Agenda of Ordinary Council Meeting

Ordinary Meeting of Council

A G E N D A

Open Forum Page No.

1. Prayer

2. Apologies

3. Declaration of Pecuniary Interests/Special Disclosures

4. Confirmation of Minutes

Minutes of Ordinary Council Meeting held on 24 April 2019................................................... 5

5. Mayoral Minute

5.1 Emergency Services Levy Increase....................................................................................... 13

6. Director of Planning Reports

6.1 Yass Valley Settlement Strategy........................................................................................... 14

6.2 Housing Forum................................................................................................................... 19

6.3 Proposed Public Art Work - Alf Fletcher Park, Yass................................................................ 21

6.4 Development Application No. DA180110 - Subdivision, 25 Lute Street, Gundaroo.................. 34

6.5 Development Application No DA190007 - Alterations & Additions, Yass Soldiers Club. 86 Meehan Street, Yass........................................................................................................................ 80

6.6 Development Application No. DA190011 - Residential Subdivision - 4056 & 4078 Gundaroo Road, Gundaroo........................................................................................................................... 92

7. Director of Engineering Reports

7.1 Tender Evaluation - YVC/BS/02.2019 - Operating lease for Domestic Waste Collection vehicles 102

7.2 Proposed Walking and Cycle Shared Pathway, Binalong...................................................... 104

7.3 Proposed Lighting Upgrade - Murrumbateman Tennis Courts.............................................. 119

8. Director of Finance & Corporate Reports

8.1 2019/20 Operational Plan (including Making of the Rates).................................................. 129

8.2 Investment and Borrowings Report.................................................................................... 144

8.3 3rd Quarter Budget Review............................................................................................... 149

9. General Manager Reports

9.1 Yass Public School - Car Park Petition................................................................................. 170

9.2 Water Petition.................................................................................................................. 171

9.3 CA-POL-3 Live Streaming of Council Meetings Policy........................................................... 173

9.4 Draft Minutes Audit, Risk and Improvement Committee Extraordinary Meeting................... 178

10. Notice of Motion

Nil

11. Questions with Notice

Nil

12. Minutes and Recommendations of Council Committees

12.1 Minutes of the Local Emergency Management Committee and Rescue Committee meetings 179

12.2 Minutes of the Bango Wind Farm Community Consultative Committee held on 16 April 2019 192

12.3 Minutes of the Aboriginal ConsultativeCommittee held on 19 March 2019.......................... 197

12.4 Minutes of the Traffic Management Committee held on 1 May 2019................................... 202

13. Confidential Matters.................................................................................................... 208

The following matters are classified as CONFIDENTIAL and will be considered in the Closed Meeting of Council in accordance with Section 10A(2) as they deal with commercial, personnel and legal matters:

13.1 Minutes of the Extraordinary Audit, Risk and Improvement Committee Meeting held on 15 May 2019................................................................................................................................ 208

13.2 Tender Evaluation - YVC/BS/02.2019 - Operating lease for Domestic Waste Collection vehicles 208

Close of Meeting Time

GENERAL MANAGER

YVC_logo_test_transparent

Minutes of the

Ordinary Meeting of Council

Wednesday 24 April 2019

4.00pm

Council Chambers
209 Comur Street, Yass

Table of Contents

1. Prayer. 2

2. Apologies. 2

3. Declaration of Interest/Disclosures. 2

4. Confirmation of Minutes. 3

5. Mayoral Minute. 3

6. Director of Planning Reports. 3

6.1 Public Art Committee. 3

6.2 International Relationships Policy. 4

6.3 On-Site Sewage Managment Systems Strategy. 4

6.4 Planning Proposal - 2090 Sutton Road, Sutton. 4

6.5 Development Application No. DA180013 - Residential Subdivision 60 & 82 Laidlaw Street, Yass. 5

6.6 Development Application No. DA190007 - Alterations & Additions Yass Soldiers Club - 86 Meehan Street, Yass 5

7. Director of Engineering Reports. 6

8. Director of Finance & Corporate Reports. 6

8.1 Rates Arrears. 6

8.2 Investment and Borrowings Report. 6

9. General Manager Reports. 7

9.1 New Model Code of Conduct and Procedures for Local Councils in NSW... 7

9.2 Code of Meeting Practice. 7

10. Notice of Motion. 8

11. Questions with Notice. 8

12. Minutes and Recommendations of Council Committees. 8

13. Confidential Matters. 8

Open Forum

Presentations to Council – Items on the Meeting Agenda

The Acting General Manager reported on two requests to address Council in Open Forum that there declined as they were received after the deadline.

Councillors present agreed to allow both requests to make presentations.

6.1 – Public Art Committee

Susan Brindle
Al Phemister – Chairman of Yass Arts and Founder of Sculpture in the Paddock
Sophie Peer
Lynne Magor-Blatch
Ann Holmes

6.5 – Development Application No DA80013 – Residential Subdivision 60 & 82 Laidlaw Street, Yass

Rod Therkelsen
Adrian Cameron
Charles Walker

Council Meeting - The Mayor declared the meeting open at 4.44 pm.

Present

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

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

Ackowledgement of Country

1. Prayer

2. Apologies

Nil

3. Declaration of Interest/Disclosures

Councillor McManus declared a significant, non-pecuniary conflict of interest in Item 6.6 Development Application No DA190007 – Alterations & Additions Yass Soldiers Club – 86 Meehan Street, Yass and stated that he believed his interest would preclude him from voting.

Reason: Councillor McManus declared an interest as he is a Director and Vice President of the Yass Soldiers Club.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 27 March 2019 covered by page numbers 3-20 inclusive and resolution numbers 47-76 inclusive, copies of which had been circulated to all Councillors, be taken as read and confirmed.

(Furry/Reid) 77

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 Public Art Committee

SUMMARY

Presenting a report on the review of the terms of reference for the Public Art Committee and the contribution to Southern Tablelands Arts (STARTS). With a re-focusing of the terms of reference it is recommended that the Committee become a focus group meeting on an as needs basis and the contribution to STARTS not be renewed.

RESOLVED that :

1. The terms of reference for the Public Art Committee be amended to focus on evaluating public art projects.

2. The Public Art Committee become a focus group meeting on an as needs basis.

3. A new Memorandum of Understanding (MoU) be entered into with Southern Tablelands Arts with the contributions to be negotiated, based on all councils moving towards a standard fee, and for the MoU to be for no more than three years (i.e. expires 30 June 2022) in line with State Government funding arrangements.

(Jones/Furry) 78

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

AGAINST: Nil

6.2 International Relationships Policy

SUMMARY

Presenting a report on the submissions received in relation to the draft international Relationships Policy.

RESOLVED that the revised International Relationships Policy be adopted.

(Furry/Frost) 79

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

AGAINST: Nil

6.3 On-Site Sewage Managment Systems Strategy

SUMMARY

Presenting a report on the submission received in relation to the draft On-site Sewage Management Systems Strategy (OSSMS Strategy).

RESOLVED that the revised On-site Sewage Management Systems Strategy be adopted.

(Turner/Burgess) 80

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

AGAINST: Nil

6.4 Planning Proposal - 2090 Sutton Road, Sutton

SUMMARY

Presenting a report on the revised Planning Proposal seeking an amendment to the Yass Valley LEP 2013 for 2090 Sutton Road, Sutton.

RESOLVED that the report on the revised Planning Proposal for 2090 Sutton Road, Sutton be noted.

(Turner/Furry) 81

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

AGAINST: Nil

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

SUMMARY

Providing a further report for the consideration of Development Application No DA180013 for a residential subdivision of 60 and 82 Laidlaw Street, Yass. Council requested further information from the Applicant in relation to contamination, biodiversity, intersection design, utility infrastructure design, overall master plan and environmental plan for area development and protection of environmental values. Additional information has been received to address these issues.

RESOLVED that conditional Development Consent be issued for Development Application DA180013 for a 67 lot residential subdivision of 60 and 82 Laidlaw Street, Yass subject to:

· Submission of a detailed landscaping plan for the subdivision including river corridor prepared by a qualified horticulturalist.

· A supplementary Biodiversity Development Assessment Report (BDAR) shall be submitted to include the area of impacts along the river corridor.

· Depending upon supplementary BDAR, the number of ecosystem credits and species credit will be changed.

· A title restriction on proposed Lots 1000, 1001, 1002 & 1003 indicating these lots are not to be developed until new sewerage infrastructure such as gravity sewers, pump stations, rising mains etc. is approved by Council and installed by the developer to transfer the sewage directly to Yass Sewage Treatment Plant. All the associated costs shall be borne by the developer.

· A title restriction on proposed Lots 1 to 62 restricting the development of the lots for the purpose of a dual occupancy, multi dwelling housing or similar until new sewerage infrastructure is approved by Council and installed by the developer to transfer the sewage directly to Yass Sewage Treatment Plant. All the associated costs shall be borne by the developer.

(Jones/Reid) 82

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

AGAINST: Councillor G Frost

At 05:24 pm Councillor McManus left the Chambers.

6.6 Development Application No. DA190007 - Alterations & Additions Yass Soldiers Club - 86 Meehan Street, Yass

SUMMARY

Presenting a report on Development Application No. 190007 for additions and alterations to Yass Soldiers Club. The application is presented to Council as the proposal involves construction of an enclosed terrace area encroaching over the footpath area of Meehan Street.

RESOLVED that consideration of Development Application No DA190007 for alterations and additions at the Yass Soldiers Club, 86 Meehan Street, Yass be deferred until the May 2019 Council Meeting.

