable these assets to be adequately maintained and improve their current condition.

RESOLVED that .

1. Council allocates $365,000 from its 2018/19 Gravel Road Resheeting Program budget to its Timber Bridge Replacement Program budgets as part of the December 2018 budget review process.

2. Council allocates $235,000 from its 2018/19 Gravel Road Resheeting Program budget to its regional and local roads resealing programs as part of the December 2018 budget review process.

3. Council consider an additional allocation of $365,000 to the proposed 2019/20 Timber Replacement Program as part of 2019/20 budget process.

4. Council consider an additional allocation of $285,000 to the proposed 2019/20 regional and local roads resealing programs as part of 2019/20 budget process.

5. That a Councillor workshop be held on the road programs.

(Frost/Furry) 305

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

AGAINST: Nil

7.9 Update on the Timber Bridge Replacement Program

SUMMARY

Council were successful in receiving a 50/50 funded grant under round 3 of the NSW Government's Fixing Country Roads Program. This project in its entirety includes the replacement of 11 load limited timber bridges throughout the LGA. This report provides advice on the financial implications associated with this project now that tenders have been called to construct 7 concrete and 2 steel replacement bridges.

RESOLVED that .

1. The existing timber bridges listed in this report be replaced with two lane bridges.

2. The funding of the shortfall of $729,000 be considered with allocations from other road related budgets as part of the December 2018 Quarterly budget review and 2019/2020 budget determination processes.

3. Council staff continue to seek additional funding from the State Government to assist with the funding shortfall or to obtain alternate grant funding.

(Burgess/Furry) 306

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

AGAINST: Nil

7.10 Sports Council - Nomination

SUMMARY

An additional nomination has been received from a sporting organisation representative to become a member of the Sports Council.

RESOLVED that item is classified CONFIDENTIAL in accordance with Section 10A(2)(a) of the Local Government Act 1993, which permits the meeting to be closed to the public for personnel matters concerning particular individuals (other than councillors).

(Turner/Reid) 307

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

AGAINST: Nil

7.11 Tender Evaluation - Design and Construction of Seven (7) Concrete Bridges - YVC/ASS/16.2018

SUMMARY

This report provides advice on the submission of tenders for the replacement of seven (7) existing timber road bridges. This tender is for Contract YVC/ASS/16.2018, YVC Timber Bridge Replacements - Design and Construction of seven (7) Concrete Bridges.

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

(Turner/Reid) 308

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

AGAINST: Nil

7.12 Tender Evaluation - Construction of Two (2) Modular Steel Bridges - Tender YVC/ASS/15.2018

SUMMARY

This report provides advice on the submission of tenders for the construction of 2 modular steel bridges. This tender is for Contract YVC/ASS/15.2018, Construction of Two (2) Modular Steel Bridges.

(Turner/Reid) 309

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

AGAINST: Nil

At 06:17 pm Councillor Harker left the Chambers.

7.13 Yass to Murrumbateman Water Supply Pipeline - Compulsory Acquisition

SUMMARY

At the August 2018 Ordinary Meeting, Council resolved to commence proceedings to compulsorily acquire land associated with the creation of easements for the Yass-Murrumbateman Water Supply Pipeline project for all agreements not signed by 15 September 2018.

While a number of agreements have since been reached, in order to for the compulsory acquisition process to continue for those properties yet to reach agreement, Council is required to pass a number of additional resolutions under the Land Acquisition (Just Terms Compensation) Act 1991.

RESOLVED that .

1. Council proceed with the compulsory acquisition of the interest described as an easement for pipeline and water supply in the terms set out in Schedule A over that part of:

1.1. Lot 13 DP 786575 and Lot 2 DP 1243702 shown as blue hatching and noted as ‘Workspace’ in the plan at Attachment A of this report;

1.2. Lot 8 DP 270631 shown as blue hatching and noted as ‘Workspace’ in the plan at Attachment B of this report; and

1.3. Lot 1 DP 657978 and Lot 15 DP 815470 shown as blue hatching and noted as ‘Workspace’ in the plan at Attachment C of this report,

for the purpose of the Yass to Murrumbateman Water Transfer System Project in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2. Council make an application to the Minister and the Governor for approval to acquire the easement described in paragraph 1(a), (b) and (c) by compulsory process under section 186 of the Local Government Act 1993.

3. Council requests the Minister for Local Government and the Minister administering the Land Acquisition (Just Terms Compensation) Act 1991 approve a reduction in the notification period from 90 days to 45 days.

(Furry/Reid) 310

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

AGAINST: Nil

At 06:18 pm Councillor Harker returned to the Chambers.

8. Director of Finance & Corporate Reports

8.1 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 30 November 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 30 November 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.

(Jones/Frost) 311

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

AGAINST: Nil

9. General Manager Reports

9.1 Internal Audit Annual Report 2017/2018

SUMMARY

Annual report for the Yass Valley Council Audit, Risk and Improvement Committee (ARIC) and Internal Audit Function summarising the internal audit activities for 2017/2018.

RESOLVED that Council note the Annual Report for the Audit, Risk and Improvement Committee and Council’s internal audit function.

(Turner/Harker) 312

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

AGAINST: Nil

At 06:20 pm Councillor Frost left the Chambers.

9.2 CanAssist Proposal - Yass Valley Colour Festival

SUMMARY

Request for in-principle support for proposal for Can Assist Yass Valley Colour Festival.

RESOLVED that provide in-principle support for Can Assist Yass Valley Colour Festival.

(Turner/McManus) 313

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

AGAINST: Nil

At 06:20 pm Councillor Frost returned to the Chambers.

9.3 Draft Audit, Risk and Improvement Committee Minutes

SUMMARY

Council to note the minutes of the Audit, Risk and Improvement Committee meeting of 10 December 2018.

RESOLVED that Council note the Draft Audit, Risk and Improvement Committee minutes of 10 December 2018.

(Turner/Harker) 314

10. Notice of Motion

Nil

11. Questions with Notice

Nil

12. Minutes and Recommendations of Council Committees

12.1 Minutes of the Traffic Management Committee held on 21 November 2018

RESOLVED that Council receive the draft Committee Minutes of the Traffic Management Committee meeting held on 21 November 2018 and adopt the following recommendations:

9.5 Binalong New Year Eve Party

That the part closure Wellington Road Binalong for a New Year Eve event subject to the following conditions:

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

2. The event organiser arrange for an appropriately certified Traffic Management Plan (TMP) to be prepared, which includes all required detours

3. That the event organiser implement the Traffic Control Plan (TCP) identified in the TMP.

4. The event organiser is responsible for directly notifying all residents that may be affected by the approved events as soon as possible;

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

6. The event organiser is to arrange the supply and installation/removal of appropriate signs etc. identified in the TCP. All personnel involved must be appropriate accredited;

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

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

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

9.7 ACT VETS Cycling Club – Event 2019

That the proposed ACT Vets 2019 Cycling events and their associated traffic management plans, policies, check lists and guides be approved subject to the following conditions:

1. ACT VETS directly notify (including flyers in letter boxes) all residents that may be affected by the approved events, of the event program as soon as possible;

2. ACT VETS directly notify (including flyers in letter boxes) all residents that may be affected by the approved event one week prior to the event occurring;

3. ACTVETS erect signs at the start and finish of the Dog Trap Road route one week prior to the event advising of the details of the event including date and times

4. That council, NSW Police Force and the NSW RMS be noted as interested parties on the event insurance;

5. All escort vehicle drivers, event marshals, event participants etc will at all times obey the provisions of NSW Transport Legislation;

6. The certified traffic control plan for each event must be implemented, monitored and decommissioned by an accredited person;

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

8. ACT VETS shall comply with the above conditions and the undertakings in its submission. Failure to comply will immediately void this approval.

9. ACT VETS note that Council and/or the Police will monitor future events and provide feedback to the Committee which will be use when considering future event applications

9.11 Safety concerns Various Locations Yass CBD

That in principle support be provided for:

1. Signs at Comur Street adjacent to the car wash

2. The installation of a centre pedestrian refuge in Browne Street near the intersection with Shaw Street

3. The installation of ‘No-Stopping’ signs Crago Street for a distance of 10 metres from the entrance to the Aldi carpark.

4. That the above changes be placed on public exhibition.

(Jones/Frost) 315

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

AGAINST: Nil

12.2 Minutes of the Aboriginal Consultative Committee held on 4 December 2018

RESOLVED that the minutes of the Aboriginal Consultative Committee Meeting held on 4 December 2018 be noted.

(McManus/Turner) 316

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

AGAINST: Nil

12.3 Minutes of the Sports Council held on Monday 26 November 2018

Summary

The Sports Council met on Monday 26 November 2018 in council chambers. The Minutes are presented for Council’s information.

RESOLVED that the Minutes of the Sports Council meeting held on 26 November 2018 be noted.

(Furry/Reid) 317

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

AGAINST: Nil

13. Confidential Matters

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

13.1 Sports Council - Nomination

Item 13.1 is confidential in accordance with section s10(A)(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than councillors) and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

13.2 Yass to Murrumbateman Water Transfer System - Land Acquisition at Morton Pump Station, Pipeline and Future Reservoir Site

Item 13.2 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.

13.3 Tender Evaluation - Design and Construction of Seven (7) Concrete Bridges - YVC/ASS/16.2018

Item 13.3 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.

13.4 Tender Evaluation - Construction of Two (2) Modular Steel Bridges - Tender YVC/ASS/15.2018

Item 13.4 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.

(Furry/Turner) 318

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

AGAINST: Nil

Closed Council commenced at 6.23 pm.

13.1 Sports Council - Nomination

SUMMARY

An additional nomination has been received from a sporting organisation representative to become a member of the Sports Council.

RESOLVED that Council accepts the nomination from Mr Paul Jephcott, representing the Yass Redbacks Football Club.

Sports Council

1 Councillor plus representatives of local sporting bodies

Crs Furry

Paul Jephcott

(Furry/Harker) 319

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

AGAINST: Nil

13.2 Yass to Murrumbateman Water Transfer System - Land Acquisition at Morton Pump Station, Pipeline and Future Reservoir Site

SUMMARY

This report seeks Council’s approval for the acquisition of land through purchase for the proposed Morton Pump Station, pipeline and future reservoir adjacent to Morton Avenue Low Level Reservoir Site.

RESOLVED that .

1. Council approves the proposed acquisition of Part Lot 11 DP777721 as per the attached Contract for the sale and purchase of land 2018 edition.

2. The General Manager and Mayor be delegated under Section 377 of the Local Government Act, to execute the purchase.

(Reid/McManus) 320

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

AGAINST: Nil

13.3 Tender Evaluation - Design and Construction of Seven (7) Concrete Bridges - YVC/ASS/16.2018

SUMMARY

RESOLVED that Council accept the tender from Bedrule Pty Ltd, trading as Tobco, for the Design and Construction of seven (7) dual lane concrete bridges at a total cost of $2,282,478.08 (exc GST).

(Frost/Turner) 321

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

AGAINST: Nil

13.4 Tender Evaluation - Construction of Two (2) Modular Steel Bridges - Tender YVC/ASS/15.2018

SUMMARY

This report provides advice on the submission of tenders for the construction of 2 modular steel bridges. This tender is for Contract YVC/ASS/15.2018, Construction of Two (2) Modular Steel Bridges.

RESOLVED that Council accepts the tender of $1,389,383.00 (exc GST) from Complete Civil to construct the two (2) Modular Steel Bridges at the Yass River Road (Walmsley) and Black Range Road (Derringullen) sites.

(Turner/Frost) 322

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

AGAINST: Nil

RESOLVED that the meeting move into Open Council.

(Harker/Burgess) 323

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

AGAINST: Nil

Open Council resumed at 6.32 pm.

RESOLVED that the resolutions in Closed Council be adopted.

(Furry/Turner) 324

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

AGAINST: Nil

The meeting closed at 6.33 pm.

………………………………….
Rowena Abbey
Mayor

Ordinary Council Meeting 27 February 2019

5.1 Mayoral Minute - Yass Water Supply

SUMMARY

To provide the community with a comprehensive overview of Council’s action on Yass Water Supply in terms of water security and water quality.

