Agenda of Ordinary Council Meeting - Wednesday, 27 May 2020

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Minutes of the

Ordinary Meeting of Council

Wednesday 22 April 2020

4.00pm

Council Chambers
209 Comur Street, Yass

Table of Contents

1. Prayer. 2

2. Apologies. 2

3. Declaration of Interest/Disclosures. 2

4. Confirmation of Minutes. 2

5. Mayoral Minute. 3

6. Director Planning & Environment Reports. 3

6.1 Planning Proposal - Minimum Lot Size for Low Rise Medium Density Housing. 3

6.2 Planning Proposal - Opening Business and Industrial Zones. 3

6.3 Planning Proposal - Highway Service Centre, Murrumbateman. 4

6.4 Development Application No DA190179 - Horse Arena Cover, McIntosh Circuit, Murrumbateman 4

7. Director of Infrastructure & Assets Reports. 5

7.1 Meehan Street, Yass - Footpath Replacement. 5

7.2 Fixing Country Roads - Shingle Hill Way Realignment and Replacement of Low Level Crossing. 5

7.3 Walker Park- Facilities Upgrade Project. 6

7.4 Tender Evaluation - Gundaroo Amenities Building. 6

7.5 Yass River Road - Future works topographical survey. 7

8. Director of Corporate & Community Reports. 7

8.1 Rates Arrears. 7

8.2 Investment and Borrowings Report. 8

8.3 2020/21 Draft Operational Plan. 8

8.4 Draft Financial Hardship Policy. 9

9. General Manager Reports. 9

10. Notice of Motion. 9

11. Questions with Notice. 9

12. Minutes and Recommendations of Council Committees. 9

12.1 Minutes of the Audit Risk and Improvement Committee Meeting held on 31 March 2020. 9

13. Confidential Matters. 10

13.1 Tender Evaluation - Gundaroo Amenities Building. 10

Open Forum

Presentations to Council – Items on the Meeting Agenda

· Craig McGaffin
item 6.3 – Planning Proposal – Highway Service Centre, Murrumbateman

Council Meeting - The Mayor declared the meeting open at 4.14 pm.

Present

Councillors Rowena Abbey, Mayor, in the chair, Cecil Burgess, Geoff Frost, Nathan Furry (via ZOOM), Allison Harker, Jasmin Jones, Michael McManus (via teleconference, 4.30pm), Mike Reid (via ZOOM) and Kim Turner.

Also present were the General Manager – Chris Berry, Acting Director of Planning – Liz Makin, Director of Engineering – Stan Robb, Director of Corporate & Community – Mark Eady (via ZOOM) and Corporate Planning & Executive Support Officer – Shirree Garland.

Acknowledgement of Country

1. Prayer

2. Apologies

Nil

3. Declaration of Interest/Disclosures

Councillor Harker declared a significant, pecuniary conflict of interest in Item No 6.3 Planning Proposal – Highway Service Centre, Murrumbateman and stated that she believed her interest would preclude her from voting.

Reason: Councillor Harker declared an interest as she is related to the owners.

Councillor Harker declared a non-significant, non-pecuniary conflict of interest in Item No 7.5 Yass River Road – Future Works Topographical Survey and stated that she believed her interest would not preclude her from voting.

Reason: Councillor Harker declared an interest as she resides on Yass River Road.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 25 March 2020, resolution numbers 26-51 inclusive, be taken as read and confirmed.

(Frost/Harker) 52

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

AGAINST: Nil

ABSENT: Councillor M McManus

5. Mayoral Minute

6. Director Planning & Environment Reports

6.1 Planning Proposal - Minimum Lot Size for Low Rise Medium Density Housing

SUMMARY

To present the outcomes of the public exhibition of the Planning Proposal seeking an amendment to the Yass Valley LEP 2013 by including minimum lot size provisions for dual occupancies and multi-dwelling houses in certain land use zones.

RESOLVED that :

1. The Planning Proposal (PP.2018.05) to include minimum lot sizes provisions for low rise medium density housing be adopted.