(Furry/Turner) 83

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

AGAINST: Nil

At 05:25 pm Councillor McManus returned to the Chambers.

7. Director of Engineering Reports

Nil

8. Director of Finance & Corporate Reports

8.1 RATES ARREARS

SUMMARY

To update council on rate arrears to the end of the third quarter of the 2018/19 financial year.

Rate arrears totalled $559,428.67 as at 30 June 2018 and this has now been reduced to $352,893.47 as of 31 March 2019. This represents an improvement of $206,535.20 or 36.92%.

RESOLVED that the information be noted.

(Furry/Reid) 84

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

AGAINST: Nil

8.2 Investment and Borrowings Report

SUMMARY

In accordance with the Local Government (General) Regulation 2005 (NSW) Clause 212, this report provides a summary of Council’s investments as at 31 March 2019. In accordance with paragraph (1)(b), it can be certified that the investments listed have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

RESOLVED that Investment Report as at 31 March 2019 be received and it be noted that the summary has been prepared in accordance with the Act, the Regulations and Council’s Investment Policy.

(Frost/Harker) 85

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 New Model Code of Conduct and Procedures for Local Councils in NSW

SUMMARY

The new 2018 Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct) and Procedures for the Model Code of Conduct for Local Councils in NSW (Procedures) were prescribed under the Local Government (General) Regulation 2005 on 14 December 2018. Councils have six months from the date of prescription (14 December 2018 to 14 June 2019), to adopt a code of conduct and procedures based on the prescribed Model Code of Conduct and Procedures.

Following public exhibition the Model Code of Conduct and Procedures are presented for adoption.

RESOLVED that council adopts the 2018 Model Code of Conduct for Local Councils in NSW and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW.

(Turner/Reid) 86

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

AGAINST: Councillor G Frost

9.2 Code of Meeting Practice

SUMMARY

Amendments made to the Local Government Act 1993 (LGA) in August 2016 by the Local Government Amendment (Governance and Planning) Act 2016 (the Phase 1 amendments) provide for a model code of meeting practice (Model Meeting Code) to be prescribed by the Regulation.

The Model Code has been amended as allowed to meet the requirements of Yass Valley Council and this policy is presented to Council for adoption.

RESOLVED that the Code of Meeting Practice for Yass Valley Council be adopted.

(Turner/Furry) 87

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

AGAINST: Nil

10. Notice of Motion

Nil

11. Questions with Notice

Nil

12. Minutes and Recommendations of Council Committees

Nil

13. Confidential Matters

Nil

The meeting closed at 5.32 pm.

Ordinary Council Meeting 22 May 2019

6.3 Proposed Public Art Work - Alf Fletcher Park, Yass

SUMMARY

To consider a request for a public art work at Alf Fletcher Park under the My Community Project Funding Program and for Council to act as the project sponsor.

RECOMMENDATION

That Council determine whether or not to support the proposed public art work for Alf Fletcher Park, Yass and act as the project sponsor

Financial IMPLICATIONS

Nil. The estimated cost of the art work is $99,220. Council will act as the project sponsor. The grant (if successful) will cover the estimated cost of the work and its installation.

POlicy & Legislation

· Public Art Policy

REPORT

A proposal has been received, from Roger Buckman, regarding a proposed public art work at Alf Fletcher Park at the entrance to Yass (refer Attachment A). The estimated cost of the art work is $99,220 (includes GST and 10% for contingency and project management).

The request (refer Attachment B) is seeking Council to sponsor the project under the NSW My Community Project funding program.

Under the program grants between $20,000 and $200,000 are available.

While anyone can make an application under the program for funding, support from a local organisation is required. The project sponsor will deliver the project if it is funded. In this instance this would effectively be Council engaging the artist to deliver and install the art work.

For a proposal to be considered an application must be submitted by 15 May 2019. Once the NSW Government has assessed project eligibility and viability, voting will open on 15 July 2019. As the timeframes do not fit with Council meeting cycles a submission has been lodged to sponsor the project however this can be withdrawn prior to the commencement of voting if Council does not agree to support the project.

An assessment of the proposal against the Public Art Policy has been completed (refer Attachment C). The proposal does not comply with all the policy criteria however these can be resolved should the grant application be successful and as part of the process of finalising the project.

The comments for the Public Art Focus Group were sought in relation to the project. The Group advise that:

The proposed public art proposal for Alf Fletcher Park not be supported and that Council does not act as a project sponsor

The Group’s concerns with the proposal included:

· The assessment period is too rushed

· Evokes tombstone and death references

· Unsympathetic to the surrounding built form and environment

· Not an ‘opening statement’“ of note for the town

· Highly vulnerable to graffiti

· Safety concerns - accessible height for children to climb on; driver distractions

· Concrete detracts rather than adds value, has no intrinsic link to Yass in the way that local stone or native wood has

· No consultation with community or Ngunnawal people evident

· Installation cost is not sufficient (parking, install and engineering $15k-$18k, overhead lighting, signs, concrete path)

· Lack of interpretative signs

The artist has responded to these concerns and provided the following comments:

· The assessment period is too rushed

Agree. But feel it is an opportunity to be seized.

· Evokes tombstone and death references

Milestones, headstones and foundation stones are significant historical symbols and I felt that it was appropriate to use these as a foundational image on which to illustrate the town’s history.

· Unsympathetic to the surrounding built form and environment

The site plan best illustrates the flow of the sculpture around the existing trees and the path diverging from and rejoining the street footpath. I feel that the mockup provided did not do justice to the overall impression that would be created by the completed installation and would encourage them to view the site plan.

· Not an ‘opening statement’ of note for the town

There is a proposed new entry sign to town well before this installation. The paving, lighting, landscaping etc. can only be an improvement on the present situation!

· Highly vulnerable to graffiti

The concrete sheep in the main street have not been graffitied in the two years they have been there but rather have been adopted by the community as is evident by the reindeer antlers and Santa hats every Christmas! The sculpture will be lit at night and a coat of matching concrete paint would adequately cover any sprayed graffiti.

· Safety concerns - accessible height for children to climb on; driver distractions

The tallest stones have a sloping top making standing on top of them difficult, and the flat topped stones are lower in overall height. Climbing would not damage the sculpture. The danger of driver distraction is minimised as it is not at an intersection or on a curve in the road. The writing on the stones is also not legible from the road reducing distraction.

· Concrete detracts rather than adds value, has no intrinsic link to Yass in the way that local stone or native wood has

Smooth cast shapes with integrated natural colour in concrete are a realistic alternative to the prohibitive expense of carved stone or frailty of wood exposed to the weather. Maintenance is also minimal with this material, and less expensive when addressing any damage etc.

· No consultation with community or Ngunnawal people evident

The first stone is an acknowledgement of the comparative length of Aboriginal history and their traditional ownership of the land. It is expected that wide consultation will take place regarding the historical content should the project goes ahead.

· Installation cost is not sufficient (parking, install and engineering $15k-$18k, overhead lighting, signs, concrete path)

Paths have been quoted on and the cost included, lighting is also costed and included. Existing off street parking is illustrated on the site plan and Council engineers were consulted and did not consider further parking needed to be included

· Lack of interpretative signs

Not itemised, but included, is an explanatory sign including an acknowledgement of the grant providers.

Clearly there is a difference of opinion between the artist and the Public Art Focus Group.

There is no funding in the forward budget for public arts however this program offers an opportunity to secure public art at minimal cost to Council.

Strategic Direction

Key Pillar 3. Our Community

CSP Strategy CO2 - Encourage and facilitate active and creative participation in community life

Delivery Program Action CO2.3 - Develop and implement a Public Art Strategy that includes specific actions for the development of creative pursuits

Operational Plan Activity CO2.3.1 - Develop Public Art Strategy

ATTACHMENTS: a. Locality Plan ⇩

b. Proposal ⇩

c. Assessment ⇩

6.3 Proposed Public Art Work - Alf Fletcher Park, Yass

Attachment c Assessment

Public Art Policy Assessment

Proposed Art Work: ‘Time Line Stones’ (refer Attachment)

Location: Alf Fletcher Park

Criteria

Comments

Selection Criteria

Consistency with the principles of this policy i.e.

· Transparency and accountability

· Community involvement

· Assessment criteria

· Local opportunities

· Arts tourism

· Specific funding

· For consideration by the Public Arts Committee

· Public Arts Committee includes community representation

· Refer below

· Proposal from a local artist

· Unclear

· No funding within 2018/19 Operational Plan for public art acquisition. Price - $50,000 plus installation, landscaping, seating, power connection

High standards in terms of artistic quality, originality and integrity

For consideration by the Public Arts Committee

Artistic standard and quality not assessed

Technical feasibility and ability to successfully realise the proposal.

Technically feasible.

Proposal dependant on funding being secured

Contribution of the artwork to visual enhancement and understanding of its place and the community context.

Alf Fletcher Park – no Plan of Management for the park. Underutilised public space with no improvements. Adjoining resident wants a footpath due to orientation of houses.

Appropriateness of the artwork to the context of the proposed site.

Satisfactory – refer site selection

Impact on the day-to-day use of the public domain, including safety, accessibility and structural stability.

Alf Fletcher Park – prominent location at entrance/exit to town. Work would not interfere with existing land use or proposed land use for the park

Durability of the artwork and its ability to withstand vandalism, weathering and ease of maintenance.

Satisfactory. Concrete

Life cycle costs including maintenance and decommissioning costs.