RECOMMENDATION

Council continue to advocate, pursue funding and funding commitments to ensure the best water quality and water security results for our community.

REPORT

1. Yass Water Supply

Yass water supply is fed by the Yass River and for many years the palatability of the water from the catchment has been a major issue due to its high hardness, dissolved solids, colour (organic matter) and taste.

The Yass Water Treatment Plant was constructed in 1938 and last upgraded in 1990 and was not designed for the removal of these materials.

While the taste and appearance are ongoing issues for the water supply there are times of the year, in particular when we experience extremely hot and dry weather over summer, when the situation is exacerbated.

2. What has caused the recent discolouration?

The rapid increase in discolouration in late December was due to Council experiencing a failure of equipment at the Yass Water Treatment Plant, which caused an imbalance in the delicate chemical reactions used to treat water from the Yass Dam. Repairs to the equipment were carried out on the same day and at no time was the water unsafe for consumption.

The ongoing persistence of discolour and odour can also be attributed to the extended lack of rainfall and the above average temperatures experienced from the end of December and throughout most of January. The quality of the supply of water to the Yass Water Treatment Plant is reliant upon a number of environmental factors, including rainfall patterns and prevailing weather conditions, across the catchment area.

3. Is the water safe to consume?

While the water is not particularly appealing, due to the smell and taste, it is safe to consume.

To be able to provide a potable (drinkable) water supply Council has to meet very strict health guidelines, which are set and verified by NSW Health. The Australian Drinking Water Guidelines include two types of measures:

• A health-related guideline value, which is the concentration or measure of a water quality characteristic that, based on present knowledge, does not result in any significant risk to the health of the consumer over a lifetime of consumption.

• An aesthetic guideline value, which is the concentration or measure of a water quality characteristic that is associated with acceptability of water to the consumer (appearance, taste and odour etc).

Yass Water Supply is tested daily at the Yass Water Treatment Plant to ensure the safety of water supplied. NSW Health, as a regulator of the water supply, verifies the safety through their own independent weekly and monthly testing process at 21 sites in the supply area – Yass (8), Murrumbateman (5), Bowning (4) and Binalong (4). All sites are pre-determined by NSW Health.

To continue to provide reassurance to the community Council has increased testing of the water supply. Since late December 2018 Council staff have commenced on the spot testing when discoloured water is reported to Council. Council has recently engaged a National Association of Testing Authorities, Australia (NATA) facility in Melbourne to test weekly for the presence of Giardia and Cryptosporidium in Council’s water supply. The first set of results are due back to Council by Friday, 1 March. Health NSW currently test for the presence of E. coli, which is an indicator of contamination, and to date all test results have come back negative.

Council’s water quality results are available on our website, freely available for the general public to access: https://www.yassvalley.nsw.gov.au/our-services/water/water-quality/

4. Why did Council address water security over water quality?

In 1990 Council made water security and quality priority projects for our Local Government Area (LGA) and added it to our infrastructure backlog program, ensuring if was on the State and Federal Government radar for funding opportunities.

When grant applications and advocacy by Councillors was not securing funding commitments from State or Federal Governments, Council made the difficult decision in 2013 to ‘go it alone’ and fully fund the raising of Yass dam wall. This $22M project increased the service capacity of the water catchment from 7,500 people to 15,000 and addressed the medium term water security needs for Yass, Bowning and Binalong.

If Council had made the decision to address water quality, instead of water security, we may presently have better tasting water, but we would also be experiencing severe water restrictions like our neighbouring local government areas.

So many factors play into these difficult decisions made by Councillors and the development demand being place on Murrumbateman village was one of the major factors. Murrumbateman village is growing at a rapid rate and is currently serviced by unreliable and poor quality ground water bores. By prioritising the Yass Dam wall raising project Council was also able to secure supply for this growing village by building a pipeline from Yass to Murrumbateman.

Long term Council is still in discussions with the ACT about a water pipeline from Canberra. The pipeline being built between Yass and Murrumbateman will have the capacity to reverse the water from Murrumbateman to Yass, if a pipeline from Canberra becomes a reality. This is very much a long term plan, one based on significant and consistent population growth for our area.

5. What has Council been doing to fix water quality long term?

At the completion of the raising of the Yass Dam wall in 2013 the Water Fund Reserve was exhausted and also left Council with considerable loan repayments. By 2016 Council was in the position to commence applying for grant funding to address the issue of water security for Murrumbateman (now we had capacity at the Yass Dam to do so) and also water quality through an update of the Yass Water Treatment Plant.

· April 2016 – Council applied to the Restart NSW/Regional Water & Wastewater Backlog Program for both the water pipeline project and water quality project.

o Council was successful in receiving $3.735M in funding towards the water quality project, but because it was well short of what was need to complete the project the funding was redirected to the water pipeline project which had been successful in receiving funding of $6,100,000 under the National Stronger Regions Fund Programme.

o Again, completing the pipeline addresses water security for our growing population in Murrumbateman. It is a very difficult decision for Council to make, and one that is not made lightly, however water security projects is always a priority over water quality projects.

· April 2018 – Council applied to the Safe & Secure Water Program (NSW Government) for the water quality project.

o The State Coalition Government’s announcement (Thursday, 7 February) will now fully fund the project under this program.

· April 2018 – Council applied to the Housing Acceleration Fund (NSW Government) for the water quality project.

o Council was successful in receiving $1.2M in December 2018 to commence a detailed design and business case for improvements to the Yass Water Treatment Plant. The EOI for the design and business case opened to submissions on Tuesday, 19 February. Once a provider is appointed by Council it will take 12-18 months for the detailed design and business case to be completed, allowing the construction phase (depending on funding) to commence.

· May 2018 – Council applied to the Growing Local Economies Program (NSW Government) for the water quality project.

o We are still awaiting an outcome from this application.

6. What funding has now been committed by State and Federal Government?

Labor made a public commitment on Thursday, 7 February 2019 – Elected Federal & State Labor Governments will invest $5M each to help Yass Valley Council modernise the town’s water treatment plant.

The Coalition made a public commitment on Thursday, 7 February 2019 – A re-elected State Coalition Government will fund the entire upgrade project, with the final funding amount determined by the design and business case currently underway by Yass Valley Council.

7. What is the timeline moving forward?

The below timeline is determined to ensure a fair and open process for the appointment of the contractors to undertake the final design and business case for the Yass Water Treatment Plant upgrade project. It is in line with Council’s current Procurement Policy (FM-POL-1), the Local Government Act 1993 and Local Government (General) Regulations 2005.

February 2019 – Expression of Interests (EOI) are now being invited from suitably qualified and experienced consultants / contractors to undertake the development of option studies, concept design and detailed design for the Yass Water Treatment Plant upgrade project.

March 2019 – Expression of Interest (EOI) process closes.

April 2019 – Shortlisted consultants / contractors from EOI process to be invited to Tender for the project.

May 2019 – Tender process closes.

June 2019 – Evaluation of Tender responses.

July 2019 – Council to appoint consultants / contractors post Tender process.

May 2020 – Appointed consultant / contractor to complete option studies, concept design and detailed design for the Yass Water Treatment Plant upgrade project.

Once the detailed design and business case are completed Council will be able to move into the construction phase, which will take approximately 18 months to 2 years. This timeframe will be dependent on who wins the State and Federal Government elections and ensuring pre-election funding commitments are confirmed.

8. What are staff doing in the short term?

Council staff are working around the clock to try to find a solution to the current discolouration and odour being experienced by some properties connected to the Yass Water Supply. We are currently in unprecedented territory and staff are working closely with experts in the water quality field to try to find a solution as quickly as possible.

· As residents are reporting discoloured water to Council, staff have been flushing water mains to move discoloured water through the network. Staff are also conducting on-the-spot testing to continue to ensure the water is safe to consume.

· Daily water testing is occurring at various locations throughout the network to ensure the water continues to meet the health requirements of the Australian Drinking Water Guidelines, with results reported to NSW Health.

· Council has recently engaged a National Association of Testing Authorities, Australia (NATA) facility in Melbourne to conduct weekly tests for the presence of Giardia and Cryptosporidium in Council’s water supply. This is in addition to the required testing under the Australian Drinking Water Guidelines to again reassure our community that the water supply is safe to consume. The first set of results are due back to Council by Friday, 1 March and will be made available on Council’s website.

· NSW Health currently test for the presence of E. coli, which is an indicator of contamination, and to date all test results have come back negative.

· The Powdered Activated Carbon Dosing Unit was made operational on Thursday, 31 January 2019 to provide an additional step in the water treatment process to try to decrease colour, odour and taste in the treated water. Staff will continue to evaluate the effectiveness of this additional step.

· Water experts from the Department of Primary Industry (DPI) have been working with staff to look at ways to improve the operation of Yass Water Treatment Plant. DPI have recommended:

o Increasing the cleaning of the sand filter beds at the Treatment Plant to remove build-up of residual manganese and other materials.

o Increasing oxygen levels in the Yass Dam through bubble aeration.

o Council to consider dredging sediment near the inlet cone. (This process is currently being investigated by Staff).

· Council staff are currently investigating ‘ice pigging’ (descaling) to possibly remove sediment in the water mains in Yass, however this will cause a temporary spike in water discolouration during this process. (Staff are continuing to investigate this option and provide costs to Council).

· Council has considered a portable carbon filtration system to provide an additional filtration process to already treated water, however at a cost of $2.7M and an annual operational cost of $900,000 this option is not considered financially feasible for a short term solution.

To alleviate the current situation Council has also considered a number of other options around water rebates and the supply of water filters. Whatever option is chosen has to be fully funded from money available in the water fund, this is prescribed in the Local Government Act.

From the funds available the options become limited ad ineffective to assist residents as a short term solution.

9. Why doesn’t Council just fund the upgrade to the Treatment Plant itself?

Council will require approximately $11M for this project; that is not funding that can be simply found. Currently, Council would be unable to repay an $11M loan using the existing water fund, nor do Council believe passing on the entire expense to water users is the right solution. Paying back an $11M loan will roughly equate to $235 per year, for every household with a water connection, over the 20 year life of the loan.

It is very important to spell out that building the new treatment plant would not occur any faster if Council was to fund this project ourselves, however our community would have to fund it. We would still need to go through a similar process of a design and business case to get the loan and would then need to undergo the same procurement process to appoint and commence construction.

We understand that the current situation is not ideal for our residents or businesses but please know we are investigating all options available to us. Council are unable to put an exact timeframe on when the water supply will return to normal.

The discoloured and unpleasant smelling water seems to be occurring in pockets in the township of Yass and is not a blanket problem for all households. Council continues to stress that residents need to report discoloured and unpleasant smelling water directly to Council by calling the Customer Service team on 6226 1477. This will allow water staff to investigate further and know exactly where the issues are occurring.

ATTACHMENTS: a. Frequently Asked Questions FAQs - Yass Water Supply ⇩

Ordinary Council Meeting 27 February 2019

6.5 Planning Proposal - Highway Service Centre, Hume Highway, Bowning

SUMMARY

To present the outcomes of the consultation of the Planning Proposal seeking an amendment to the Yass Valley LEP 2013 to permit a highway service centre at 27782 Hume Highway, Bowning. It is recommended that the Planning Proposal be endorsed and the amendment to the Yass Valley LEP 2013 be made.

RECOMMENDATION

That:

1. The Planning Proposal - Highway Service Centre, Bowning (PP-2017-01) be endorsed and the amendment to the Yass Valley LEP 2013 be made by Council as delegate of the Minister for Planning.

2. The amendment to the Yass Valley LEP 2013 be forwarded to the NSW Parliamentary Counsel’s Office to request formal legal opinion that the amendment can be made.

Financial IMPLICATIONS

Nil - Resources for the assessment of Planning Proposals are provided for in the current Operational Plan - Fees and Charges.