2. The Department is requested to make the amendment to the Yass Valley LEP 2013.

(Jones/Turner) 53

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

AGAINST: Nil

ABSENT: Councillor M McManus

6.2 Planning Proposal - Opening Business and Industrial Zones

SUMMARY

To present the outcomes of the public exhibition of the Planning Proposal seeking an amendment to the Yass Valley Local Environmental Plan (LEP) 2013 by amending the land use table structure for the B1 Neighbourhood Centre, B2 Local Centre, B5 Business Development, B6 Enterprise Corridor, IN1 General Industrial and IN2 Light Industrial zones, from ‘closed’ to ‘open’ zones.

RESOLVED that :

1. The Planning Proposal - Business and Industrial Zones: Closed to Open (PP.2019.03) be adopted and the amendment to the Yass Valley LEP 2013 be made by Council as a local plan-making authority under s3.36 Environmental Planning & Assessment Act 1979.

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

(Frost/Burgess) 55

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

AGAINST: Nil

ABSENT: Councillor M McManus

At 04:22 pm Councillor Harker left the Chambers prior to the consideration of Item 6.3.

6.3 Planning Proposal - Highway Service Centre, Murrumbateman

SUMMARY

To present a report on a draft Planning Proposal seeking an amendment to the Yass Valley Local Environmental Plan (LEP) 2013 for a Highway Service Centre at Barton Highway, Murrumbateman.

RESOLVED that :

1. Planning Proposal PP.2020.01 for a Highway Service Centre, Barton Highway, Murrumbateman be endorsed subject to the preparation of a Traffic Impact Assessment report and forwarded to the Minister for Planning to request a Gateway determination pursuant to s3.34 Environmental Planning & Assessment Act 1979.

2. Planning Proposal PP.2020.01 be adopted if no significant objections are received after the public exhibition of the planning proposal pursuant to the conditions of Gateway determination in accordance with s3.34(2)(c) Environmental Planning & Assessment Act 1979.

(Frost/Burgess) 54

FOR: Councillors R Abbey, C Burgess, G Frost and M Reid

AGAINST: Councillors N Furry, J Jones and K Turner

ABSENT: Councillor McManus

At 4:30 pm Councillor Harker returned to the Chambers.

Councillor McManus joined the meeting via teleconference at 4.30pm.

6.4 Development Application No DA190179 - Horse Arena Cover, McIntosh Circuit, Murrumbateman

SUMMARY

To present a request for a review of determination in relation to Development Application No DA190179 for a horse arena cover at McIntosh Circuit, Murrumbateman. The request seeks a review of Council’s decision to refuse the Development Application and has included a revision to the proposal with a smaller horse arena cover. .

RESOLVED that in consideration of the request for review of determination a Conditional Development Consent be issued for the revised proposal of a 1,440m² horse arena cover at Lot 3 DP 1257138, McIntosh Circuit, Murrumbateman.

(Jones/Harker) 56

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

AGAINST: Nil

7. Director of Infrastructure & Assets Reports

7.1 Meehan Street, Yass - Footpath Replacement

SUMMARY

Two sections of footpath in Meehan Street, Yass has been identified as requiring urgent rehabilitation works. The sections of footpath, between the intersection of Comur Street and Rossi has been badly effected by roots from the adjacent trees, lifting sections of the concrete footpath and creating trip step hazards for pedestrians, mobility impaired persons and others.

RESOLVED that funding of $45,000 for the replacement of the two sections of footpath identified in this report on the ‘eastern’ side of Meehan Street, Yass and the associated removal of existing unsuitable street trees and their replacement, be referred to the Quarterly Budget review process.

(Frost/Furry) 57

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

AGAINST: Councillor M McManus

7.2 Fixing Country Roads - Shingle Hill Way Realignment and Replacement of Low Level Crossing

SUMMARY

Advice has been received of a successful grant for $3,600,053 under the NSW Fixing Country Roads Grant Program 2019 Tranche 1 for the realignment and replacement of a low level crossing on Shingle Hill Way. This project will provide an upgrade to a sub-standard section of the significant east-west link across the region.

RESOLVED that :

1. The grant for $3,600,053 under the NSW Fixing Country Road Grant Program 2019 Tranche 1 be accepted for the realignment and replacement of a low level crossing on Shingle Hill Way, Sutton.