No details

Potential to foster community well-being and social cohesion including opportunities for community consultation and involvement.

No evidence of community consultation.

Propose to engage with the Historical Society.

Selection Criteria (cont)

Consistency with local planning, urban design, heritage and environmental policies and practices.

Generally satisfactory in that it does not interfere with existing land use or proposed land use for the park

No Plan of Management in place for the park so proposal needs a Development Application to be lodged.

Consideration of artists who have, or who have had, an association with Yass Valley.

Local artist

Site Selection

Alf Fletcher Park – prominent location at entrance/exit to town, on Hume & Hovell Walking Trail, links VIC, Museum and Cooma Cottage, does not interfere with existing or proposed uses for the park

Risk Assessment

No risk assessment completed

Maintenance

No details

No resources have been included in the current or forward budgets for ongoing maintenance, operating costs (e.g. lighting) and depreciation

Commissioning

The policy details arrangements for public art commissioned by Council. The policy is silent on how unsolicited proposals will be considered.

However, Council has previously accepted unsolicited projects (e.g. sheep at Tootsies)

Ordinary Council Meeting 22 May 2019

6.4 Development Application No. DA180110 - Subdivision, 25 Lute Street, Gundaroo

SUMMARY

To present the assessment Development Application DA180110 for the four lot subdivision of 25 Lute Street, Gundaroo. The proposal is referred to Council as the application has attracted seven submissions and involves a variation to the minimum lot size. The issue of a Deferred Commencement Development Consent is recommend.

RECOMMENDATION

That:

1. A Deferred Commencement Development Consent be issued for Development Application No. DA180110 for the four lot subdivision of 25 Lute Street, Gundaroo

2. The commencement of the Development Consent be deferred until such time as the Applicant suitably addresses the requirements of the Gundaroo Floodplain Risk Management Plan 2016, including consideration of the secondary catchment

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

· Yass Valley Local Environmental Plan 2013

· Gundaroo Flood Study 2016

· Gundaroo Floodplain Risk Management Plan 2016

· Yass Valley Development Contributions Plan 2018

· Road Standards Policy

REPORT

1. Application Details

Date Received	-	20 November 2018
Land	-	25 Lute Street, Gundaroo
Area	-	2ha
Zoning	-	R2 Low Density Residential

2. Site Description and Locality

The development site is located on the corner of Lute and Lot Street in the southwest of the Gundaroo village. The site is at the eastern extremity of the existing village and is bound by the Gundaroo Common to the east. Lot Street is formed but is unsealed.

The site contains an existing dwelling house and associated outbuildings. There is existing planted vegetation on the site, including both native and exotic species. There are two existing dams within the subject land.

A locality plan is included as Attachment A.

3. Proposal

The submitted application is seeking approval for a four lot low-density residential subdivision.

The initial proposal (refer Attachment B) involved subdivision into four lots. Each lot meets the 5,000m² minimum lot size requirements for the zone. The proposal involved filling in one existing dam, as well as approximately 50% of the subject site in order to redirect the flow of surface water to Lot Street. The proposed filling also exacerbated the need for tree removal across the site.

Following a preliminary assessment and consideration of issues raised in submissions, the Applicant was encouraged to reconsider the overall proposal and explore options for flood and stormwater management which involved less extensive filling and earthworks. It was also suggested to the Applicant that a slight variation to the minimum lot size may be appropriate in order to achieve stormwater and floodwater objectives, but to still keep the regular shaped subdivision layout which is preferred in Gundaroo.

The Applicant revised the proposed subdivision (refer Attachment C). The revised proposal still involves a four lot subdivision, but with an enlarged easement to reduce the amount of earthworks and filling required. However, a minor variation to the 5,000m² minimum lot size is required for two of the proposed lots.

4. Public Exhibition

Public exhibition included notice to adjoining and nearby landowners and the Gundaroo Community Association. Seven submissions were received (refer Attachment D) and the key issues relate to:

· The management of flood and storm water

· The extent of earthworks and filling

· Tree removal and heritage

· Consistency with strategic planning instruments, including the Gundaroo Masterplan

5. Assessment

An assessment of the proposal has been completed in accordance with the planning legislation. The proposal generally complies with the relevant planning controls, policies and guidelines, with the exception of the variation to the minimum lot size development standard.

The following is a response to the planning issues identified including those raised in the submissions.

5.1 Flood and Stormwater

The most significant concern identified in the submissions is in relation to flood and stormwater, including whether the subdivision and future development would result in an adverse impact upstream or downstream.

A flood risk analysis was requested requiring the Applicant to address the controls of the Gundaroo Floodplain Risk Management Plan 2016, including a requirement to demonstrate that:

· The development will not increase the flood hazard upstream or downstream

· Potential future development as a result of the subdivision (i.e. dwelling houses) could be reasonably undertaken in accordance with the Gundaroo Floodplain Risk Management Plan 2016

An assessment of the flood risk analysis (refer Attachment E) has found that it has not taken into account a secondary catchment to the north-east of the existing dam. This catchment is considered to be minor, however needs to be included in the analysis as the removal of the dam will have the potential to alter the flow across the site from this catchment and changes the potential downstream hazard. This catchment is also considered to be a relevant consideration for determining the final civil works solution.

In this regard, the Applicant will need to further revise their flood risk analysis to include this catchment. Any Development Consent that may be issued should be a ‘deferred commencement’ until such time as this has been appropriately demonstrated.

Subject to the Applicant addressing the flood risk analysis, the proposed civil works solutions, including use of an easement through Lot 4 and the road side drainage, are considered to be acceptable solutions.

The flood analysis recommends that future dwellings are provided with oversized rainwater tanks for stormwater attenuation and that this should be considered in conjunction with a further flood risk analysis for that particular development in accordance with the Gundaroo Floodplain Risk Management Plan. The requirement for oversized rainwater tanks can be included as a restriction on the title.

One of the submissions requests that the flood and stormwater aspect of the proposal be reviewed by someone without a vested interest in the project, such as the author of the Gundaroo Flood Study. Council, as the Consent Authority, does not have a vested interest in the development and the assessment has been undertaken by the appropriate staff.

Questions were also raised in the submissions in relation to the consideration of flood and stormwater infrastructure in the subdivision of 17 and 18 Cork Street. It is important to note that 17 and 18 Cork Street are actually original parish portions (i.e. created with the original subdivision of Gundaroo) and therefore were not created as a result of any subdivision approval granted by Council. The Gundaroo Flood Study and Gundaroo Floodplain Risk Management Plan provide development controls for new development and subdivision as well as recommendations and measures to manage existing flood and stormwater issues within the village moving forward. It is not the responsibility of the Applicant to resolve an existing problem elsewhere.

5.2 Earthworks and Filling

The initial subdivision proposed involved a filling and earthworks across more than 50% of the subject land in order to achieve flood and stormwater objectives. This was considered to be generally unacceptable, noting the requirements of the Gundaroo Floodplain Risk Management Plan and YV LEP 2013 in relation to earthworks.

The revised proposal has removed all of the filling with the exception of the existing dam area, however there will be compensatory excavation and no net importation of material to complete the earthworks. This is now consistent with the requirements of the Gundaroo Floodplain Risk Management Plan, the Gundaroo Masterplan and the LEP 2013 in relation to earthworks and is considered acceptable.

5.3 Tree Removal and Heritage

The amount of earthworks and filling required in the original proposal exacerbated the need for tree removal across the site. This was raised as a point of concern in the submissions, including the loss of trees which are substantial in age and may provide general heritage value to the locality.

The revised proposal now minimises the earthworks and filling and minimises the need for tree removal. The driveway for proposed Lot 2 has also been shifted to avoid tree removal.

5.4 Inconsistency with Strategic Planning

Concern has been raised in the submissions that the proposal is inconsistent with Council’s strategic plans, in particular the Gundaroo Masterplan. This primarily centred on concern that the lot layout had not minimised the need for earthworks, cut and fill, and involved vegetation removal.

These points of concern are resolved through the revised proposal and it is considered that the subdivision is now consistent with Council’s strategic planning instruments, including the Gundaroo Masterplan.

5.5 Variation to Minimum Lot Size

The minimum lot size in this area is 5,000m², however two of the proposed lots are below this size. This represents a variation to the minimum lot size of approximately 5% for both lots.

The possibility of utilising a slight variation to the minimum lot size was suggested to the Applicant when they were asked to reconsider the overall proposal and explore options for flood and stormwater management which involved less extensive filling and earthworks. The Applicant’s request (refer Attachment F) seeks a variation on the following basis:

· The variation has allowed an amended subdivision layout which in turn retains trees, minimises earthworks and includes the drainage easement within only one lot.

· Strict compliance in this instance would result in a subdivision proposal requiring tree removal and more earthworks

· Compliance with the development standard in this instance would result in a development which required significant changes to the existing landscape and environment

An assessment against the LEP and guidelines for varying a development standard been completed. The Applicant’s variation request is brief and generally further elaboration on the planning merit would be expected. However the revised proposal is consistent with advice provided by Council staff, is minor, and clearly represents an improvement on the initial proposal as it now significantly reduces the extent of the earthwork requires, results in no net import of material and does not require any tree removal.

The revised proposal is considered to represent a positive planning outcome and supporting a variation in this instance is within the interest of the community. In this regard, there are sufficient planning ground to support the variation the minimum lot size development standard.