POlicy & Legislation

· Environmental Planning & Assessment (EP&A) Act 1979

· Yass Valley Local Environmental Plan (Yass Valley LEP) 2013

REPORT

1. Background

In February 2017 a Planning Proposal was submitted seeking an amendment to the Yass Valley LEP 2013 to permit a highway service centre at 27782 Hume Highway, Bowning.

The site is located on the northern side of the Hume Highway, to the immediate west of the Bowning village. The site is zoned RU1 Primary Production as shown below, in which a highway service centre is prohibited.

The site has an area of 19.63 ha and is irregular in shape as shown below.

2. Planning Proposal

The Planning Proposal (refer Separate Enclosure) seeks a site specific amendment to the Yass Valley LEP 2013 to permit a highway service centre with Development Consent at 27782 Hume Highway, Bowning.

The Planning Proposal is intended to amend Schedule 1 Additional Permitted Uses of the Yass Valley LEP 2013 by including the following:

1. Use of certain land at 27782 Hume Highway, Bowning

(1) This clause applies to land at 27782 Hume Highway, Bowning being part Lots 16 & 18 DP 246891 and part Lot 172 DP 649063, identified as “1” on the Additional Permitted Uses Map.

(2) Development for the purposes of highway service centre is permitted with development consent.

3. Gateway Determination

In May 2017 Council endorsed a site specific amendment to the LEP and determined to seek a gateway approval. The gateway approval was issued on 12 July 2017.

4. Public Exhibition

Public exhibition included notice to 17 adjoining and nearby landowners and the Bowning Progress Association. The proposal was also referred to relevant State Agencies. Eight submissions (including four from State Agencies) have been received (refer Attachment B).

The issues raised by nearby landowners and the planning responses are discussed as follows.

4.1 Retention of highway median crossover

An adjacent landowner objected to the proposed closure of a median crossover which provides vehicular access to their property from eastbound and westbound carriageways of the Hume Highway.

Roads & Maritime Services (RMS) do not support the proposed closure of the median crossover. RMS has advised that the existing median crossover was constructed at the time of the duplication of the Hume Highway to provide vehicular access to Lot 26 DP246891 from the eastbound and westbound carriageways of the Hume Highway and should not be closed without the consent of the landowner of Lot 26 DP246891.

The proponent has agreed to retain the existing median crossover. It is important to note that the proponent will have to submit a detail access design for the proposed development as part of any future Development Application to the RMS for approval.

4.2 Inconsistency with the zone objectives

It has been stated that the highway service centre, Bowning will be permissible on a land zoned RU1 Primary Production, however, the proposed use is inconsistent with the zone objectives under the provision of Yass Valley LEP 2013.

It is noted that the proposed highway service centre does not apparently achieve the objective of the zone, however, highway service centres are important commercial uses in supporting the travelling public along the main road network. Highway service centres provide facilities for vehicle refuelling/recharging and opportunity for drivers to rest and alleviate fatigues and contribute to overall road safety.

Highway service centres are best placed along the Hume, Federal and Barton Highways. These areas are all zoned RU1 Primary Production. While provision could have been made to permit highway service centres in RU1 Primary Production zones this mechanism was not choosen to avoid perliferation of such land uses and to protect the rurral character of the Local Government Area. This is an approach taken by many Coucils in regional NSW. This approach allow Council to assess individual proposals on their strategic merit. In this instant, the proposed highway service centre is strategically located close to a town bypassed by the highway and will assist in serving the travelling public along this section of Hume Highway.

4.3 Impact on small businesses

One of the concerns raised is the impact of proposed highway service centre on the small business in the Bowning Village and Yass Township. It is important to note that the highway service centre will mainly accommodate refuelling/recharging facility for vehicles travelling along the Hume Highway, a convenience store, vehicles repair service and some takeaway food outlets. As such, these facilities and business activities are of different nature to what is available in Bowning Village. The unique nature of retail activities within the historic Bowning Village are unlikely to be substituted by a highway service centre.

The highway service centre will mainly be used for travelling public whereas the small business of the Bowning Village will serve the needs of local community as well as tourists who will visit the Bowning Village despite of a highway service centre. In addition, the highway service centre will create more full time and part time employment opportunities for the local residents especially the young people of the Bowning Village.

4.4 Noise and visual impacts

Concerns have been raised about the decline in the value of neighbouring properties and agricultural land due to noise and visual impact of highway service centre.

The impact of proposed development on land values has been consistently held by the courts not to be a relevant planning issue.

The Environmental Noise Impact Assessment Report prepared for the proposed highway service centre states that main source of noise will be from mechanical plant, cars and trucks movements and restaurant patron noise. Without the detailed design and noise attenuation measures it is not possible to determine the impacts at this stage. It is possible that noise attenuation measures can be incorporated in to the future design to minimise the impacts on nearby properties. These matters are more appropriately assessed as part of a future Development Application.

5. NSW Agencies

The Planning Proposal was referred to the Environmental Protection Authority, Roads & Maritime Service, Department of Primary Industry (Water) and Office of Environment & Heritage for comments.

5.1 Environmental Protection Authority (EPA)

EPA advised that the Planning Proposal does not trigger any of the activities listed under Schedule 1 Protection of the Environment Operational Act 1997, and as such EPA does not have a formal role in this matter.

5.2 Roads & Maritime Services

RMS has no objection to permit a highway service centre at the site. RMS indicated that:

i. Any connection point (access/exit) of vehicular access driveway between the site and the Hume Highway shall not be located where it provides for convenient access for vehicles travelling on the westbound carriageway of the Hume Highway to access/exit the site using nearby median crossovers

ii. Median crossovers were provided at selected location between the eastbound and westbound carriageway of the Hume Highway. One of those crossovers was provided to access/exit Lot 26 DP246891 whereas the proposal include the closure of this median crossover. RMS advised this median crossover is not to be closed without the consent of the land owner of Lot 26 DP246891

The proponent has revised the Service Centre Access - Concept Plan to retain the median crossover to access/exit Lot 26 DP246891. However, another median crossover that provides access to Lots 18 and 19 DP246891 is proposed to be closed in order to limit convenient access to the westbound carriageway of the Hume Highway from the acceleration lane. An access to Lot 19 will be provided at the end of the merge taper.

5.3 Office of Environment & Heritage

OEH believes that the site appears to have limited constraints from flora and fauna, Aboriginal cultural heritage and flooding perspective and have no objection to the Planning Proposal.

OEH comments relate to:

· Flora and Fauna Assessment

OEH note that the site is cleared of trees and has been used for sheep grazing over an extended period. The species recorded on the site is dominated by exotic grasses and clovers and no Yass Daisies (a protected species) is found or likely to exits. OEH also agrees to the report’s conclusion that the site has limited ecological value.

· Aboriginal cultural heritage

OEH advised that an Aboriginal Heritage Impact Permit (AHIP) is not required at this time.

· Floodplain risk management

OEH believe that a small watercourse and dams located on the watercourse on the site implies flooding risk is low. Therefore the site is likely to be subject to some minor flooding and/or has the limited potential to affect flood behaviour..

A Flood Study prepared by the proponent indicates that the proposed development would result in a negligible increase in post development peak flow. The study also suggest that the proposed highway service centre will have negligible impact on the existing flood condition and will not alter the flood levels on adjoining land.

The flooding impacts can be dealt with in greater detail at the Development Application stage once the building design and location have been finalised.

5.4 Department of Primary Industry (Water)

DPI-Water has no objection to the Planning Proposal, however, they have recommended the following issues be addressed at the development assessment stage:

· Stormwater management

Stormwater management at the site to mitigate the impact to downstream watercourse stability and water quality. Dams are located adjacent to the site which will need to be considered to ensure impacts are adequately mitigated.

· On-site effluent management

On-site effluent management to mitigate impacts to the groundwater and surface water sources. This will need to consider sufficient areas for effluent disposal, buffers to surface water sources and adequate management to mitigate impacts to groundwater and surface water.

· Secure water source

A secure and appropriately licenced supply of water will need to be demonstrated. Where this proposal is increasing the water demand from the proposed source, an impact assessment will need to be completed and sufficient water entitlement obtained from the relevant water source.

While DPI-Water suggest that water source security can be dealt with at the development assessment stage, water supply is considered to be a significant issue for development within Yass Valley. Accordingly the proponent was required to demonstrate that they have a secure source of water to service the proposed highway service centre taking into account the site will not be able to connect to the Council reticulated water system.

The Hydrogeological Assessment demonstrates the production bore meets the required water yield of 11ML thought there are some concerns about the quality of water. The issue of water quality can be addressed at the development assessment stage.

The proponent was also asked to demonstrate that the soil has the capacity to handle wastewater and mitigate impacts to groundwater and surface water sources. An On-site Waste Management Plan satisfactorily demonstrates the site is capable of managing wastewater on site.

A Stormwater Management Plan has also been submitted indicating there are no significant impacts. The detailed design can be assessed following completion of the building design as part of the development assessment.

6. Conclusion

In regard to the Planning Proposal at this stage in the planning process Council can:

· Reject the proposal

· Modify the proposal

· Adopt the proposal as exhibited.

The submissions from the State agencies and public have not raised any significant issues warranting rejection or modification. Most of the concerns raised in the submissions are matters that can be dealt with at the Development Application stage of the planning process following receipt of a detailed design.

Strategic Direction

Key Pillar 1. Our Environment

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

Delivery Program Action EN4.1 - Ensure Council's statutory planning instruments are up to date and reflective of the community needs

Operational Plan Activity EN4.1.1 – Undertake ongoing strategic land use planning and reviews of existing instruments

ATTACHMENTS: a. Planning Proposal (Under Separate Cover) ⇨

b. Submissions ⇩

Ordinary Council Meeting 27 February 2019

6.6 Development Consent No 025425B - Concrete Batching Plan - 72 Kaveneys Road, Jeir

SUMMARY

To present the assessment of the application to modify Development Consent No DA025425A for a concrete batching plant at the Boral site, 72 Kaveneys Road, Jeir. The proposal seeks to increase the maximum production from 37,500 tonnes per annum to 125,000 tonnes per annum. The application is referred to Council as it attracted seven submissions. Approval is recommended, subject to discrepancies with traffic generation figures and the traffic noise impact assessment being suitably addressed.

RECOMMENDATION

That the application to modify Development Consent DA025425A be approved, subject to discrepancies with the traffic generation figures and traffic noise impact assessment being suitably addressed, including the traffic volumes and sensitive receiver locations.

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 No. 33 – Hazardous & Offensive Development

· State Environmental Planning Policy (Infrastructure) 2007

· Yass Valley Local Environmental Plan 2013

· Yass Local Environmental Plan 1987

· Yass Shire DCP (Community Consultation)

· Yass Valley Heavy Haulage Section 94 Contributions Plan 2006

· Draft Yass Valley Heavy Haulage Contributions Plan 2018

REPORT

1. Application Details

Date Received	-	3 October 2018
Land	-	72 Kaveneys Road, Jeir
Area	-	16.19ha (total 114ha including adjoining lot with quarry)
Zoning	-	RU1 Primary Production

2. Site Description and Locality

The subject land is located at 72 Kaveneys Road, Jeir, approximately 700m from the intersection of Kaveneys Road and the Barton Highway. The site already contains the concrete batching plant and the adjoining land has a quarry also operated by Boral.

The surrounding area is rural and is used for agricultural activities and rural lifestyle. The nearest dwellings are owned by Boral, however other dwellings which are not owned by Boral are approximately 500m to the east towards the Barton Highway and are considered to be sensitive receivers.

A locality plan is included as Attachment A.

3. Background and Proposal

In February 2003 Council considered Development Application No 425/2002 for a concrete batching plant at the subject land. The concrete batching plant was to replace an existing one located on the adjoining quarry site. Council determined to support the proposal and Development Consent was issued with conditions restricting the maximum output to the equivalent of 37,500 (or 15,000m³) tonnes per annum (tpa).