2. A $400,000 Council contribution be allocated from the Development Contributions Reserve as required by the grant approval.

3. The project be included in the draft 2020/21 Operational Plan.

4. At the completion of the project the current 10 tonne load limit on Shingle Hill Way is removed and the route be made available for HML vehicles.

(Burgess/Turner) 58

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

AGAINST: Nil

7.3 Walker Park- Facilities Upgrade Project

SUMMARY

Council secured funding under the Community Sport Infrastructure Grant to undertake improvements at Walker Park. Part of the improvements is constructing a covered grandstand. The allocated portion of the grant does not meet the required funding to construct a grandstand that will comply with Building Code of Australia (BCA) requirements and advice from Yass Rugby League (YRL) in respect to covered seating capacity requirements for them to host games at this venue. Significant additional funding are required to construct this facility to meet these requirements.

RESOLVED that :

1. $400,000 be allocated from the Development Contributions Reserve to construct the revised Grandstand, a new mobility impaired amenities building and associated access to this building.

2. The users of the proposed facilities be consulted on the revised design prior to any planning and building approvals being issued.

3. The final design be reported back to Council for approval.

(Furry/Harker) 59

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

AGAINST: Nil

7.4 Tender Evaluation - Gundaroo Amenities Building

SUMMARY

This report provides advice on the submission of tenders for the construction of a proposed new amenities building at Gundaroo Recreation Ground under the Stronger Country Communities Fund Round One funding allocation.

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

(Burgess/Harker) 60

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

AGAINST: Nil

7.5 Yass River Road - Future works topographical survey

SUMMARY

This project is undertake a topographical survey of the full length of Yass River Road between Yass Valley Way and Gundaroo Road to assist in the identification of potential future projects and upgrades associated with the road structure in preparation for possible future State and Federal ‘shovel ready’ funding opportunities .

That

1. A report be brought back to Council with a priority list of roads, including Yass River Road, for consideration of topographical surveys.

2. $250,000 from the Development Contribution Reserve be included in the 2020/21 Budget for topographical surveys.

(Jones/Reid) 61

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

AGAINST: Councillor M McManus

8. Director of Corporate & Community Reports

8.1 Rates Arrears

SUMMARY

To provide an update on rate arrears to the end of the third quarter of the 2019/20 financial year.

Rate arrears totalled $1,289,675.96 as at 30 June 2019 and this has now been reduced to $329,868.14 as of 31 March 2020. This represents an improvement of $959,807.82 or 74.42%.

RESOLVED that the report on rate arrears be noted.

(Frost/Turner) 62

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 Clause 212 Local Government (General) Regulation 2005, this report provides a summary of Council’s investments as at 31 March 2020. 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 2020 be received and it be noted that the summary has been prepared in accordance with the Act, the Regulations and Council’s Investment Policy.

(Harker/Frost) 63

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

AGAINST: Nil

8.3 2020/21 Draft Operational Plan

SUMMARY

Council has used the Regional Community Strategic Plan (CSP) and the 2017/18 – 2020/21 Delivery Program to prepare its 2020/2021 Operational Plan. This plan encompasses the 4^th year of the 4 year Delivery Program which clarifies the point where Council takes ownership of the Community Strategic Plan strategies that are within its area of responsibility.

Council’s Draft Operational Plan 2020/21 supports the Delivery Program and details the individual projects and activities that will be undertaken for 2020/21 to achieve the commitments made in the Delivery Program.

RESOLVED that :

1. The Draft Operational Plan 2020/2021 be placed on public exhibition.

2. The staged installation of solar generated electricity for Council facilities be added to the Infrastructure Planning Priorities.

3. A report on modelling of a $400,000 loan against the OLG benchmarks for financial sustainability be prepared for Council consideration on the staged installation of solar electricity generating facilities at Council facilities.

4. $50,000 be added to the 2020/2021 Operational Plan for new footpaths and a program of priority works be brought back to Council for consideration.

(Jones/Reid) 64

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

AGAINST: Nil

8.4 Draft Financial Hardship Policy

SUMMARY

This draft Council Policy is an update of a current Policy to ensure timely responses to a range of requests for assistance due to financial hardship including widespread disruptive community events. The current Policy and its related application form had been developed primarily for rates relief for pensioners and other in receipt of government benefits.