5.6 Anomalies with Submitted Documentation

The submissions have highlighted some anomalies with the submitted documentation, including an instance of the wrong property address referred to in the site and soil effluent report. These have since been addressed and revisions of the documents submitted.

6. Conclusion

From an assessment of the revised proposal and consideration of the issues raised in the submissions, it is recommended that a Deferred Commencement Development Consent be issued, until such time as the Applicant addresses the requirements of the Gundaroo Floodplain Risk Management Plan 2019, including consideration of the secondary catchment. Draft conditions are included in Attachment G.

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. Submissions ⇩

c. Inital Plan of Subdivision ⇩

d. Revised Plan of Subdivision ⇩

e. Flood Risk Anaylsis ⇩

f. Variation Request ⇩

g. Draft Conditions ⇩

6.4 Development Application No. DA180110 - Subdivision, 25 Lute Street, Gundaroo

Attachment g Draft Conditions

DA180110 – Draft Conditions – 25 Lute Street

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

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

(2) The applicant shall address the development controls of the Gundaroo Floodplain Risk Management Plan (GFPRMP) 2016 for subdivision of land identified as ‘medium flood risk’, including:

(a) A Flood Risk Report as outlined in the GFPRMP 2016 which demonstrates that the development will not increase the flood hazard upstream and downstream of the development site. The Flood Risk Report must take into account:

i. Loss of conveyance capacity in the floodway or areas where there are significant flow velocity.

ii. Changes in flood levels and flow velocities caused by the alteration of conveyance of floodwaters.

iii. Cumulative impact of multiple similar development in the floodplain.

(b) Sufficient evidence to demonstrate that potential developments (i.e. dwelling house) as a consequence of a subdivision proposal can be reasonably undertaken in accordance with the GFPRMP 2016.

(c) The applicant shall confirm the post-subdivision Flood Planning Level (FPL) on each lot. Clarification must be provided on how this has been determined.

This must include consideration of the secondary catchment to the north/north-east of the existing dam which is proposed to be filled in.

Where compliance with the relevant prescriptive controls for subdivision are not achieved, the applicant shall provide written justification as to:

· Whether the performance criteria have nonetheless been achieved; and/or

· Why, in the particular circumstances of the case, strict compliance is unachievable, unnecessary or unreasonable.

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

PART B - GENERAL CONDITIONS

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

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

(3) An Engineering Construction Certificate, as defined by the Environmental Planning and Assessment Act 1979, shall be obtained for all engineering works prior to any works commencing on site. Council’s fee for providing a Construction Certificate is levied in accordance with Council’s Management Plan relevant at the time of payment.

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

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

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

· Australian Standards and

· AustRoads

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

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

(7) Should any Aboriginal sites, objects or suspected human remains be unearthed during works associated with the subdivision, all work must cease and the NSW Office of Environment & Heritage (OEH) is to be contacted immediately. No works is to recommence at the location unless authorised by OEH in writing.

PART C - PRIOR TO ISSUE OF ENGINEERING CONSTRUCTION CERTIFICATE

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

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

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

(2) Engineering drawings associated with the upgrade of Lot Street shall be submitted to Council’s Engineering Department for approval in accordance with Council’s Roads Standards Policy RD-POL-09 and Council’s Design and Construction Specification – Ausspec#1;

(3) Engineering drawings associated with the drainage of stormwater shall be submitted to Council’s Engineering Department for approval in accordance with Council’s Stormwater Policies and Design and Construction Specification – Ausspec#1;

(4) An erosion control bond of $2,000 shall be lodged with Council.

Note: The bond shall be refunded at the completion of the project subject to the erosion control measures being satisfactorily maintained onsite during the construction and revegetation phases. In the event that Council considers that ineffective or insufficient measures are being taken to control wind or water erosion or sediment loss from the site, the bond may be used to construct such structures as deemed necessary;

PART D - PRIOR TO SUBDIVISION WORKS COMMENCING

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

(2) 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.

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

(4) Any contractor undertaking works in an existing 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

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

The sign must list the following details:

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

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

· That unauthorised entry to the site is prohibited.

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

(6) All construction waste associated with any demolition and construction work shall be separated into components such as:

(a) Asbestos;

(b) Clean fill;

(d) Steel;

(e) Other metals;

(f) Timber & vegetation; and

(g) Other material.

All waste must be taken to an appropriately authorised centre/site for recycling or disposal.

Any asbestos shall be handled, removed and wrapped in accordance with relevant regulations and WorkCover directions;

PART E – EARTHWORKS AND IMPORTATION OF FILL

(1) Dust, noise and odour emissions from works associated with the proposed development must comply with the provisions of the Protection of the Environment Operations Act 1997.

(2) Details of a suitably qualified and experienced person, to the satisfaction of the Council (and with knowledge of soil conservation practices), who will be responsible for the day to day environmental management of the site and provide liaison between the Developer and all relevant government agencies including Council, must be submitted to Council.

(3) Appropriate soil erosion and sediment control measures must be installed.

(4) ‘Truck Entering’ (W5-22C) signs must be installed on the approaches to the development site warning motorists along Lute Street of heavy vehicles. The signs must be maintained at all times whilst trucks are entering and exiting the site.

(5) Measures must be applied, to the satisfaction of Council, to prevent site vehicles tracking sediment and other pollutants onto any sealed roads serving the development.

(6) Material imported to the site for the construction of the proposed development (including the internal driveway) must be suitable for the proposed application/fit for purposes and:

(a) Sourced from a suitably licenced facility (i.e. landscaping supplies or quarry operation)

(b) VENM as defined in the Protection of the Environment Operations Act 1997 or

(c) ENM as defined in the Protection of the Environment Operations (Waste) Regulation 2014 – Excavated Natural Material Resource Recovery Exemption 2014.

The document titled Certification: Virgin excavated natural material as published by the Environmental Protection Authority in September 2013 is considered a suitable form of certification to achieve compliance with this condition for VENM.

The use of ENM must be in accordance with the requirements of:

· The Protection of the Environment Operations (Waste) Regulation 2014 – Excavated Natural Material Resource Recovery Exemption 2014 and

· Protection of the Environment Operations (Waste) Regulation 2014 – Excavated Natural Material Resource Recovery Order 2014 (as modified or superseded).

(7) Evidence must be submitted to Council classifying the material used as VENM or ENM, prior to it arriving at the site.

(8) Heavy vehicle movements associated with the delivery of material to the site are restricted as follows, unless other approved in writing by Council:

(a) Movements must only occur between 7.00am and 6.00pm, Monday to Friday

(b) No movements on weekends or public holidays.

(9) If required, the movement of heavy vehicles associated with the delivery of material must comply with the conditions of any heavy vehicle permit issued by Council.

(10) A ‘ Fill Delivery Record’ must be established and must record:

· The source address of the fill

· Whether the fill has been certified as VENM or ENM

· The volume of material delivered

· The name, contact details, and organisation or affiliation of the person delivering the material

· Vehicle registration

· The date of delivery.

A copy of the ‘Fill Delivery Record’ must be submitted to Council upon request.

PART F – INSPECTIONS

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

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

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

(d) Completion of property access. This inspection is for access dimensions and to ensure there are no ‘trip-fall’ hazards. Compliance with change in longitudinal grade will only be undertaken where it can be confirmed via WAE drawings;

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

PART G - PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE

(1) In accordance with section 7.12 Environmental Planning and Assessment Act 1979 and the Yass Valley Development Contributions Plan 2018, a monetary contribution must be paid to Council if the proposed cost of carrying out the development exceeds $100,000.

The contribution rate is determined in accordance with the table below:

Proposed cost of carrying out the development	Contribution Rate
Up to and including $100,000	Nil
More than $100,000 and up to and including $200,000	0.5% of that cost
More than $200,000	1% of that cost

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

(3) Lot Street is to be upgraded in accordance with Council’s Road Standards Policy RD-POL-09 or, where applicable, designs/drawings approved with the Engineering Construction Certificate.

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

(5) Stock proof fencing must be provided to all boundaries of the proposed lots.

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

· A fence height of no less than 1200 mm.

· Strainers – spacing 100 metres to 200 metres depending on terrain.

· Steel Star Pickets at 4 metre centres.

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

· Three 2.8 mm high tensile carry wires.

· “Wire Netting” - must be set no higher than 50 mm above the surface of the ground.

· Netting floodgates as required.

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

The existing boundary fence where dilapidated, must be repaired to the above standard.

Existing fence in good order but of varying standards may be permitted if such standard is deemed by Council as ‘stock proof’.

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

(6) The drainage channel to accommodate the discharge from the 1% AEP year storm event shall be completed in accordance with the designs/drawings approved with the Engineering Construction Certificate.

(7) One complete set of Work as Executed (WAE) drawings must be submitted to Council, indicating details of the transport infrastructure constructed. The drawings must include the following details:

· A roads plan

· Cross sections and long sections

· Pavement details

The WAE Drawings must be supplied to Council in the following format:

· AutoCAD LT 2011 on MGA 94 Zone 55 coordinates

· PDF

· A1 Hard Copy.

(8) In accordance with the Provision of Electricity Supply and Telecommunications Service for Subdivisions Policy DA-POL-17, evidence must be submitted to Council demonstrating that a satisfactory standard of electricity supply is available to each lot within the subdivision.

(9) In accordance with the Provision of Electricity Supply and Telecommunications Service for Subdivisions Policy DA-POL-17, evidence must be submitted to Council demonstrating that a satisfactory standard of telecommunications service is available to each lot within the subdivision.