An application has been received to modify the Development Consent in order to increase the maximum output of the concrete batching plant from 37,500tpa to 125,000tpa. The Statement of Environmental Effects (SEE) is included under separate cover and is supported by technical reports including:

· Traffic Noise Impact Assessment

· Air Quality Impact Assessment

· Traffic and Transport Assessment

· Water Management Plan

The application also seeks to modify a condition of the Consent which references the maximum extraction rate of the adjoining quarry. The original Consent for the concrete batching plant was issued in 2003 with a condition which limited the operation for a period of 13 years. This was modified in 2015 so that the Consent will expire once the adjoining quarry ceases operations. The quarry operates under Development Consent No 5.2006.35.3 with a maximum extraction rate of 500,000tpa and ceases after March 2024.

4. Other Heavy Haulage Developments in Locality

In December 2018 it was reported that there were several gully rehabilitation projects generating heavy vehicle traffic which have been approved on Kaveneys Road i.e.

Consent	Property	Volume of Material	Status
DA180033	354 Kaveneys Road	60,000m³	Supported by Council. Issue of Consent awaiting NRAR approval.
5.2017.251.1	332 Kaveneys Road	60,000m³	24,500m³ imported as of October 2018
5.2015.278.1	Lot 59 & 78 DP 754885 Kaveneys Road	26,000m³	Previously advised by Applicant that project is nearing completion.
5.2015.22.1	752 Kaveneys Road	73,000m³	Estimated to be less than 20% complete at last site inspection.
5.2014.205.2	212 Kaveneys Road	2,500m³	Understood to be completed.

Furthermore, it was noted that there are a number of other developments or projects generating heavy vehicle traffic in the locality, including quarrying (Boral and others), sand dredging and livestock transport.

5. Referrals

The application was referred to the NSW Environment Protection Authority (EPA) and the NSW Roads and Maritime Services.

The EPA, as the Appropriate Regulatory Authority for the concrete batching plant, has raised concerns with the lack of an operational Noise Impact Assessment. In the absence of such a report the EPA indicates that noise limits for all sensitive receivers be included in any Consent that may issue.

Conditions relating to water management, air quality, waste management and dangerous goods and chemical transporting and storage are also recommended.

The RMS indicate that eh exiting intersection at the Barton Highway and Kaveneys Road is suitable for the proposal and the anticipated increase in traffic. The RMS have recommended the inclusion of operational conditions restricting truck movements in peak periods and in fog conditions.

6. Public Exhibition

Public exhibition included notice to 29 adjoining and nearby properties (refer Attachment A). During the exhibition period there were seven submissions received, either objecting or raising points of concern. The key issues relate to:

· Notification and public exhibition

· Traffic and heavy vehicle movements

· Road standards and safety

· Road impacts and heavy haulage contributions

· Noise

· Dust and air quality

· Water and groundwater impacts

· Consistency with RU1 Primary Production zone

Four of the submissions received from landowners within the immediate locality, whilst the other three were from Yass Valley residents outside of the immediately locality. Copies of the submissions are included in Attachment C.

The Applicant has provided a response to the public submissions, the EPA’s comments and Council’s additional information request, included as Attachment D.

7. Assessment

The 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 identified in the assessment and raised in submissions is as follows:

7.1 Need for Proposal

In the submissions it is suggested that Boral has not established a suitable case to support the threefold expansion of production. The Applicant cites the objective of the modification to enable an effective and financially viable operation into the future, suggesting this is to both satisfy existing demand and to plan for future demand for infrastructure and housing construction in the region. The Applicant references population trends and suggests that the increased production will support the growth objectives the Yass Valley Settlement Strategy, noting the location of the plant in relation to settlements within the transportation distance for concrete.

Other factors likely to influence an increase in production are the continued growth in North Canberra and duplication of the Barton Highway.

Putting aside Boral’s business objectives for increasing production and any need for concrete supply to support growth within the region, the proposed modification must be considered on merit in accordance with the requirements of the planning legislation, including an assessment of the impacts associated with the proposed increase in production, discussed below.

7.2 Legislative Basis for Modification Application

The application has been made under provisions of s4.55 Environmental Planning & Assessment (EP&A) Act 1979. This section of the Act allows a Development Consent to be modified where the development remains substantially the same. Whilst the intensity of production is increasing, the development remains substantially the same in that it is for the purposes of a concrete batching plant. The same matters for consideration under s4.15 EP&A Act 1979 are also applicable for both new Development Applications and modification requests.

Development Consent No 425/2002 was issue on the basis that the concrete batching plant was not Designated Development as the production levels were below the legislative thresholds. In pre-lodgement discussions the validity of the original Consent was raised in relation to the productions levels and whether it should have been Designated Development. Boral provided a detailed legal opinion which indicates the validity of the Consent and that proposed increase in production can be considered as an alteration to the existing approval under the same provisions of the EP&A Regulation 2000 as if the original Development Application had been determined as Designated Development. This view has been accepted so the proposal for increased production can proceed as a modification request rather than a new application for Designated Development.

For a modification application to an existing development is not Designated Development and where the modification does not result in a significant increase in the environmental impacts of the total development, the following factors are required to be taken into consideration:

(a) The impact of the existing development

(b) The likely impact of the proposed alterations or additions

(c) Any proposals to mitigate environmental impacts and manage residual risk, and to facilitate compliance with standards and codes of practice

The Applicant has provided an assessment in relation to these factors in their Statement of Environmental Effects (SEE) (Attachment B). From a review of the SEE and an assessment of the proposal, the following comments are made and impacts discussed in more detail in this report:

· It is generally accepted that the concrete batching plant has had a satisfactory history of environmental management, noting their practices for undertaking environmental audits and compliance with Consent conditions

· The development footprint and impact area is not increasing, however it is the intensity of the land use that is increasing and the frequency of operation

· An assessment on air quality impacts has been provided, indicating from modelling that NSW criterion will continue to be met at sensitive receiver locations

· An assessment of traffic noise has been provided, indicating that noise levels at sensitive receivers will be at acceptable levels

· A quantitative assessment of operational noise impacts has not been provided and compliance report for existing noise restrictions can be required as a condition of any approval

· Water quality can be appropriately managed as per existing practices detailed in the accepted Water Management Plan

· The technical assessments provide an acceptable degree of certainty for predicting impacts. Operational noise as an assessment has not been provided, however obtaining a compliance report for existing noise restrictions is considered a suitable approach

· The Applicant has proposed no additional mitigation measures, suggesting that there are minimal environmental impacts. It is considered that minor environmental impacts – which primarily relate to traffic - can be managed through Consent conditions

While the proposal represents a threefold increase in production, it does not result in a significant environmental impact which would otherwise trigger the modification to be a Designated Development application. As such, the modification application can be determined by Council as local development.

7.3 Notification and Public Exhibition

The application was directly notified to nearby residents within a 1.5km radius of the concrete batching plant site. One of the submissions questions how this was considered to be sufficient, suggesting that all users of Kaveneys Road and the Barton Highway would be affected.

Council’s Community Consultation DCP stipulates that the immediately surrounding properties be notified as a minimum. However, additional notification was considered warranted having regard to the nature of the proposal and taking into account:

· Experience with other developments

· A preliminary review of the information provided with the application and the nature of the proposed modification

· The requirements of the EP&A Regulation 2000

· Recognising the value of ‘word of mouth’ for public exhibition processes and noting that all Development Applications on public exhibition are placed on Council’s website for public access

· The requirements of the Community Consultation DCP

Notifying all road users who may encounter the development traffic on their travel route would require direct notification to all residents and highway users within the whole road catchment area. Such an approach is impractical if not impossible. The extent of public exhibition is considered to have been sufficient, noting that submissions were still accepted from those not directly notified. It is also worth noting that Boral conducted its own community consultation process prior to lodging the modification application.

7.4 Vehicle Movements

It is highlighted in the submissions that there are inconsistencies with traffic generation figures quoted by the Applicant in their supporting documentation. The Applicant has suggested that this is due to the SEE stating load figures (i.e. in and out = 1), whilst the technical assessments using the number of movements (i.e. in and out = 2). Whilst this principle is noted and accounts for the variation between the figures presented in the SEE and the Traffic Impact Assessment, it does not account for the discrepancy with the figures presented in the Traffic Noise Assessment. This is understood to be because a higher traffic generation was initially estimated in pre-lodgement documentation, with the figures in the noise assessment having higher existing and proposed traffic volumes than those presented in the SEE.

As the Traffic Noise Assessment has been undertaken based on generally higher traffic volumes, it would be reasonably expected that the actual impact would be less based on the lower volumes.

The figures presented in the SEE (which are the more recent traffic estimates) indicate that the number of heavy vehicle movements will increase on average by 24 per operational day, with the proposed daily heavy vehicle movements increasing to an average of 36 but up to a peak of 124, summarised in the table below.

Existing Daily Movements

(Average / Peak)

Proposed Daily Movements

(Average / Peak)

Difference in Daily Movements

(Average / Peak)

Heavy Vehicles

12 / 36

36 / 124

+24 / +88

Light Vehicles

12/12

22/22

+10 / +10

In reality these represent an estimate only, with the exact number of truck movements depending on a number of factors including vehicle combinations and delivery payloads, variations in seasonal demand, and overall output, with the limiting factors being the hours of operation and the maximum output rate.

A traffic count was undertaken by Council between 14 September and 9 October 2018 in response to the Development Application for gully rehabilitation at 354 Kaveneys Road. The relevant counts are presented below:

Location	Date	Average Daily Traffic	Percentage Heavy Vehicles	Number Heavy Vehicles
Kaveneys Road – after Boral Quarry	Sep/Oct 2018	549	29.2%	160
Kaveneys Road – before Boral Quarry	Sep/Oct 2018	715	41.7%	298
Kaveneys Road – before Boral Quarry	Oct 2017	604	27.6%	167
Kaveneys Road – before Boral Quarry	Mar 2016	565	41.7%	236
Kaveneys Road – before Boral Quarry	May 2007	457	25.0%	114

Council resolved to support the proposal at 354 Kaveneys Road, which represents an additional 13% increase in heavy vehicle traffic on the section of road before the Boral site (assuming 20 load/40 movements per day). The gully rehabilitation project and the increase in production at the concrete batching plant would equate to a 21% increase in heavy vehicle traffic on the section of road before the Boral site, based on the average daily movements for the concrete batching plant outlined by the Applicant.

The RMS has indicated that the Barton Highway/Kaveneys Road intersection is suitable for the anticipated increase in traffic but has suggested the inclusion of an operational condition restricting heavy vehicle movements in peak periods and in fog conditions. These are matters that can be taking into account as part of a new Traffic Management Plan (TMP) for the concrete batching plant operations rather than simply applying a maximum number of truck movements per day.

7.5 Road Standards and Safety

The Applicant has provided a TMP which concludes that additional traffic generation, including heavy vehicles, will not cause traffic volumes to increase above the capacity for the current road design per Austroads standards (i.e. between the subject land and the Barton Highway, as well as the Barton Highway intersection treatment).

An assessment of this section of Kaveneys Road has been undertaken by staff and confirmed that the road meets the Austroad design standard and has sufficient capacity, even taking into account additional traffic generation for the gully restoration project at 354 Kaveneys Road. However, a basic right-turn treatment (BAR) into the site and a left turn truck acceleration lane out of the site on Kaveneys Road is required to ensure the safe and efficient movement of heavy vehicles.

The RMS have confirmed the adequacy of the existing Barton Highway intersection treatment with Kaveneys Road subject to an operational TMP which restricts the dispatch of heavy vehicles at peak traffic times and during periods of heavy fog. In this regard, the current 100km/hr speed limit does not need to be reduced.

The TMP to restrict the dispatch of heavy vehicles during peak traffic times and during periods of heavy fog should also be extended to consider school bus times. It is also understood that this is already generally consistent with Boral’s TMP for the quarry operation.

7.6 Road Impacts and Heavy Haulage Contributions

The submissions question the financial cost of heavy haulage on the road network and the opportunity for cost recovery. One submission suggests that approval must not be granted unless it can be demonstrated that road maintenance or upgrade costs will not be at public expense, stating that an estimate on road maintenance costs attributed to the development must be provided in order to determine the proportion that is recoverable under the Contributions Plan and allow for an informed decision to be made.