RESOLVED that the draft Financial Hardship Policy be placed on public exhibition and adopted if no significant submissions that impact on the operation of the Policy are received.

Frost/Turner) 65

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

Nil

10. Notice of Motion

Nil

11. Questions with Notice

Nil

12. Minutes and Recommendations of Council Committees

12.1 Minutes of the Audit Risk and Improvement Committee Meeting held on 31 March 2020

RESOLVED that:

1. The Minutes of the Meeting of the Audit Risk and Improvement Committee held on 31 March 2020 be noted.

2. Council write to the Minister for Local Government outlining concerns on the lack of Councillor representation on the future Audit Risk and Improvement Committees.

(Harker/Furry) 66

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

AGAINST: G Frost

13. Confidential Matters

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

13.1 Tender Evaluation - Gundaroo Amenities Building

Item 13.1 is confidential in accordance with section s10(A)(2)(di) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

(Burgess/Turner) 67

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

AGAINST: Nil

Closed Council commenced at 5.38 pm.

13.1 Tender Evaluation - Gundaroo Amenities Building

SUMMARY

RESOLVED that the lump sum tender of $575,818.18 (ex GST) from Gundagai Construction Services be accepted for the construction of the new amenities building at Gundaroo subject to:

1. Additional funding of $236,500 being allocated under Council’s 2020/21 budget for the construction of the new amenities building at Gundaroo, and

2. Gundagai Construction Services confirmation, in writing, that delaying the start of the contract to 1 July 2020 will not incur additional costs to Council.

(Burgess/Frost) 68

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

AGAINST: Nil

RESOLVED that the meeting move into Open Council.

(Harker/Jones) 69

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

AGAINST: Nil

Open Council resumed at 5.41 pm.

RESOLVED that the recommendations in Closed Council be adopted.

(Furry/Turner) 70

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

AGAINST: Nil

The meeting closed at 5.42 pm.

Rowena Abbey
Mayor

Ordinary Council Meeting 27 May 2020

6.1 Local Strategic Planning Statement

SUMMARY

To present the outcomes of community and agency consultation of the Local Strategic Planning Statement (LSPS) for the Yass Valley and to recommend adoption.

RECOMMENDATION

That the revised Local Strategic Planning Statement be adopted and made as required under s3.9 Environmental Planning & Assessment Act 1979.

Financial IMPLICATIONS

Nil.

POlicy & Legislation

· Environmental Planning & Assessment Act 1979

· South East & Tablelands Regional Plan 2036

· Southern Tablelands Regional Economic Development Strategy 2018-2022

· ACT Planning Strategy 2018

· Tablelands Regional Community Strategic Plan

· Yass Valley Settlement Strategy 2036

· Enabling Adaptation in the South East: Vulnerabilities in the South East 2017

· ACT-NSW Memorandum of Understanding for Regional Collaboration

REPORT

1. Background

Under the EP&A Act 1979 Councils are required to prepare a Local Strategic Planning Statement (LSPS). The Department of Planning, Industry & Environment (DPIE) encouraged Council to use the Department’s endorsement of the Yass Valley Settlement Strategy as a basis for developing a LSPS for Yass Valley and to further articulate Council’s vision for the Local Government Area.

The EP&A Act 1979 requires the LSPS to include or identify:

(a) The basis for strategic planning in the area, having regard to economic, social and environmental matters

(b) The planning priorities for the area that are consistent with any strategic plan applying to the area and (subject to any such strategic plan) any applicable community strategic plan under s402 Local Government Act 1993

(d) The basis on which the council is to monitor and report on the implementation of those actions

In October 2019 Council determined to place a draft LSPS on public exhibition for wider community comment.

2. Public Exhibition

The draft LSPS was placed on public exhibition from 30 October 2019 to 29 November 2019. Five submissions were received from government agencies along with three community submissions. The issues raised are discussed below.

3. Agency Consultation

Despite the draft LSPS being circulated to a large number of State agencies, minimal feedback was received. It is been assumed that the agencies who did not respond have no objection to the draft LSPS, especially as many of them were consulted as part of the Settlement Strategy.