(10) The applicant must confirm by survey that the formation and associated batters and drainage structures of Lot Street and Lute Street along the frontage of the subject property, are within the road reserve.

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

(11) A restriction to user under Section 88B of the Conveyancing Act 1919, must be placed on all lots created prohibiting the construction of building on the lot unless it has a finished floor level of no lower than:

Lot 1: 583.47m AHD

Lot 2: 583.47m AHD

Lot 3: 583.96m AHD

Lot 4: 584.35m AHD

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

(12) A restriction to user under Section 88B of the Conveyancing Act 1919, must be placed on all lots created prohibiting the construction of any driveway, carpark or carport associated with a dwelling house unless it has a level of no lower than:

Lot 1: 583.47m AHD

Lot 2: 583.47m AHD

Lot 3: 583.96m AHD

Lot 4: 584.35m AHD

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

(13) A restriction to user under Section 88B of the Conveyancing Act 1919, must be placed over Lot 4 stating that:

(a) No activities causing obstruction will be permitted in the area designed as the 1% AEP easement.

(b) The owner of the property shall be responsible for the maintenance of the 1% AEP easement.

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

(14) A restriction to user under Section 88B of the Conveyancing Act 1919, must be placed on all lots created requiring rainwater tanks of sufficient capacity to provide for attenuation of any increased flows as a result of the development of the lot.

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

Note: The applicant for future development must address the requirements of the Gundaroo Floodplain Risk Management Plan 2016 as relevant to their proposal.

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

(16) A Subdivision Certificate Application (Form 206) must be submitted to Council.

The application is to be accompanied by the following:

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

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

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

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

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

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

(g) A copy of any relevant construction certificate.

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

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

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

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

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

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

(l) The relevant fee payment at the date of issue of this consent. The current fee for a subdivision creating up to five lots is $515.00.

(17) The subdivision certificate will not be issued until all conditions of this consent have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

NOTES ACCOMPANYING DEVELOPMENT CONSENT DA180110

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

(1) This consent has been granted under Clause 4.1 & 4.6 of the Yass Valley Local Environmental Plan 2013.

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

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

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

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

(6) The Work Health and Safety Act 2011, the Work Health and Safety Regulation 2011 and various Australian Standards provide a comprehensive set of risk control measures and procedures for development sites which cover all types of risk. This legislation is administered by WorkCover New South Wales which has produced a variety of guidelines and other supporting documents for the information of developers.

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

Ordinary Council Meeting 22 May 2019

6.6 Development Application No. DA190011 - Residential Subdivision - 4056 & 4078 Gundaroo Road, Gundaroo

SUMMARY

To present the assessment of Development Application No. 190011 for a 50 lot residential subdivision of 4056 and 4078 Gundaroo Road, Gundaroo. The application is presented to Council as it attracted six submissions. The proposal is generally consistent with the Yass Valley Local Environmental Plan 2013. It is recommended the application be approved subject to deferred commencement conditions.

RECOMMENDATION

That:

1. A Deferred Commencement Development Consent be issued for Development Application No. DA190011 for the residential subdivision of 4056 and 4078 Gundaroo Road, Gundaroo

2. The commencement of the Development Consent be deferred until such time that the Applicant has suitably addressed the requirements for obtaining IPART approval for the sewage treatment plant

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

· Biodiversity Conservation Act 2016

· Water Management Act 2000

· Water Industry Competition Act 2006

· Yass Valley Local Environmental Plan 2013

· Gundaroo Master Plan 2017

· Road Standards Policy

REPORT

1. Application Details

Date Received	-	5 February 2019
Land	-	Proposed Lots 3, 5, 12, 13 and 14 of the Subdivision of 4056 and 4078 Gundaroo Road, Gundaroo
Area	-	35.25ha
Zoning	-	R2 Low Density Residential and RU1 Primary Production

2. Background

In December 2018 Council determined to approve Development Application No DA185092 for a 13 lot subdivision of the Environment Zone portion of the site at 4056 and 4078 Gundaroo Road, Gundaroo.

3. Site Description and Locality

The development site is located to the northern end of Gundaroo Village on the northern side of McLeods Creek and an existing dam on the property. The site is situated on the northern entry into Gundaroo Village. It is irregular in shape and has an area of approximately 35ha.

The site is bound by rural and rural residential style developments to the north and east, abuts Gundaroo Road to the west and residential lots of Gundaroo Village and Lute Street road reserve to the south.

A locality plan is included in Attachment A.

4. Proposal

The submitted application is seeking approval for a residential subdivision including:

· 50 residential lots (including new roads and infrastructure)

· Sewage Treatment Plant

· Extension of Lute Street

· Construction of intersection of new road with Gundaroo Road

It is proposed to undertake the subdivision in five stages.

Two existing dwellings on the site are to be located on separate lots.

The proposed subdivision plan is included as Attachment B.

The minimum lot size applicable to R2 Low Density Residential Zone is 5,000 m² where the land is not connected to a reticulated sewerage scheme. However, the lot size can be reduced to 2,000m² if the land is served by reticulated sewerage scheme.

The lot size in the proposed subdivision ranges between 2,000m² – 2,500m². The proposed lots will meet the minimum lot size requirements of the Yass Valley Local Environmental Plan 2013 only if all the lots are connected to a reticulated sewerage scheme.

The Applicant has proposed a reticulated sewerage scheme that will be privately run under licences from Independent Pricing and Regulatory Tribunal (IPART) under the Water Industry Competition Act 2006.

5. Public Exhibition

Public exhibition included notice to adjoining and nearby landowners and Gundaroo Community Association. A total of six submissions have been received (refer Attachment C).

The Applicant has provided a response to address the issues raised in the submissions and additional information request (refer Attachment D). The Applicant has also provided a response to address the issues raised by NSW Health (refer Attachment E).

6. Assessment

An assessment of the proposal has been completed in accordance with the planning legislation. The proposal generally complies with the relevant planning controls, policies and guidelines. The overall layout is consistent with the Gundaroo Master Plan as it:

· Provides a link through Lute Street extension to existing village core

· Provides new pedestrian link to existing village core

· Creates a sense of arrival through the provision of landscaped easements/avenues along Gundaroo Road

The following is a response to the planning issues identified including those raised in the submissions.

6.1 Permissibility

The Yass Valley LEP 2013 specifies a minimum lot size of 5,000 m²unless the land is connected to a reticulated sewerage scheme.

In this instance there has been some debate in relation to whether or not the proposal is a Designated Development as a Sewage Treatment Plant (STP) is involved. Legal advice has been sought confirming that the STP I this instance is ancillary to the subdivision and the proposal is not a Designated Development.

It is important to note that the detailed assessment and approval for the construction of STP under Water Industry Competition Act 2006 will be done by Independent Pricing & Regulatory Tribunal (IPART) as part of licencing process. Any Consent that may issue for the proposed subdivision will need to be conditioned to obtain the necessary licence from IPART.

6.2 Water Industry Competition Act 2006

The object of the Water Industry Competition Act 2006 (WIC Act 2006) is to encourage competition in relation to the supply of water and the provision of sewerage services.

Section 7 WIC Act 2006 sets out the licencing principles that are required to be considered by IPART in deciding to grant a licence or not. It includes the protection of public health, the environment, public safety, potential for adverse financial implications etc.

Licence applications are required to be advertised and invite submissions from the general public, Council and any other relevant agencies.

After considering the application and any such submissions, IPART will make a recommendations to the Minister as to whether or not a licence should be granted and as to what conditions the licence should be subject to.

Other key issues under the WIC Act 2006 include:

· Retailer of Last Resort

There is a risk that the operator may abandon the STP following the completion of the development due to any reason. This has also been raised in a submission which indicates there are three parties involved in the installation and management of the propose system and there is a risk if any of these parties cease to operate.

Where a licenced retail supplier can no longer provide services to its customers, the WIC Act 2006 protects the continued supply of services to customers by Ministerial declaration of a licensed retail supplier or public water utility as a retailer of last resort. Hence there is risk that the responsibility for STP could fall on the Council as retailer of last resort.

Although WIC Act 2006 addresses the risks associated with privately owned infrastructure via increased accountability, provision of securities to assist in hand over to a retailer of last resort, this is something that is not part of Council’s forward plans. If the licensee fails to operate the STP or provide services to its customers, a condition could be included in any approval that may issue indicating that Council is opposed to being declared a retailer of last resort and becoming responsible for ongoing functioning and maintenance of the scheme.

· Charges for Infrastructure within Public Roads or Public Reserves

Under the WIC Act 2006 (i.e. s63) no annual or period charges or any special charges are payable by the licenced network operator to Council or road authority in respect of the space occupied by any infrastructure located within the public road reserves or public reserves.

· Damage to a Public Road or Public Reserve

If a public road or public reserve is damaged through burst infrastructure or during maintenance, the licensed network operator is responsible to restore, replace or reconstruct any damage caused to public roads or public reserves.

· Ownership of WICA Infrastructure

The infrastructure laid under the WIC Act 2006 (i.e. s64) is owned by the person that constructs or installs it or any person that subsequently acquires title to it, whether or not the land in, on, under or over which it is situated is owned by that person.

6.3 Maintenance

The Sewage Management Plan submitted with the application does not provide information on maintenance of the system or dispute resolution. IPART is responsible for issuing licences under WIC Act 2006 and the responsibility to regulate the operation and maintenance of the scheme also lies with IPART under their licencing regime. Council does not have any role to play in regulating the operation of the system.