An estimate of the road maintenance cost attributed to the development is not considered to be necessary for individual applications – whether this be heavy haulage, subdivision or a dual occupancy – as it as it is the Development Contribution Plans that provide the nexus and framework under which contributions can be levied.

The shortcomings of the current Heavy Haulage Section 94 Contribution Plan 2006 have been previously acknowledged and Council determined in November 2018 to publically exhibit a heavy haulage contributions plan. Submissions are currently being considered to ensure that the new plan includes an appropriate rate of contribution for development involving heavy haulage.

However, in this instance there is already a contribution payable under the Development Consent of $0.143 per payload tonne (adjusted to 2018/19) and there has been no request by the Applicant to adjust the contribution being applied. Accordingly any additional haulage is to be paid at the rate specified in the current approval. The condition can be updated however to be an annual payment, rather than a monthly payment, so that it is the same as the payment arrangements per the conditions of the quarry approval.

7.7 Noise

The submissions raise noise and associated impact on rural amenity as a significant concern. Noise associated with the development is contributed to two sources, being operational noise and traffic noise.

7.7.1 Operational

Operational noise occurs from the activities associated with concrete batching as well as activities associated with the quarrying operation, including the use of the crusher. Conditions on the existing Development Consent places limits on the maximum cumulative noise impact (i.e. quarry and concrete batching plant) that must not be exceeded at any residence. These noise limits vary depending on the time of day.

The proposal indicates that all activities on the site would remain as per the current operations. However while the operations would not exceed these limits the frequency in which the limits may be approached would increase.

The impact of existing and future operational noise is raised as a valid planning issue. The submissions raised concern that operational noise assessment had not been undertaken and also questioned why the crushing and screening has not been considered as part of the concrete batching activity. One of the submissions also highlight the EPA requirements of the original approval.

The EPA indicated concern that an operational noise impact assessment had not been undertaken to obtain an indication of current average operational noise impacts. However, the EPA advised that in lieu of a quantitative operational noise impact assessment conditions could be included in any approval that may issue which limit the maximum project intrusiveness noise levels in accordance with the NSW Industrial Noise Policy. Furthermore, the EPA recommended conditions that a post-commissioning acoustic report be provided within three months of commencement. The minimum project intrusiveness noise levels are generally consistent between the NSW Industrial Noise Policy and the conditions already in the Development Consent.

The Applicant was requested to provide an operation noise impact assessment. The Applicant responded by reiterating their earlier point that the existing noise limits would not be exceeded. Boral is prepared to accept a requirement to undertake a further assessment post-commencement which demonstrates that their cumulative operational noise complies with these conditions. This approach is considered to be satisfactory taking into account the recommended conditions from the EPA.

The approved hours of operation of the concrete batching plant are 6:30am to 8:00pm on weekdays and 6:30am to 4:00pm on Saturdays. Whilst it is requested in the submissions that these hours be changed, the conditions of Development Consent already provide maximum cumulative noise impacts which vary on the time of day and it is not considered that there is any basis to change these from existing.

7.7.2 Traffic

Submissions have raised concerns with noise from heavy vehicle traffic generation particularly in relation to that experienced by properties between the subject site and Barton Highway. This has been previously highlighted in the consideration of applications for gully rehabilitation at 332 and 354 Kaveneys Road. The properties between the Barton Highway and the Boral site are subject to the impacts associated with all heavy vehicle traffic entering Kaveneys Road, exacerbated by an incline travelling both east and west near the receivers.

A noise impact assessment in relation to traffic concluded that all sensitive receivers will be subject to noise impacts from traffic generation within acceptable limits. Whilst these conclusions are generally supported, there are some in consistencies within the traffic noise impact assessment that should be suitably addressed prior to any approval being issued:

· The noise impact assessment has been based on higher traffic volumes, both existing and proposed. Whilst it is reasonably expected that the results presented in the noise impact assessment are therefore over-estimates, it would be appropriate that this is corrected and an amended assessment submitted which is consistent with the correct traffic generation figures

· The location of the receiver at 31 Kaveneys Road (receiver R2) is incorrect, with the dwelling depicted having been demolished and another dwelling on the site not depicted. Furthermore, there is a dwelling shown as a receiver at 2132 Barton Highway which was also demolished several years ago. These discrepancies can be addressed in the amended assessment

The December 2018 Council report for gully rehabilitation at 354 Kaveneys Road noted that it would result in additional heavy vehicle traffic not previously considered in Boral’s noise impact assessment. However, it is reasonable to conclude from the traffic noise impact assessment submitted (which overestimates the proposed level of heavy vehicle traffic) that the traffic noise impact will remain within the acceptable limits, even taking into account both developments.

Furthermore, the traffic noise impact assessment has distinguished between acceptable night time and daytime traffic noise impacts and concluded that both with will be within the acceptable limits.

7.8 Dust and Air Quality

Dust has been raised as a concern in the submissions, particularly in relation to the modelling undertaken and the potential for additional impacts. An air quality impact assessment has been submitted which models dust dispersion and generally concludes that the air quality criteria are predicted to be met under a situation of increased production and the differences in the predicted cumulative concentrations at surrounding residences will be minimal.

Dust monitoring performed by Boral at five locations surrounding the site indicates that the annual dust deposition rates at the two closest monitoring locations exceeded the EPA air quality criterion. These two locations however are within the quarry and concrete batching plant sites (i.e. at the northern boundary of the quarry and at the concrete batching plant itself).

The EPA has reviewed the air quality assessment and indicated the approach to the modelling is considered to be suitable. Whilst the conclusions of the air quality assessment suggest that no additional mitigation measures are necessary, the EPA have recommended that Boral undertake solid particle monitoring for the first year of increased production to validate the model. This will need to be in conjunction with an Air Quality Management Plan which details the air monitoring to be undertaken and the reporting regime in accordance with acceptable guidelines. The Applicant has agreed to this requirement and it is considered an appropriate measure to ensure that any air quality impacts are within accepted criterion.

7.9 Water and Groundwater Impacts

Water and groundwater impacts have been raised as a concern in the submissions, including groundwater extraction and the potential for the pollution of waterways.

The concrete batching plant operates in accordance with a Water Management Plan (WMP) which provides for the management and treatment of water on the site, as well as sediment control, to satisfy the requirements of the Protection of the Environment Operations Act 1997. The Applicant has highlighted that Boral adopts a progressive approach to water management assets, constructing or undertaking new infrastructure works as required and reflective of the progression of the quarry.

It is considered that the current WMP appropriately ensures that water and sediment are managed on the site. However, one of the submissions notes the absence of monitoring of water or groundwater beyond the quarry. Whilst this is not necessary as a condition of any approval that may be issued, Boral can be encouraged to consider the opportunity for further downstream monitoring in order to ensure the effectiveness of their WMP.

The submissions also note the potential impact on groundwater, particularly in relation to the extraction and the availability of this resource for other users (i.e. stock and domestic purposes). The Applicant has indicated that groundwater extraction will increase as a result of this proposal, however it will not exceed the existing licence for groundwater extraction issued by the Department of Industry/Natural Resources Access Regulator. It is considered that the groundwater licence is the appropriate mechanism to regulate the extraction of groundwater and the volume under this licence in turn acts as a limiting factor to concrete production.

7.10 Zoning Consistency

It has been suggested that the activity is inconsistent with the zoning. The appropriateness of the concrete batching plant as a land use in a rural area was considered and assessed at the time of the initial Development Application and decision to grant Consent. Whether the activity is consistent with the zone objectives is now a somewhat redundant consideration as approval has been issued and the land use is in operation.

The Local Environmental Plan has changed since the issue of the original approval. The objectives of the current zoning (i.e. RU1 Primary Production) centre upon encouraging uses which relate to primary production and diversity in primary industry, as well as minimising land use conflicts and protecting environmental values.

Extractive industry (including quarrying) is a primary industry activity and consistent with the zone objectives. Concrete batching is a separate industrial activity, however in this instance it is a related activity in that it uses materials from the quarrying operations.

The proposed increase in production at the existing concrete batching plant is not inconsistent with the RU1 Primary Production zone objectives as it does it result in a significant conflict between land uses or have significant environmental impacts which would warrant the application being refused.

It is also important to note that despite any provisions of the LEP, a concrete batching plant is permissible at this site under the provisions of State Environmental Planning Policy (Mining, Petroleum and Extractive Industries) 2007 as it is co-located at the site of the quarry.

8. Conclusion

From the assessment of the proposal and consideration of the issues raised in the submissions, it is recommended that the application to modify the Development Consent be approved, subject to discrepancies with the traffic generation figures and traffic noise impact assessment being suitably addressed, including the traffic volumes and sensitive receiver locations. Draft amended conditions are included as Attachment E.

Strategic Direction

Key Pillar 1. Our Environment

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

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

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

ATTACHMENTS: a. Locality Plan ⇩

b. Statement of Environmental Effects (Under Separate Cover) ⇨

c. Submissions ⇩

d. Applicant Response to Submissions ⇩

e. Draft Amended Conditions ⇩

6.6 Development Consent No 025425B - Concrete Batching Plan - 72 Kaveneys Road, Jeir

Attachment e Draft Amended Conditions

DA02542B - Draft Amended Conditions – 72 Kaveneys Road

1. General Conditions

1.1. All development shall be carried out in accordance with the Statement of Environmental Effects and other supporting documentation submitted in support of the application and endorses with Council’s stamp subject to any modifications that may be required by this consent.

1.2. If at any time the Council is made aware of the occurrence of any environmental impacts as a result of the development that pose a threat to the environment due to the failure of the conditions of this development consent, the Council may Order the applicant to cease the activities causing those impacts.

1.3. Consent for the project to expire once neighbouring quarry (operating under Consent No 5.2006.35.2) ceases operations. (Modified 27 July 2015)

1.4. The date of commencement of the proposed concrete batching plant is to be notified in writing to Council at least two weeks prior to commencement.

1.5. Prior to commencement of any works on site, the applicant shall surrender to the Council Development Consent 214/2000i being for a concrete batching plant, issued on 20 March 2001. The relevant form shall be completed and submitted to the Council.

2. Compliance

2.1. The applicant shall comply with all requirements of the Council in respect of the implementation of the Conditions of this consent, within such time as the Council may agree. If necessary, the Council may Order the applicant to cease work until non-compliance has been addressed.

2.2. The applicant shall ensure that all contractors and subcontractors are aware of, and comply with the Conditions of this consent.

2.3. The applicant shall submit an annual Conditions Compliance Report to the Council annually from the date of commencement detailing compliance with the conditions of this development consent.

3. Environment Protection

3.1. The applicant noting that the approved activity is Integrated Development as defined by Section 91 of the Environmental Planning and Assessment Act 1979. Separate application must be made to, and the approval of the NSW Environment Protection Authority obtained for a licence under Clause 49 Section 1 of the Protection of the Environment Operations Act 1997 prior to commencement of operations. A copy of the Licence shall be submitted to the Council prior commencement of operations.

3.2. All works associated with the development shall be undertaken in accordance with information supplied to the NSW Environment Protection Authority.

3.2.1. The development must be undertaken in accordance with the proposal contained in:

(a) Development Application 425/2002 submitted to Yass Shire Council on 5 September 2002.

(b) The Noise Impact Assessment – Boral Besser Masonry Operations Hall (Richard Heggie and Associates, April 2001) and the noise assessment Relocation of Concrete Batch Plant (Richard Heggie and Associates, November 2002).

Unless otherwise specified in these conditions of development consent

3.2.2. All practicable measures must be taken to prevent and minimise harm to the environment as a result of the construction, operation and, where relevant, the decommissioning of the development.

3.3. Dust and Air Quality

3.3.1. All operations and activities occurring at the premises must be carried out in a manner that will minimise the emission of dust from the premises.