3.1 ACT – Environment, Planning and Sustainable Development Directorate

The Directorate submission (refer Attachment A) advises that:

· It is supportive of the overall direction of the LSPS and have suggested amendments to strengthen the statement

· A number of actions will be progressed in accordance with the ACT-NSW MOU for Regional Collaboration including discussions around securing an additional water supply for Yass and Murrumbateman, and establishing a cross border land and housing monitor. The cross border service framework for Parkwood is in the process of being finalised

· The current population of Yass Valley be included (in addition to the projections) and clarity that the projections are dependent on securing an alternative water supply

· An additional principle under ‘Our Growth Principles’ be included to address the pressure within 5km of the NSW- ACT border

· Clarification of the growth principle be provided regarding development of land adjacent to the ACT-NSW border (that can only be entered into from the ACT).

· Adding clarity around the Planning Priority in relation to residential intensification and make it clear that residential development will not be supported in close proximity to the border, especially within the 5km distance. Also requested that an additional action be included to discourage residential development in this area together with a clearer explanation of what residential intensification constitutes

This feedback is noted and changes have been made to the LSPS. With regard to modifying and adding an additional Growth Principle, these were taken directly from the Settlement Strategy to ensure alignment between the documents.

3.2 Heritage NSW – Premier & Cabinet

Heritage NSW advised that they are generally supportive of the LSPS and have requested that it be updated to reflect recent changes in agency responsibility for Aboriginal Cultural Heritage (refer Attachment B).

The agency also suggests consideration be given to the following:

· How Aboriginal cultural heritage and cultural landscapes can be protected in LEP’s

· Linkages between culture, heritage and tourism, and the opportunities culture and heritage bring for economic growth

· Further articulating heritage as it relates to the character of an area

· Linkages between actions and priorities, for example ways in which heritage and culture contribute to attractive and liveable places, as well as employment and community wellbeing

This feedback is noted, and additional actions have been added. With regard to articulating the character of the area, as this was done within the Yass Valley Settlement Strategy, it was not considered necessary to duplicate the information.

3.3 Agriculture - Department of Primary Industries

The Department recommends that the LSPS include some discussion around opportunities for producers and visitor experiences and how competing land uses can be managed (refer Attachment C). In particular promotion of agricultural innovation and value adding, and better managing the rural residential interface to support agriculture.

The feedback is noted, and some additional actions have been added where relevant.

3.4 Biodiversity and Conservation - Department of Planning, Industry & Environment

DPIE (Biodiversity and Conservation) has provided guidelines/templates for biodiversity, natural hazards, climate change, waste and resource recovery and Aboriginal cultural heritage to be applied as they relate to Council’s strategic planning priorities. There was also a discussion around making sure existing work being undertaken was captured, particularly with regard to flood planning.

Reference was also made to previous advice provided in relation to the Yass Valley Settlement Strategy in particular their support for the policy of restricting large scale residential development adjacent to the NSW- ACT border.

Taking the guidelines into consideration additional actions have been incorporated into a revised LSPS particularly to recognise work already being undertaken by Council or where it has an obligation to do so. An additional priority to incorporate natural hazards planning has also been included.

3.5 Department of Planning, Industry & Environment

DPIE provided feedback on the draft LSPS, particularly around timeframes, tightening up some of the actions and linking the principles to the priorities.

DPIE has sought the addition of the directions from the SE&T Regional Plan into the LSPS. This is considered to be unnecessary as it duplicates regional planning policy within the LSPS. However priorities in the SE&T Regional Plan relating to Yass Valley have been included. The suggestion of an additional vision has not been included as preference has been given to the CSP vision and the adopted Settlement Strategy.

4. Community Consultation

Three submissions were received. A summary of the matters raised and the planning response are discussed below.

3.1 Property Council of Australia

The PCA submission (refer Attachment D) indicates:

· Support for securing an alternative water supply for Yass and Murrumbateman

· Support for protecting the corridor of land adjacent to ACT

· Support for Parkwood and collaboration between jurisdictions

· Council is encourage to identify costs linked to new infrastructure/ upgrades so they can be factored into investment decisions

· Supports opening up zones in LEP to encourage tourism and employment activity

· Timelines be incorporated for each action in LSPS (i.e. short, medium or long term timeframes)

The LSPS has been revised to add a timeframe of each action.