As part of application to IPART, the Applicant is required to submit to IPART an Infrastructure Operating Plan including the mechanisms for ongoing management and maintenance of STP and related Infrastructure.

Implementation and adherence to an Infrastructure Operating Plan becomes part of the licence. The Applicant has indicated that active maintenance will be carried by a local plumbing contractor whereas scheduled proactive maintenance will be carried out by Innoflow as the STP equipment supplier.

6.4 Dispute Resolution Mechanism

The dispute resolution between the operator and scheme beneficiaries will be included in Retail Management Plan required under Retail Supply Licence from IPART. To ensure future purchasers are fully aware of their rights it would be appropriate to include a condition in any approval that may issue for this to be detailed in in any contract of sale.

Any Consent that may issue for the proposed subdivision can include a condition that requires a title restriction for contract arrangements which details wastewater infrastructure to be installed on each lot as well as ongoing charges and process around the operation and maintenance of the STP and related infrastructure.

6.5 Managing Environmental Threats

The management of any environmental threat are to be addressed in Infrastructure Operating Plan and environmental management plans to ensure relevant environmental mitigation measures are implemented during a scheme’s construction or operation.

The Applicant has indicated that all Innoflow STP systems are equipped with alarms linked to a telemetry system with a pager notification to immediately inform the operator when a high-level alarm is detected. These alarms are set to provide sufficient time for the operator to respond before a spillage or overflow occurs. The STP will contain duty/standby pumps. and hold spare pumps and other key equipment essential to STP operation. In extreme circumstances the average design flow of 32K/day can temporarily be managed via effluent pump out tanker.

6.6 Monitoring Ground and Surface Water Contamination

The Applicant has indicated that groundwater monitoring will be undertaken via four bores. The location of these bores will be determined by a hydrologist. These bores will be in addition to the existing monitoring bore. Sampling from shallow unconfined ground water, permanent aquifer and surface water locations will be analysed to monitor ground and surface water contamination. A baseline assessment of the surface water will be carried out prior to the commissioning of the system.

As part of WIC Act 2006 licence application the developer is required to submit risk management measures and monitoring program for ground and surface water contamination to IPART.

6.7 Pricing

A submission raise the concern about financial viability of the scheme and operational cost.

The financial viability of the scheme is not a Council planning responsibility. However IPART is responsible for assessing whether the pricing covers both cost recovery and supplying service to the customers. IPART requires the Applicant to supply 10 years forecast of the cost to provide sewerage service per household per year, details of how this cost will be recovered as well as proposed price levels and structure for first 10 years of operation.

6.8 Gundaroo Master Plan & Yass Valley Local Environmental Plan

Concern has been raised that the proposal is not complaint with Yass Valley LEP 2013 (i.e. Clause 6.12) in that Development Consent must not be issued unless the proposal is designed, sited and will be managed to avoid contamination of ground water.

The main source of effluent contamination of groundwater is from surface water contaminated from effluent runoff from poorly managed surface effluent irrigation areas. The proposal relies on secondary treatment and subsurface effluent irrigation which makes the likelihood of the contamination of surface water runoff low. The submitted Land Capability Assessment Report states the proposed secondary treated and disinfected treatment system combined with effluent dispersal through subsurface irrigation, reduces the risk of any potential impacts to the groundwater. Given all the effluent is treated prior to disposal in the subsurface irrigation area, the risk of groundwater contamination is considered low.

The IPART licencing requirements to operate a private STP coupled with periodic audits of the system by IPART will mitigate the public health, environment, public safety and consumer impacts. This will address the Yass Valley LEP 2013 requirements.

6.9 Water Supply and Grey Water

Concerns have been raised in relation to water supply to the proposed lots. The treated liquid effluent/grey water is used to irrigate land outside of the development. This will leave households without grey water for garden watering, potentially increase the fire risk.

Provision of water supply to all the lots will be in accordance with the requirements of Gundaroo Village Master Plan and Council’s Water Supply for Rural Areas and Villages Policy which require 45,000L rainwater tank for dwellings less than 150m² in size and 90,000L rainwater tank for dwellings greater than 150m² in size.

The proposed reticulated scheme disposes of effluent (including grey water) off-site following treatment at the STP. This will eliminate the groundwater contamination issues. In addition, grey water is not essential for garden water particularly when planting native plants.

6.10 Private Ownership & Management

Concern is raised about the private ownership of the STP if the operating company fails.

The WIC Act 2006 encourages competition in relation to supply of water and provision of sewerage services and aims private sector investment in water and wastewater sector. The WIC Act 2006 makes IPART responsible for administering the licencing regime including making recommendations to the Minister for network operator and retail supplier licences and also monitor and enforce licence conditions and impose penalties for contraventions of licence agreements.

6.11 Land Release

The submissions urge a slow release of proposed lots. The proposed subdivision is to be carried out over 5 stages. This coupled with the market demand for the land will control the rate of development.

6.12 Right of Way

Concern has been raised about proposed right of way (i.e. R1 on the subdivision plan) providing access to existing dwelling located on proposed Lot 23. This is an existing track that has been in existence for over 20 years and continues to be used for access to the existing dwelling. This right of way will be extinguished as part of Stage 4 and any approval that may issue can include an appropriate condition to this effect.

6.13 Private Public Partnership

Concern has been raised that the proposed sewerage scheme is a private public partnership. In that, the STP is privately owned whereas infrastructure from lot to the plant boundary is publicly owned by Yass Valley Council.

The proposal is not a private public partnership. The STP and the reticulated network will be privately owned and operated in accordance with the requirements of the licences issued by IPART.

6.14 Existing Structures

The existing house on proposed Lot 23 needs to be contained within the proposed boundaries to ensure compliance with relevant setback requirements. This includes any existing or proposed extensions, rainwater tank and sheds. This can be confirmation by survey as part of any approval that may issue or alternatively by relocating existing structures.

The proposed lot boundary impacts on the location of the existing onsite sewage management system. The Applicant must provide details on decommissioning the onsite sewage management system and connection to the proposed reticulated system. This requirement can be included in any Consent that may issue.

6.15 Risk to Ratepayers Fund or to Public Health

Concern is raised that the proposed development is a risk to ratepayers fund and public health.

Council is not funding any part of the proposed development including the STP. This is proposed to be a privately operated scheme and therefore there is no risk to ratepayers’ funds.

As discussed above, the licencing requirements from IPART to operate a private STP coupled with periodic audits of the system by IPART will ensure the protection of public health and environment.

6.16 Claim for Contamination

Concern is raised if Council is carrying out inspections of the onsite system, is Council responsible if there is a claim regarding contamination.

Council currently conducts inspections of existing on-site systems in Gundaroo and is not responsible for any contamination. If contamination occurs as the result of poor operation by the landowner they would be responsible for any claim arising. Council will not be responsible for any claims or carrying out any inspections of the onsite system. The ongoing maintenance and any inspection will be regulated by IPART under licence.

6.17 Dust and Noise

A submission raises the concerns about dust and noise suppression during construction.

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

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

6.18 Cat Containment Area

A request has been made for the proposed subdivision to be a cat containment area in order to ensure protection of threatened species habitat. This is the same issue raised in relation to the subdivision of the Environmental zones considered in December 2018.

There is no provision under NSW legislation to establish a cat containment area. However an advisory note can be included in any approval that may issue indicating that the Applicant may wish to include a title restriction to each of the proposed lots for cat containment areas on each lot.

6.19 Fire Control

A submission raises the concern that strict fire control measures be put in place in order to ensure the surrounding properties are not at risk of being impacted by a fire started through construction activities.

While it is not anticipated that subdivision construction activity will cause a fire, a condition could be included in any approval that may issue to restrict fires for any purpose during the subdivision construction works. It should be noted that all outdoor activities (including subdivision construction) are controlled by usual fire restrictions.

6.20 Buffer Distance to the Closest Residential Lot

Concern is raised that there is a buffer of approximately 60m from the closest residential lot to the STP and Effluent Irrigation Area.

The Land Capability Assessment indicates buffers of 3m if upslope and 6m if downslope are required between effluent irrigation area and property boundaries and buildings.

The Applicant has indicated that the residential lots within the subdivision will be approximately 160m from STP and 100m from effluent irrigation area. The buffer/distance to the nearest boundary of property on the western side of Gundaroo Road is 70m from the irrigation area but the dwelling at this site is set back approximately 250m.

6.21 Protection of Groundwater, Yass River and the Valley

A submission raises the concern about the protection of groundwater, the Yass River and the valley if the there is a failure or effluent irrigation system becomes blocked or fails.

Yass River is over 250m from the effluent irrigation area on the opposite side of the Gundaroo Road. The Land Capability Assessment Report and Sewage Management Plan identifies low risk to groundwater and Yass River catchment. However, the Applicant is required to submit, as part of their WIC Act 2006 licence application, an Incident Emergency Response Protocol which identifies what actions are required to be undertaken and who is responsible to undertake such actions in the event of a sewage overflow or failure of the system or effluent irrigation area. The protocol is also required to include safeguards for overland flows and drainage from the development site to neighbouring properties and water bodies as well as measures for protection from E.coli.

In addition, the Applicant is required to prepare and submit a Quantitative Microbial Risk Assessment as part of Recycled Water Management Plan that will take into consideration likely virus concentrations and necessary safety measures to be adopted to protect human health and ecosystem.

6.22 Anecdotal Evidence

Concern is raised that there is anecdotal evidence that the Innaflow Systems of New Zealand have poor support post installation and Council should independently validate this.