3.3.2. Solid particulate monitoring is to be undertaken at the premises for the first year of operation under this development consent as modified, or as otherwise requested by the consent authority, to validate the modelled air impacts. (Condition Added February 2019)

3.3.3. The results of any air sampling undertaken as part of the air quality management plan must be recorded and produced to any authorised officer of Council or the EPA upon request. (Condition Added February 2019)

3.4. Water

3.4.1. Except as may be expressly provided in the licence, the licensee must comply with Section 120 of the Protection of the Environment Operations Act, 1997 prohibiting the pollution of waters.

3.5. Noise

3.5.1. Noise Level Criteria

Noise emissions from the premises, including the cumulative operational noise of the concrete batch plant and the quarry, must:

(a) Not exceed an L _{Aeq (15 minute)} noise emission criteria of 39dB(A) during the hours of 7.00 am to 6.00 pm Monday to Friday at any residence; and

(b) Not exceed an L _{Aeq (15 minute)}noise emission criteria of 37 dB(A) during the hours of 6.00 pm and 8.00 pm Monday to Friday at any residence; and

(c) Not exceed an L _{Aeq (15 minute)} noise emission criteria of 36 dB(A) during the hours of 6.00 am to 7.00 am Monday to Saturday at any residence;

(d) Not exceed an L _{Aeq (15 minute)} noise emission criteria of 39dB(A) during the hours of 7.00 am to 1.00 pm Saturday at any residence; and

(e) Not exceed an L _{Aeq (15 minute)} noise emission criteria of 36 dB(A) at any residence at all other times.

The noise emissions in (a) to (e) apply for prevailing meteorological conditions (winds up to 3m/s) except under conditions of temperature inversions.

Noise impacts that may be enhanced by temperature inversions must be addressed by:

(a) Documenting noise complaints received to identify any higher level of impacts or patterns of temperature inversions.

(b) Where levels of noise complaints indicate a higher level of impact then actions to quantify and ameliorate any enhanced impacts under conditions of temperature inversion must be developed and implemented.

3.5.2. All works and activities undertaken at the premises must be undertaken in a manner that will minimise noise and vibration impacts on sensitive receivers. (Condition Added February 2019)

3.5.3. A an acoustic report produced by an independent organisation that is eligible for membership with the Association of Australian Acoustic Consultants must be provided to Council within three months of the premises commencing operation under this Development Consent as modified, or as otherwise requested by Council. The report should validate whether the site is operating within the noise level criteria contained in condition 3.5.1 and if not, provide a pathway to ensuring compliance within a timeframe agreed to by Council. (Condition Added February 2019)

3.6. Recording and Reporting Requirements

Recording Requirements

The results of any monitoring required must be recorded and retained as set out in the Environment Protection Licence for the premises.

Reporting Requirements

3.7. The EPA will require reporting on the environmental performance of the proposal as set out in the Environment Protection Licence for the premises.

4. Hours of Operation

4.1. The approved hours of operation for the concrete batching plant are:

6:30am to 8:00pm – Weekdays

6:30am to 4:00pm – Saturdays

The concrete batching plant shall not operate on Sundays or Public Holidays.

4.2. The hours of operation specified in Condition 4.1 may be varied with the written consent of the Council, only if the Council is satisfied that the amenity of residents within the locality will not be significantly impacted.

5. Limits on Production

5.1. Production of concrete from the proposed batch plant shall not exceed 37,500 tonnes per annum of concrete in any calendar year. (Unit of measurement updated from m³ to tpa February 2019)

5.2. Production of concrete may be increased from 37,500 tonnes per annum to 125,000 tonnes per annum after Conditions 5.2.1 to 5.2.3. (inclusive) are satisfied: (Conditions Added February 2019)

5.2.1. The applicant shall prepare and submit to Council an Air Quality Management Plan (AQMP) that details an appropriate air monitoring and reporting regime, with reference to Ambient Air-NEPM (NEPC, 2003) advisory reporting standards for particulate matter. The AQMP must include an assessment of the need for site-specific meteorological monitoring and a commitment to publishing all monitoring results to the organisation’s website as soon as possible.

5.2.2. The applicant shall prepare and submit a Traffic Management Plan to the satisfaction of Council and the Roads & Maritime Service which, as a minimum:

· Restricts the dispatch of heavy vehicle traffic from the concrete batching plant during peak traffic periods and school bus times.

· Restricts the dispatch of heavy vehicle traffic from the concrete batching plant during periods of adverse weather, including heavy fog.

The Traffic Management Plan should be generally consistent with the traffic management plan for the quarry operation.

The Traffic Management Plan must be implemented for the lifetime of the concrete batching plant operation.

5.2.3. A BAR right turn treatment shall be constructed on Kaveneys Road at the intersection with the subject site in accordance with Council’s Road Standards Policy RD-POL-9 and Austroads.

Prior to the Issue of Engineering Construction Certificate

(a) 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.

(b) Prior to the issue of an Engineering Construction Certificate, engineering drawings associated with the construction of BAR right turn treatment on Kaveneys Road shall be submitted to Council for approval in accordance with Council’s Roads Standards Policy RD-Pol-09 and Austroad standards.

The storage length shall be appropriate for the number and type of vehicles likely to be queuing to turning into the site.

(c) Prior to the issue of an Engineering Construction Certificate, engineering drawings associated with the construction of left turn truck acceleration lane on Kaveneys Road shall be submitted to Council for approval in accordance with Council’s Roads Standards Policy RD-Pol-09 and Austroad standards.

Prior to Commencement of Works

(a) 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;

(b) A Soil and Water Management Plan shall be submitted to Council’s Engineering Department for approval in accordance with Council’s Design and Construction Specification – Ausspec#1. The plan shall include construction techniques to minimise site disturbance and the potential for soil erosion by wind or water, erosion control on any watercourse on the property, revegetation of disturbed areas and any other matters that are deemed necessary by Council.

Note: An indicative plan may be prepared to complement the design plans, however, the final plan for approval shall be prepared in consultation with the construction contractor;

Engineering Compliance Inspections

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

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

(ii) Completion of base course pavement layer (proof roll);

(iii) Completion;

(b) 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;

6. Environmental Management

6.1. Environmental Management Plans that are required to be prepared as Conditions of this Consent shall be revised every three years or as otherwise directed by the Council. The plans will reflect changing environmental requirements or changes in technology/operational practices.

6.2. The applicant shall prepare an Erosion and Sediment Control Plan for the proposed development in consultation with the NSW Department of Land and Water Conservation and submit the plan for the approval of the Council. The Plan shall be prepared and implemented prior to commencement of operations on site.

6.3. The applicant shall not allow any discharge of run-off off the site.

6.4. The applicant shall consult with the NSW Department of Land and Water Conservation in relation to any dam construction proposed or required by this consent.

7. Bushfire and Other Fire Controls

7.1. The applicant shall:

(a) Provide adequate fire protection works including ensuring the availability of trained personnel, water truck and firefighting equipment.

(b) Carry out annual hazard reduction measures with particular attention to boundaries of adjoining landholdings.

8. Land Management

8.1. The applicant shall regularly consult with adjoining property owners to ensure property management issues including maintenance of common fences, weed control measures, and bushfire management are coordinated.

8.2. Within six months of commencement of operations, the applicant shall prepare a Land Management Plan for the site in consultation with the NSW Department of Land and

Water Conservation and Council to provide for proper land management. The plan shall include, but not be limited to:

(a) Pastures and remnant vegetation management.

(b) Prevention and rehabilitation of land degradation.

(d) Feral animal control.

8.3. The applicant shall prepare a Weed Control Plan in consultation with Council that includes but is not limited to:

(a) Identification of noxious weeds present on the land the subject of the application.

(b) Appropriate weed management measures to be implemented.

8.4. Weed control shall be maintained in accordance with the approved Weed Control Plan.

9. Water Management and Monitoring

9.1. Within six months from the commencement of operations, the applicant shall prepare a Water Management Plan for the approval of the Council. All works shall comply with the provisions of the approved Water Management Plan.

9.2. The works associated with the proposed development shall not damage or interfere in any way with:

(a) Vegetation outside of the area of operation.

(b) The stability of adjacent or nearby streams.

9.3. All stormwater quality management controls installed at the premises, during both construction and operation, must be inspected: (Condition Added February 2019)

(a) Regularly during normal construction hours

(b) Daily during rainfall events; and

9.4. The operator must keep written records of all observations and actions made in relation to stormwater quality management control inspection, including any works undertaken to repair and/or maintain stormwater management controls. (Condition Added February 2019)

10. Management of Waste, Hazardous Material and Dangerous Goods & Chemicals (Section Renamed February 2019)

10.1. Bund(s)s must be installed around areas in which fuels, oils, and chemicals are stored. Bund(s) must:

(a) Have walls and floors constructed of impervious material.

(b) Be of sufficient capacity to contain 110% of the volume of any tank.

(d) Have floors graded to a collection sump.

(e) Not have a drain valve incorporated in the bund structure.

10.2. The operator must assess, classify and management any liquid and/or non-liquid waste generated and/or stored at the premises in accordance with the EPA’s Waste Classification Guidelines in force from time to time. (Condition Added February 2019)

10.3. The proponent must ensure the collection, storage and disposal of waste at the premises does not pollute waters. (Condition Added February 2019)

10.4. The proponent must ensure that environmental risks associated with the storage, processing and handling of hazardous materials and dangerous goods are minimised. Storage and handling of any dangerous goods must be undertaken in accordance with the most up-to-date version of The Storage and Handling of Dangerous Goods Code of Practice. (Condition Added February 2019)

10.5. The type, quantity and location of all dangerous goods, chemicals and waste should be easily identified by site personnel and include in relevant environmental management plans/documentation for the premises. (Condition Added February 2019)

10.6. The proponent must develop and implement effective controls for the storage, processing and handling of materials at the premises. These controls should include operating and maintaining bunds or spill containment systems where necessary to minimise the risk of pollution from potential spills and leaks. (Condition Added February 2019)

11. Traffic Management

11.1. The proposed concrete batching plant will have an impact on Kaveneys Road to the extent that additional traffic movements required as a result of not only the export of readymixed concrete but also the importation of cement, sand and admixtures. To this end Council will require the applicant to provide monthly activity statements detailing the inwards and outwards movements of readymixed concrete, sand, cement and admixtures. Furthermore, these movements shall be added to the overall tonnages of material leaving the quarry such that the total aggregated tonnage of material is no more than the maximum permitted under Development Consent No. 94/29 as modified, that being 500,000 tonnes. (Condition Updated February 2019)

11.2. The applicant shall pay or procure payment to the Council of a contribution under Section 94 of the Environmental Planning and Assessment Act, 1979 in respect of road maintenance at the rate of 14.30 cents per payload tonne and in respect of the said contribution the following provisions shall apply: (Condition and Amount Updated to 2018/2019 Rate February 2019)

(i) The said contribution will be calculated and paid annually (at the end of financial year);

(ii) For haulage extending beyond June 2019, the said contribution will be indexed annually in accordance with the annual CPI changes in Canberra Region, applicable to each year ending 30^th June, for the duration of the haulage period and (b) the said adjustment to the contributions shall take effect from and including July each year, for the duration of the haulage period;

(iii) Within ten (10) days of the end of each financial year of road haulage of the materials the applicant shall have delivered to Council a true certified copy of weighbridge or other returns or records showing the true quantities of materials transported from the quarry during the immediately preceding quarter and pay to the Council the appropriate contribution in accordance with sub-paragraphs (i) and (ii).

If Council considers that further moneys are due under sub-paragraphs (i) and (ii) then Council may notify the applicant of the amount payable and the applicant shall pay that amount to the Council within 14 days of receipt by the applicant of the notice;

(iv) The Council has the right to inspect and to make copies of the original records relating to any of the extracted material, including numbers and types of laden trucks and trailers, load quantities and destinations transported from the quarry audited by any person nominated by its internal accountant at any time as and when such person may by written request so require. The applicant shall provide to the Council all the information which the Council considers it requires to accurately calculate the contribution due to it under this condition within seven (7) days (or longer period allowed by Council) of being requested;

11.3. The following road haulage conditions shall apply:

(a) All agitator trucks shall be loaded such that no spillage occurs when ascending the steeper grades of Kaveneys Road or attempting normal cornering manoeuvres. Any spillage’s are to be removed from the road surface prior to the cessation of work at the plant on the day the spillage occurs if not sooner;

(b) At no time shall any vehicles leave the site with a load giving it a gross tonnage in excess of the absolute maximum permitted by the NSW Roads and Traffic Authority;

(c) Convoying of agitator trucks shall be avoided with at least 3 minutes separation between each loaded vehicle leaving the batching plant.