Council is not responsible for regulating the sewerage system. This is a matter for IPART. It is the responsibility of the developer and IPART to make sure there is sufficient support available after installation for ongoing operation of the system.

6.23 Viability of the Reticulated Sewerage System

A submission raises concern about minimum number of lots required for a reticulated sewerage system and the financial viability of the scheme. This is a matter for the Applicant to determine and make a judgement as part of the project feasibility.

IPART, as the licencing authority, is responsible for the approval of the sewerage scheme. IPART takes into consideration the technical, organisational and financial capacity of the operator to run the scheme. The developer must do their own due diligence as to the feasibility of operating the scheme.

6.24 Biodiversity Development Assessment Report (BDAR)

The Applicant has submitted a Biodiversity Development Assessment Report (BDAR) which is satisfactory. The proposed subdivision does not have any significant biodiversity impacts.

6.25 NSW Natural Resources Access Regulator Response

The application was referred to the Natural Resources Access Regulator (NRAR) (formerly known as NSW Office of Water) due to the creek running through the land and proximity of the subdivision to McLeods Creek. The NRAR have issued their general terms of approval that can be included in any Consent that may issue.

6.26 NSW Health Response

The application was referred to NSW Health. In response, NSW Health have indicated the design of the system is considered sufficient and have provided comments that can be included in any Consent that may issue.

7.0 Conclusion

From the assessment of the proposal and the consideration of the issues raised in the submissions it is recommended that a deferred commencement Consent be issued. Draft conditions are included as Attachment F.

Strategic Direction

Key Pillar 1. Our Environment

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

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

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

ATTACHMENTS: a. Locality Plan ⇩

b. Submitted Subdivision Plan ⇩

c. Submissions (Under Separate Cover) ⇨

d. Applicant's Reponse to Submissions & Additional Information (Under Separate Cover) ⇨

e. Applicant's Reponse to NSW Health Comments (Under Separate Cover) ⇨

f. Draft Conditions (Under Separate Cover) ⇨

Ordinary Council Meeting 22 May 2019

8.1 2019/20 Operational Plan (including Making of the Rates)

SUMMARY

In February 2019, Council resolved that the Draft 2019/20120 Operational Plan be placed on public exhibition from Friday 1 March 2019 to Friday 12 April, 2019.

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

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

RECOMMENDATION

That Council

1. Adopt the 2019/20 Operational Plan as amended following consideration of the submissions received.

2. Makes the annual Ordinary Rates for 2019/20 as detailed in the following table and in accordance with the Statement of Revenue Policy within the 2019/20 Operational Plan and in accordance with Special Rate Variation awarded by the Minister for Local Government of 8.5% (inclusive of 2.7% rate peg) per annum cumulative for 4 years.

CATEGORY	SUB - CATEGORY	AD VALOREM	MINIMUM CHARGE	BASE CHARGE	INCOME
Farmland		0.0029098		$650.00	$4,218,559
Residential	Non-Urban	0.0024825		$435.50	$3,333,708
Residential	Yass	0.0043982	$664.00		$1,792,969
Residential	Binalong	0.0038028	$664.00		$129,107
Residential	Bowning	0.0038028	$664.00		$74,059
Residential	Wee Jasper	0.0038028	$664.00		$29,880
Residential	Bookham	0.0038028	$664.00		$10,624
Residential	Murrumbateman	0.0026622	$664.00		$175,336
Residential	Gundaroo	0.0018783		$360.00	$175,846
Residential	Sutton	0.0023606		$360.00	$81,256
Business	Sutton & Gundaroo	0.0024825		$435.50	$18,123
Business	Yass & Other Villages	0.0104278	$664.00		$842,278

				TOTAL INCOME	$10,881,744

3. That Council make each annual and consumption charge for water, sewer, liquid trade waste and waste for 2019/20 as detailed in the following table and in accordance with the Statement of Revenue Policy.

Description	Annual Charge	Consumption Charge (Per kilolitre)
Description	Annual Charge	Consumption Charge (Per kilolitre)
WATER CHARGES
Yass Water Availability Charge 20mm-32mm	$480.00
Murrumbateman Water Availability Charge 20mm-32mm	$360.00
Description	Annual Charge	Consumption Charge (Per kilolitre)
Description	Annual Charge	Consumption Charge (Per kilolitre)
Water Usage Charge per kilolitre for the first 5Kl per day		$3.40
Water Usage Charge per kilolitre in excess of 5Kl per day		$4.50
SEWER CHARGES
Sewer Residential Charge	$700.00
Sewer Non-Residential Charge (based on previous years	Minimum $700	$3.00
water consumption)
LIQUID TRADE WASTE CHARGE
Liquid Trade Waste Charge (per kilolitre based on water		$2.10
consumption) with appropriate pre-treatment
Liquid Trade Waste Charge (per kilolitre based on water		$17.00
consumption) without appropriate pre-treatment
WASTE MANAGEMENT CHARGES
Domestic Kerbside Collection	$397.00
Vacant Properties	$30.00
Business Waste Collection	$397.00
Waste Management Environmental Charge	$120.00
STORMWATER MANAGEMENT CHARGE
Stormwater Management Charge	$25.00
ON SITE SEWAGE MANAGEMENT CHARGE
On Site Sewer Management Charge	$33.00

4. Interest rate payable on overdue rates and charges to be set at the maximum rate specified by the Minister for Local Government at 7.5% pa.

Financial IMPLICATIONS

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

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

POlicy & Legislation

Local Government Act 1993 (as amended)

Local Government General Regulations 2005

Local Government Amendment (Governance and Planning) Act 2016

Integrated Planning and Reporting Framework

REPORT

1. Background

The Operational Plan supports the Delivery Program and sets out Yass Valley Council’s planned activities for 2019/20. The Operational Plan identifies the individual projects and activities that will be undertaken within the next financial year to achieve the actions made in the Delivery Program. The Operational Plan allocates responsibilities for each activity and identifies how their effectiveness will be measured.

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

2. Operational Plan

Council placed the Draft Operational Plan on public exhibition from 1 March 2019 to 12 April 2019. During this exhibition period, Council undertook an intensive engagement process which included 10 community ‘roadshow style’ presentations across the local government area as outlined in the Communications Plan.

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

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

A final version of the 2019/2020 Operational Plan including the proposed amendments is provided. (Attachment C).

3. Making the Rates

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

Strategic Direction

Key Pillar 5. Our Civic Leadership

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

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

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

ATTACHMENTS: a. Submissions Summary ⇩

b. Submissions (Under Separate Cover) ⇨

c. Draft Operational Plan (Under Separate Cover) ⇨

Ordinary Council Meeting 22 May 2019

8.2 Investment and Borrowings Report

SUMMARY

In accordance with the Local Government (General) Regulation 2005 (NSW) Clause 212, this report provides a summary of Council’s investments as at 30 April 2019. 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.

RECOMMENDATION

The Investment Report as at 30 April 2019 be received and it be noted that the summary has been prepared in accordance with the Act, the Regulations and Council’s Investment Policy.

Financial IMPLICATIONS

Council’s investment portfolio provides funding for some projects identified in the Operational Plan.

POlicy & Legislation

Local Government Act (1993)

Local Government General Regulation (2005)

Investment Policy GOV-POL-19.

REPORT

1. Comments on Economic Climate

The RBA left the cash rate unchanged at 1.5% in May. Global financial conditions remain accommodative. Long term bond yields are low, consistent with the subdued outlook for inflation, and equity markets have strengthened. Risk premiums also remain low. In Australia, long-term bond yields are at historically low levels and short-term bank funding costs have declined further. Some lending rates have declined recently. The Australian dollar is at the low end of its narrow range of recent times.

The central scenario is for the Australian economy to grow by around 2.75% in 2019 and 2020. This outlook is supported by increased investment in infrastructure and a pick-up in activity in the resources sector, partly in response to an increase in the prices of Australia’s exports. The main domestic uncertainty continues to be the outlook for household consumption, which is being affected by a protracted period of low income growth and declining house prices. Some pick-up in growth in household disposable income is expected and this should support consumption.

The inflation data for the March quarter were noticeably lower than expected and suggest subdued inflationary pressures across much of the economy. Over the year, inflation was 1.3% and, in underlying terms, was 1.6%. Looking forward, inflation is expected to pick up, but to do so only gradually. The central scenario is for underlying inflation to be 1.75% this year, 2% in 2020 and a little higher after that. In headline terms, inflation is expected to be around 2% this year.

2. Council Investments

Valuations of Council investments are detailed in Attachment A.

Details of investment compliance with Council’s Investment Policy are provided in the tables below.

Table 1 – Exposure by Credit Rating Type as at 30 April 2019

S&P Rating (or equivalent)	Exposure	Maximum % Invested per Policy
A1+/AAA	Nil	100%
A1/AA	84.98%	100%
A2/A	Nil	60%
A3/BBB	6.96%	30%
N/A	8.06%	Note 1

Note 1 – The TCorp Strategic Cash Facility is an allowable investment under the Ministerial Order.

Table 2 – Exposure to Single Institutions at 30 April 2019

Institution	S&P Rating (or equiv)	Exposure	Max Exposure per Policy
NAB	A1/AA	45.99%	50%
IMB	A3	6.96%	30%
CBA	A1/AA	33.18%	50%
WBC	A1/AA	5.81%	50%
TCorp	N/A	8.06%	Note 1 above

3. Council Loans

Council has four loans with an estimated 30 April 2019 value of $15.447m. It should be noted that there may be small balance variations as current balances are based on indicative payment schedules. The table below provides loan details at 30 April 2019. Indicative repayments for 2018/19 are shown for both principal and interest for all current loans. Balances will not change on a monthly basis as the most frequent repayment cycle is quarterly.