(d) Road haulage shall be undertaken in accordance with any Traffic Management Plan required by the conditions of this Development Consent as modified. (Condition Modified February 2019).

11.4. Due to the proposed usage of B-Doubles to transport materials to the batching plant, the intersection of Kaveneys Rd and the Barton Highway is required to be upgraded to ensure that vehicles entering and exiting Kaveneys Road do so wholly within the correct lanes and at the maximum angle of 70 degrees to the highway. In this regard raised medians are to be constructed on the existing islands at the intersection including any and all linemarking, sign

posting as set out in Austroads – Guide to Traffic Engineering Practice – Intersections at Grade, and the requirements of the NSW Roads and Traffic Authority.

At the time of lodgement of the engineering plans for approval, pay to Council road inspection/plan checking fees as detailed in Council’s Management Plan relevant at the time of constructing the proposed intersection works.

12. Statutory Requirements

12.1 The applicant shall ensure that all statutory requirements including but not limited to those set down by the Local Government Act 1993, Protection of the Environment Operations Act 1997, Rivers and Foreshores Improvement Act 1948, Water Act 1912, National Parks & Wildlife Act 1974, and all other relevant legislation, Regulations, Australian Standards, Codes, Guidelines and Notices, Conditions, Directions, Notices and Requirements issued pursuant to statutory powers by the Council, NSW Environment Protection Authority, NSW National Parks and Wildlife Service, NSW Department of Land and Water Conservation, NSW Agriculture or NSW Fisheries, are fully met.

Ordinary Council Meeting 27 February 2019

7.2 Water Quality – Yass Treatment Plant

SUMMARY

This Report has been prepared to inform Council on the actions currently being taken to address discolouration issues being experienced in the supply of potable water from the Yass Water Treatment Plant to the local community.

RECOMMENDATION

That Council:

1. Continues to advise the community that the water supplied by the Yass Water Treatment Plant meets the health requirements of the Australian Drinking Water Guidelines.

2. Acknowledges the concerns raised by the community in regards to the aesthetic quality of the water.

3. Continues to explore options to improve the quality of water delivered to its customers.

4. Continues to explore grant funding opportunities to upgrade the existing filtration systems at the Yass Water Treatment Plant.

Financial IMPLICATIONS

In December 2018 Council accepted a fully funded $1.2M grant from the State Government’s Housing Acceleration Fund (HAF) following a number grant submissions being prepared by Council over the past 2 years to various State and Federal funding sources.

This successful grant was to undertake the final design and business case for an upgrade/duplication of the existing Yass Valley Water Treatment Plant (the ‘Treatment Plant’) as the first stage of a wider $10M construction application. While these additional funds were not guaranteed at the time, strong indication was that subject to competing priorities across NSW, Council was strongly placed to receive further funding for completion of the treatment Plant works.

It is noted that both major political parties have recently announced varying funding models to assist Council to construct any proposed treatment plant following the completion of the final design and business case currently underway.

Should Council consider independently funding the upgrade works required to the Treatment Plant, the following should be taken into consideration:

· The water availability charge is proposed to raise $1,7300,000 in 2019/20;

· Funds expended in the water area are only recovered from users of the service;

· The number of households currently paying the availability charge is approximately 3,604, including the addition of users at Murrumbateman;

· The annual payments on borrowings of $11M (current estimate for the proposed upgrade) at 4.41% over 20 years is approximately $840,000;

· The repayments would be an increase to the availability charge to $480 per year (49% increase or $235 per household per year).

POlicy & Legislation

Local Government Act 1993

Australian Drinking Water Guidelines

REPORT

1. Background

The current Yass Water Treatment Plant was constructed in 1990, replacing an older plant built in the 1920’s. The dam wall was raised in 2013 to increase the capacity of the dam from 860ML to 2,465ML. At the time the dam was not dredged to remove any sediment on the floor of the dam. Based on current NSW State average water consumption is 200kL/connection/year. On current average usage and current rainfall patterns the dam is expected to provide sufficient water for the existing users.

The addition of 1,000 connections in Murrumbateman as a result of the completion of the Yass to Murrumbateman pipeline in March 2020 is not expected to reduce the water availability from the Yass Dam. While completion of the Treatment Plant works may result in a slight increase in water consumption (currently averaging 195kL/connection/annum) it is not expected to increase significantly so as to compromise the water supply from the Dam, given that such demand is price sensitive and such demand increase can be controlled by appropriate levels of water pricing.

In late December 2018 Council experienced a breakage in a dosing line at the Yass Water Treatment Plant. This followed a prolonged dry conditions experienced across the Yass Dam catchment area in 2017-18 and a single significant rainfall event in mid-December 2018.

The combination of these weather conditions caused a significant increase in pH levels until mid-December 2018 and a significant drop in pH levels following the rainfall event. Following the repair of the dosing line water quality began to improve however hot weather that prevailed in January 2019 resulted in an increased in the Yass Dam water and release of iron, manganese and organic matter.

Council measures (and reports) operational water quality indicators in line with the Australian Drinking Water Guidelines (ADWG); measuring both health (Chlorine and Manganese) and aesthetic qualities (pH, Colour and Turbidity). While Council continues to meet the health qualities (indicating the water is safe to drink), colour continues to exceed (not meet) the aesthetic qualities.

Recent discolouration, taste and odour issues associated with the supply of water from the Yass Water Treatment Plant have been raised across a number of media streams over the past month and with Council through its Customer Service mechanism.

2. What is currently happening

2.1 Prevailing Weather Conditions

The Yass Water Treatment Plant draws its water from the Yass Dam. As with any body of ‘still’ water, ambient temperatures have an effect on the temperature of the water itself. However with larger bodies of water, the effect of daily temperature changes is only felt in the upper portions of the water. Deeper water generally stays at a reasonably constant ‘cooler’ temperature under ‘normal’ varying air temperature conditions, while these variations allows the upper portion of the water to heat and cool.

Where the air temperature remains high for prolonged periods of time, a greater depth of the upper portion of the water increases in temperature and takes longer to cool down when air temperature does reduce. This heating of the water body assists in the release of mineral elements naturally present in the water, the effect of which is largely dependent on the nature of the minerals present.

The prolonged dry conditions experienced across the Yass Dam catchment area in 2017-18 caused a significant increase in pH levels. While this level dropped as a result of ‘cooler fresh’ water entering the dam as a result of rainfall, the hot weather that prevailed in January 2019 resulted in an increase to release of minerals from the sediments in the Yass Dam.

The Bureau of Meteorology has indicated that such weather patterns are likely to be more frequent in the future and likely to result in such water quality events being more frequent.

It is noted that a number of small communities that rely on extraction from still water bodies and not flowing riverine systems are experiencing similar situations where there have been extended patterns of low rainfall and high prolonged temperatures.

2.2 Customer Issues

Generally, in areas of high naturally occurring dissolved water-born manganese and iron, oxidisation of these minerals causes discolouration of water and an unpleasant odour. While not a health issue, the presence of such odours is unpleasant and gives rise to customer complaints.

Since 26 December 2018 Council has received a significant number of complaints from residents, either directly or through social media. In context Council had only received 16 similar water related complaints between December 2016 and December 2018. Records prior to 2016 are not available at time of writing.

While generally occurring in the ‘older’ areas of ‘north Yass’, the random nature of the water quality complaints received leads to a high level of unpredictability of complaint locations.

Older existing galvanised iron pipework in households is also likely to react with the chemicals within the water, resulting in higher than normal discolouration of water. Where such pipework is identified, residents are advised to consider alternative filtration of their water at their taps or replacement of existing pipework with ‘copper’ piping if practical.

Investigations are continuing into the possible supply of a natural acid-based stain remover powder to residents effected by the use of discoloured water in their fabric washing process. Such powders are currently supplied by other Councils who are experiencing similar water discolouration from iron and manganese in their potable water supply.

3. What is being done now

3.1 Operational Measures

Council undertakes annual flushing of its water mains, especially of those mains where usage is low, to remove built up deposits in the main lines. Council does not flush lines leading into customer properties.

In response to complaints to water quality concerns, Council staff undertake flushing of the adjacent water main. This has generally provided localised resolution to the issue. However as water passes through the system issues may arise in other locations along the main in question. Council has recently also taken water samples where complaints arise to record the water quality before and after such operations.

In conjunction with testing at the Treatment Plant, Council tests water at nine (9) other locations across the Yass water supply network. As low volume water usage generally provide the highest concerns in regards to water health, these locations are generally where water usage is low to ensure that water continues to meet the health requirements under the ADWG.

Replacement of existing galvanised iron water service pipes to customer properties (the pipe between the main and the water meter) is being undertaken under ongoing operational programs as these pipes are identified.

Currently Council has ten (10) above ground reservoirs across the Yass water supply network and a further two (2) will come on line following completion of the Yass –Murrumbateman pipeline project.

Investigations are also underway as to whether the use of transfer mains between the WTP and the aboveground reservoirs as distribution mains may be contributing to the random nature of high discolouration along those areas directly adjacent to these lines. Generally water transfer mains are designed to be separate, stand-alone distribution mains so that issues associated with water transfer are separated from water supply. It is unclear why this particular dual use is in place but it is understood to have been a financial decision at the time.

However a recent discolouration event on the eve of 17 February 2019 coincided with an extended 6hr automated filling of the Morton Avenue Low Level reservoir. Changes to the automated systems used in the transfer of water from the WTP to the aboveground reservoirs are being investigated to determine if these can be programmed to occur overnight (late) or what physical changes may be required (and timeframes) to make these changes.

Regular twice weekly flushing of the trunk mains in DeMestre Street (WTP to Morton Avenue) and Pollux Street (being the trunk main between the WTP and the Shantalla reservoir) is planned in the interim to try to remove any build-up of material in these trunk mains and reduce any disturbance caused by the automated filling of these reservoirs. Discolouration of the water along these mains may occur during this process, as is normal during the flushing process.

3.2 Treatment Plant Measures

Anecdotal evidence indicates that Yass has always had issues surrounding the ‘quality’ of its potable water.

Following the repair of the dosing line in December 2018, Council has continually monitored and adjusted chemicals added to the raw water from the Yass Dam to ‘re-balance’ the chemical nature of the potable water supply. While this has been successful in ensuring that the water remains safe to drink, it has not addressed the aesthetic qualities; noting that these issues appear to have remained since the original construction of the plant itself.

Council has also sought independent advice from the Department of Primary Industries in order to resolve the current issues. The Department suggested the following actions:

· Increasing oxygen levels in the Yass Dam through bubble aeration.

· Dredging sediment near the inlet cone.

Council has also:

· Cleaned the filter sand beds at the Treatment Plant to remove build-up of residual manganese from the filter beds.

· Operationalised the Powdered Activated Carbon Dosing Unit, providing another option for decreasing odour and taste in the treated water.

Council has also investigated the following options:

· ‘Ice pigging’ or descaling of the water mains throughout the town, however this will cause a spike in water discolouration during this process.

· Portable carbon filtration system units to provide an additional filtration process to already treat water. However at a cost of $300,000 each (of which up to 9 would be required to meet water consumption requirements) and an annual operational cost of $100,000 per unit, this option is not considered financially feasible

The application of each of these measures take some time to impact on the odour and taste issue being experienced as it may be a combination of measures that provide the biggest impact; if at all.

3.3 Communications

Council continues to monitor and report water quality testing on its website along with broader communiqués around the steps being taken to address this matter both short term and longer term.