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 CL1.6 - Maximise Council’s ability to generate income

Operational Plan Activity CL1.6.3 - Review commercial activities to ensure Council is maximising returns

ATTACHMENTS: a. Investment Valuations ⇩

Ordinary Council Meeting 22 May 2019

8.3 3rd Quarter Budget Review

SUMMARY

This report represents the 3^rd Quarterly Budget Review Statement (QBRS) for the period 1 January 2019 to 31 March 2019 in the financial year ending 30 June 2019.

RECOMMENDATION

1. The 3^rd Quarterly Budget Review Statement adjustments as detailed in the attachments be adopted and the relevant income and expenditure budget adjustments be approved.

2. In accordance with the Local Government (General) Regulation (NSW) Clause 203 (2)(a), Council’s financial position as at 31 March 2019 is satisfactory, having regard to revised projected estimates of income and expenditure, and the original budgeted income and expenditure.

Financial IMPLICATIONS

Full details of the financial implications of this quarter’s QBRS are contained within the following report.

POlicy & Legislation

Local Government Act 1993

Local Government General Regulation 2005

QBRS Guidelines, Office of Local Government 2010.

REPORT

1. Background

In accordance with Clause 203 (Budget Review Statements and Revision of Estimates) of the Local Government (General) Regulations 2005:

(1) Not later than 2 months after the end of each quarter, the responsible accounting officer of a Council must prepare and submit to the Council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the Council’s Revenue Policy included in the Operational Plan for the relevant year, a revised estimate of the income and expenditure for that year.

(2) A budget review statement must include or be accompanied by:

(a) A report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure; and

(b) If that position is unsatisfactory, recommendation for remedial action.

In accordance with Clause 211 (Authorisation of expenditure) of the Local Government (General) Regulations 2005:

(1) A council, or a person purporting to act on behalf of a council, must not incur a liability for the expenditure of money unless the council at the annual meeting held in accordance with subclause (2) or at a later ordinary meeting:

(a) has approved the expenditure, and

(b) has voted the money necessary to meet the expenditure.

2. Budget Review

The Quarterly Budget Review Statement (QBRS) presents a summary of Council’s financial position at the end of the third quarter for the financial year ended 30 June 2019.

The quarterly budget review process is the mechanism through which Council and the community are informed of Council’s progress against the Operational Plan (annual budget), together with recommendations for changes and reasons for any budget variations.

The QBRS appears as Attachment A, and has been produced in accordance with the guidelines and standards issued by the Office of Local Government.

Council is provided with a breakdown of the budget and actuals by functional/service unit in accordance with Council’s Annual Financial Statements (Note 2) and key performance indicators (financial ratios). Staff have undertaken a mapping process to ensure this information is accurate.

2.1 Summary

Council’s operational revenue is currently is currently tracking $2m under budget, which is mainly a timing variance as a result of Operational grant funding payments together with the timing of water usage billing. Operational expenditure is tracking $6.7m under budget.

Capital Revenue is $2m which is under budget. This is due to the timing of the grant payments being received, as it is normally after certain milestone have been achieved. Capital Expenditure is currently $7m under budget, which is as a result of the timing of projects. Please see the Capital Works Report for a breakdown and timing of the work for 2018/19.

2.2 Operational Budget Result

As a result of this budget review, Council’s projected year end net operating result before capital items is expected to improve by $274k, moving from a deficit of $203k to a surplus of $71k for 2018/19.

2.3 Capital Budget Result

As a result of this budget review, Council’s anticipated expenditure on capital items is expected to increase by $26k to $17.059m for 2018/19 with only a minor adjustment to the Winery Trails project.

2.4 Commentary on Key Variances

Natural disaster works with a value of $2.316m have been brought into the operational budget. These works are fully funded by grants and adjustments have been made accordingly to both income and expenditure. It is expected that the Natural Disaster Works will increase the remaining useful life of our assets therefore requiring capitalisation of expendiure. The level of capitalisation will be determined on completion of works. This capitalisation will have an effect on our Income Statement prepared for our Annual Financial Statements in that there will be a reduction in operating expenditure for the amount capitalised creating an improvemen to Council’s bottom line.

There has been a $100k adjustment in expected caravan park fees and charges in line with projections based on actual income to 31 March 2019.

There has been a net $475k increase in employee benefits. This results from a $350k increase in Local Roads wages for additional road maintenance originally budgeted in capital works now being undertaken by contractors, a $90k increase in HLSS wages due to increased internal service provision (moved from contractors) and a $35k increase in casual swimming pool wages resulting from additional swimming programs. A $37k adjustment has also been made to pool income as a result of these additional programs.

There has been a $96k reduction in VIC project expenses such as the visitor guide which will not be produced in 2018/19. There has been an increase in RMS works on state roads which is estimated to result in increased net income of $66k.

An adjustment of $1.875m has been made to capital income to reflect the 2017/18 loan funding portion of the water construction project that was drawn down this year.

The profit and loss variation details also note a number of budget realignments particularly between Materials and Contracts and Other Expenses. The implementation of Council’s new software is enabling more accurate mapping across the system which will ultimately result in annual financial statements which are more in line with the budget process. It is anticipated that these budget realignments will be minimal in the 2019/20 financial year.

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 CL1.5 - Improve Council’s operating performance (operating performance ratio)

Operational Plan Activity CL1.5.5 - Review Council's Financial Reporting Framework

ATTACHMENTS: a. Q3 Budget Review Statement ⇩

1.0 Present:

Councillor Jasmin Jones (Chairperson), Sargent Stephen Pidgeon (Police), Terry Cooper (YVC), Greg Minehan (RMS), Sharon Horner (Road User Safety Officer RMS), Meryl Hinge (RSO) & Trish Rayner (Minutes).

Site Meeting : Yass Public School: 2:45pm – 3:30pm

Meeting opened : 3:40pm

2. Apologies

Nil

3. Declarations of Interest

Councillor Jones declared a non-significant and non pecuniary interest in relation to item 9.1 due to children attending school.

4. Public Participation

Nil

5. Confirmation of Minutes

RECOMMENDATION

That the minutes of the Meeting held on Wednesday 6^th February 2019 , copies of which had been circulated to all Committee members, be taken as read and confirmed.

6. Matters Arising from the Minutes

Nil

7. Matters for Information

Nil

8. Matters Considered between meetings

8.1 Various Events

Purpose Of Report

To advise the committee of matters dealt with between meetings

· ANZAC Day 2019 Dawn Service – Gundaroo

· Winery Machine Festive

· Jay’s Longest Melanoma March

RECOMMENDATION: The Committee noted the approvals.

9.0 Items Delegated to Council

9.1 Safety Concerns Yass Public School

Purpose Of Report

To report to the committee traffic concerns raised in relation to the Yass Public School

RECOMMENDATION

1. That the Council staff investigate the potential to formalise and upgrade the carparking located in and adjacent to Joe O’Connor Park

2. That RMS investigate the potential to create an additional exit to the carpark on Yass Valley Way

3. That subject to 2. Above, Council and the RMS investigate re-designing the carpark to separate the buses from the ‘parent’ parking

4. As an interim measure to improve safety that the school trial utilising all of the parallel parking in the Laidlaw Street car park for school teacher parking to prevent the need for parents/students crossing the carpark

9.2 Safety Concerns Dutton Street Yass

Purpose Of Report

To report to the committee safety concerns rasied in relation to the train lines located in Dutton Street at the intersection with Meehan Street.

RECOMMENDATION That Council staff investigate the upgrade the intersection to minimize the impact of the train lines.

9.3 Safety Concerns Monteagle Street Binalong

Purpose Of Report

To report to the committee a request received to installed a giveway sign at the intesection of Monteagle and Manning Streets Binalong.

RECOMMENDATION That Council install a give-way sign in Monteagle Street at the intersection of Monteagle and Manning Streets Binalong

9.4 Safety Concerns Guginya Place Yass

Purpose Of Report

To report to the committee a request to install a no-through road sign on Guginya Place Yass

RECOMMENDATION That Council install a no-through road sign on the street sign post for Guginya Place Yass.

9.5 Safety Concerns Scrubby Lane Jeir

Purpose Of Report

To report to the committee a request for traffic calming devices in Scrubby Lane Jeir.

RECOMMENDATION The matter be deferred until the road works for stages 3 and 4 of Jiparu development are completed and house construction has commenced.

9.6 Safety Concerns Barton Highway

Purpose Of Report

To report to the committee a request to review the posted road speed limit on the Barton Highway.

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

9.7 LATE ITEM - Safety Concerns Red Hill Road Bowning

Purpose Of Report

To report to the Committee a request to install a convex mirror on Red Hill Road Bowning.

RECOMMENDATION The installation of the convex mirror is not supported.

10. COMMITTEE MEMBER UPDATE

Purpose Of Report

To provide each committee member an opportunity to provide the Committee with an update on traffic matters as it relates to their area of responsibility

REPORT

The following updates to be provided:

· NSW Police - Nil

· RMS - Nil

· Council – Noted concern from residents in relation to safety at the intersection of Casuarina Lane and the Barton Hwy.

RECOMMENDATION

That the information be noted.

Meeting Closed: 5:30pm

NEXT MEETINGS–

· 7 August

· 6 November