4. Interim Measures

Water at the Water Plant’s ‘post-treatment’ filter, immediately prior to the addition of secondary chloride, soda ash and fluoride treatment appears ‘clear’. This water is then pumped from the ‘clear water’ storage tank to reservoir prior to distribution to the supply network.

Dissolved water-born minerals remain in the post treatment water supply and it is these elements that continue to react, creating the issues being experienced in the supply.

A number of interim measures have been considered but discounted due to immediate and/or ongoing cost implications for water users.

The water continues to be tested daily and continued management of chemical dosing is being undertaken to ensure that Council continues to comply with ADWG from an aesthetic point of view.

5. Long Term measures

Council has been successful in securing funding from the NSW Government to design an upgrade to the existing Yass Water Treatment Plant to allow this facility to provide water to Murrumbateman. An Expression of Interest has been advertised nationally to commence this process in line with the funding agreements requirements. The design for this upgrade is currently programmed for completion in mid-2020. Construction and commissioning of such a facility is likely to take a further 18 months (i.e. end of 2021) should funding be available.

This new facility is not proposed to replace, but compliment, the existing Treatment Plant. Inspection and remedial work in the existing Treatment Plant is not possible until the upgrade (second separate treatment plant) is complete and the existing plant taken off-line.

Should Council consider independently funding the upgrade works required to the Treatment Plant, the following should be taken into consideration:

· The water availability charge is proposed to raise $1,7300,000 in 2019/20;

· Funds expended in the water area are only recovered from users of the service;

· The number of households currently paying the availability charge is approximately 3604, including the addition of users at Murrumbateman;

· The annual payments on borrowings of $11M (current estimate for the proposed upgrade) at 4.41% over 20 years is approximately $840,000;

· The repayments would be an increase to the availability charge to $480 per year (up by 49% or $235 per household per year).

6. Summary

The ongoing water quality issues currently being experienced at the Yass Treatment Plant appear not be as a result of the breakage in the dosing pipe experienced in late 2018, but coincidental to the impact the prevailing weather conditions experienced in the Yass Dam catchment area over the last 2 years.

While a number of customers have called on Council to provide at house filtration systems this proposal is not considered to provide a long term solution to the issues surrounding the provision of water to Yass and surrounding areas.

While it is likely that pre-December 2018 water quality conditions will return as the weather conditions cool, longstanding concerns over taste, colour and odour are likely to remain.

With the Bureau of Meteorology indicating that such weather patterns are likely to be more frequent, upgrading of the existing filtration systems at the existing Yass Water Treatment Plant, coupled with an increase in capacity to service Murrumbateman, is proposed subject to suitable funding being made available through appropriate grant funding streams.

Strategic Direction

Key Pillar 4. Our Infrastructure

CSP Strategy IN5 - Ensure high quality water supply options for the towns in the region

Delivery Program Action IN5.1 - Council to supply quality water, cater for growth and quality enhancements that addresses the community needs

Operational Plan Activity IN5.1.1 - Council to supply quality water, cater for growth and quality enhancements that addresses the community needs

ATTACHMENTS: Nil

Ordinary Council Meeting 27 February 2019

9.1 Review and Update of Strategic Risk Register

SUMMARY

Council is currently reviewing and updating its Strategic and Operational Risk Registers in accordance with PM-POL-7 Risk Management in preparation for the development of a new risk-based Internal Audit Plan in the first half of the 2019 calendar year.

In addition to providing an update on Enterprise Risk Management activity within Council, this report presents the Draft Strategic Risk Register for review and update by Councillors as part of that process.

RECOMMENDATION

1. That Council receives and notes the report; and

2. That the Executive Management Team notes and gives effect to all amendments to the Draft Strategic Risk Register incorporated by Councillors.

Financial IMPLICATIONS

Not applicable.

POlicy & Legislation

Local Government Act (1993)
Local Government (General) Regulation (2005)
RM-POL-7 Risk Management
Audit Risk and Improvement Committee Charter
Internal Audit Charter

REPORT

An updated Internal Audit Program is to be developed during the first half of calendar 2019, in accordance with Council’s Internal Audit Charter.

Consistent with the Institute of Internal Auditors in Australia’s International Professional Practices Framework (IPPF), the Internal Audit Program will be risk-based. The Executive Management Team (EMT), Internal Audit, The Audit, Risk and Improvement Committee (ARIC) and ultimately Council should all have a clear understanding of the organisation's strategic and operational plans, how they are executed, the associated risks, and how these risks are being managed.

Council’s position on the status of strategic and operational risks is documented in the respective Strategic and Operational Risk Registers.

These registers should, ideally be used as a foundational element when developing the risk-based audit plan.

When the current Internal Auditor commenced duties with Council in mid-October 2018, a review of Council’s Risk Registers indicated that the implementation of RM-POL-7 was incomplete. Internal Audit determined that further work would be required before a risk-based Internal Audit Plan could be practically achieved.

In discussions with the General Manager it was indicated that a review and update of the Risk Management framework, including the Strategic and Operational Risk Registers, was a priority focus for Internal Audit and Council management.

This report provides the current status of the review and update of Council’s Strategic and Operational Risk Registers and sets out the next steps in that undertaking.

1. Risk Management Framework

1.1 Risk Management Policy

Central to Council’s Risk Management Framework is RM-POL-7 Risk Management Policy.

Council uses a ‘Combined Assurance – 3 Lines of Defence’ model to define their assurance environment:

· The 1st Line of Defence originates or initiates risk, and is responsible for managing the risks and having in place mechanisms to demonstrate controls are working effectively.

· The 2nd Line of Defence monitors, reviews and tests effectiveness of 1st Line control and management of risks.

· The 3rd Line of Defence independently evaluates and gives an opinion on the adequacy and effectiveness of both 1st Line and 2nd Line risk management approaches.

At Council this can be illustrated as:

From an Internal Audit perspective, the policy is adequate and appropriate to the organisation’s scale and operations and is consistent with ISO 31000:2018 Managing Risk simplified guidelines if properly and fully implemented.

1.2 Risk Management Maturity

In the words of RM-POL-7, “Risk management is a systematic process that involves:

· establishing the context of risk management,

· identifying risks,

· analysing risks,

· treating risks,

· periodic monitoring and communications”

Internal Audit’s observations from this review have been that risk management processes are not fully functioning systematically within Council.

It is evident from the review of the risk registers that in the last five years or more, enterprise risk management effort within Council has not advanced beyond identification and analysis of risk. In particular, actions for treatment, periodic monitoring and review and communication of risk have managed to bypass the attention of every “Line of Defence”.

The result is that Council has, at best, an emerging understanding of its risk environment. Accordingly it will not be satisfactory to place full reliance upon Council’s risk assessments in the immediate short-term for the development of risk-based Internal Audit plans.

2. Recent Actions & Next Steps

2.1 Strategic Risk Register Reviews

2.1.1 Review by Executive Management Team

With the direction and support of the General Manager, Internal Audit reviewed the Strategic Risk Register, incorporating additional Strategic risks, modifying some of the narrative and then discussing the register in detail with the EMT.

The comments of the EMT were noted in separate columns of the attached Strategic Risk Register. Changes to the Strategic Risk Register since it was last perused by Council are in red type.

2.1.2 Review by Audit Risk & Improvement Committee

The Strategic Risk Register was tabled at ARIC for notation and comment prior to allocation to Risk owners for analysis and the development of Risk Treatment Plans.

2.1.3 Review by Council

The Strategic Risk Register will also undergo review and update by Council prior to allocation to Risk owners for analysis and the development of Risk Treatment Plans which will be reviewed by EMT and ARIC before returning to Council.

2.2 Operational Risk Register Reviews

2.2.1 Review by Executive Management Team

With the direction and support of the General Manager, Internal Audit reviewed the Operational Risk Register, additional risks, modifying some of the narrative and then discussing the register in detail with the EMT.

2.2.2 Review by Audit Risk & Improvement Committee

The Operational Risk Register was tabled at ARIC for notation and comment prior to allocation to Risk owners for analysis and the development of Risk Treatment Plans which will be presented at an upcoming ARIC meeting.

2.2.3 Allocation to Risk Owners For Risk Analysis & Risk Treatment Plans

This stage of the work is a critical stage in the maturation of risk management practise and culture at Council. In lieu of making recommendations for adoption by EMT and ARIC it was determined by the EMT that immediate action would be taken to continue implementation of the Risk Management Framework as set out below.

Delegating accountability to middle-layer management for the preparation of risk analysis and Risk Treatment Plans will be supported by facilitated strategic and operational risk assessment workshops and one to one assistance from the Internal Auditor. Additional support will also be available from the Directors and General Manager to support the Managers preparing their Risk Action Plans.

The Risk Action Plans should map out immediate and urgent opportunities (< 1 year) for control improvements as well as plans for what can be achieved to cost-effectively improve our risk profile over the next 1-3 years.

The Risk Action plans will inform operational plans, strategic plans, resource plans and budgeting processes in addition to their contribution to Council’s Risk Management Framework and improvement of Council’s internal control environment.

The reporting of updated Risk Registers and accompanying Risk Action Plans alongside Strategic Risks will be an expected deliverable future meetings of the ARIC.

Strategic Direction

Key Pillar 5. Our Civic Leadership

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

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

Operational Plan Activity CL1.3.2 - Manage Council's risks

ATTACHMENTS: a. Strategic Risk Register - Councillor Workshop Summary ⇩

b. Draft Strategic Risk Register - Complete Spreadsheet ⇩

Funding Source	Value
Community Sport Infrastructure Grant	$500,000.00
Council	$50,000.00
Sports Users Contributions	$18,000.00
Total Project Value	$568,000.00

Tendering Organisation	Attended Pre-Tender Meeting
Develin Engineering	NA
Earth Plant Hire Pty Ltd	NA
Macarthur Gas Pty Ltd	NA
Martin Unit Trust	NA

	Rates and Charges Levied (includes interest)	Paid 1 July to 31 December	Balance Outstanding	% Paid 1 July to 31 December
Arrears to 30/6/2018	$559,428.67	$98,214.09	$461,214.58	17.56
Current Years Rates and Charges billed since 1/7/18	$16,558,376.08	$8,493,908.86	$8,064,467.22	51.30
TOTALS	$17,117,804.75	$8,592,122.95	$8,525,681.80	50.19

Year	No of Assessments	Amount
2004/2005	1	$201.52
2005/2006	1	$309.09
2006/2007	1	$342.02
2007/2008	1	$437.26
2008/2009	5	$2,791.12
2009/2010	5	$3,497.44
2010/2011	5	$3,408.90
2011/2012	6	$4,366.34
2012/2013	6	$6,547.15
2013/2014	9	$8,952.85
2014/2015	12	$19,862.87
2015/2016	19	$23,794.24
2016/2017	49	$53,443.59
2017/2018	432	$333,260.19
	TOTAL	$461,214.58

	Rates and Charges Levied (includes interest)	Paid 1 July to 31 December	Balance Outstanding	% Paid 1 July to 31 Dec	% Rates & Charges Outstanding as of 30 June *	OLG Bench mark
1/7/15 – 30/6/16	$13,009,262.56	$7,250,818.92	$5,758,443.64	55.74%	5.75%	10.00%
1/7/16 – 30/6/17	$14,199,906.83	$7,859,115.68	$6,340,791.15	55.35%	4.02%	10.00%
1/7/17 – 30/6/18	$15,298,237.70	$8,322,210.22	$6,976,027.48	54.40%	4.07%	10.00%
1/7/18 – 30/6/19	$16,558,376.08	$8,493,908.86	$8,064,467.22	51.30%		10.00%

S&P Rating (or equivalent)	Exposure	Maximum % Invested per Policy
A1+/AAA	Nil	100%
A1/AA	83.22%	100%
A2/A	Nil	60%
A3/BBB	7.79%	30%
N/A	8.99%	Note 1

Institution	S&P Rating (or equiv)	Exposure	Max Exposure per Policy
NAB	A1/AA	30.96%	50%
IMB	A3	7.79%	30%
CBA	A1/AA	37.26%	50%
WBC	A1/AA	15.00%	50%
TCorp	N/A	8.99%	Note 1 above