3.2 5km NSW ACT Border Zone Planning Group Inc and Mulligans Flat Road landowner

These submissions (refer Attachment E) make the following comments:

· Yass-Murrumbateman centric development approach

· Conflicts of interest with Councillors, ACT Government, and Consultants appointed to undertake the Settlement Strategy

· LSPS should provide for a peri-urban area around the ACT border

· Do not agree with the justification for supporting ad hoc development such as Parkwood

· The document is anti- competitive. Other landowners should be given same opportunity to develop their land

· Parkwood is the most environmentally sensitive area adjacent to border yet is earmarked for development

· Yass and Murrumbateman are too distant for Canberra workers

· Rural residential housing demand is identified in SE&T Regional Plan Direction 25

· Suggests an alternative for development adjacent to the border (i.e. Yass Valley to be integrated with Canberra (borderless) and Sutton to become a major town

· Makes comparisons with Queanbeyan Palerang Regional Council style of rural residential development and argues that land is better managed in smaller lots

· No alternative water supply to support growth in Yass and Murrumbateman

These issues were raised, considered and set aside as part of the Yass Valley Settlement Strategy. There continues to be a misinterpretation regarding the SE&T Regional Plan, particularly Direction 25. While it identifies that Yass Valley is experiencing pressure for lower density or semi-rural housing it does not suggest that Council should support them, stating these proposals could undermine sustainable urban outcomes from identified new urban areas and place undue pressure on infrastructure capacity. Given neither Council nor the ACT or NSW governments support revisiting the position established by the Settlement Strategy in regard to border adjacent development, no further discussion is required at this stage.

5. Conclusion

The draft LSPS has been amended to include the feedback from agencies, together with specifying timeframes for actions. It recognises and builds on the recent work done through the Yass Valley Settlement Strategy and the community and agency consultation undertaken at that time, and is included as Attachment F. The revised LSPS is suitable for adoption.

Strategic Direction

Key Pillar 1. Our Environment

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

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

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

ATTACHMENTS: a. ACT Response ⇩

b. Heritage NSW Response ⇩

c. DPI Agriculture Response ⇩

d. Property Council Submission ⇩

e. Community Submissions ⇩

f. Revised Local Strategic Plannng Statement ⇩

Ordinary Council Meeting 27 May 2020

6.2 Planning Proposal - 80 Murrumbateman Road, Murrumbateman

SUMMARY

To present a report on a draft Planning Proposal seeking an amendment to Yass Valley LEP 2013 for 80 Murrumbateman Road, Murrumbateman. The draft Planning Proposal is lodged in conjunction with a Development Application for subdivision of the subject land however this will only be determined if the Planning Proposal is successful.

RECOMMENDATION

That:

1. Planning Proposal for 80 Murrumbateman Road (PP.2020.02) be endorsed and forwarded to the Minister for Planning and Public Spaces to request a Gateway determination pursuant to s3.34 Environmental Planning & Assessment Act 1979

2. Planning Proposal (PP.2020.02) be adopted if no significant objections are received after the public exhibition of the Planning Proposal pursuant to the conditions of Gateway determination in accordance with s3.34(2)(c) Environmental Planning & Assessment Act 1979

Financial IMPLICATIONS

Resources for assessment of planning proposals are provided for in the current Operational Plan.

POlicy & Legislation

· Yass Valley Local Environmental Plan 2013

· Yass Valley Settlement Strategy 2036

REPORT

1. Introduction

The Yass Valley Settlement Strategy 2036 was adopted in August 2017. The Strategy sets a direction and a framework for the consideration of future development within the Yass Valley particularly Yass and Murrumbateman. It is estimated that the population of Murrumbateman will increase 6,552 people by 2036 with an ultimate population of 10,000 people.

The land identified in the Strategy for future growth in Murrumbateman is shown in Attachment A.

2. Planning Proposal

A draft Planning Proposal has been received (refer Separate Enclosure) seeking to amend the zoning and minimum lot size for land at 80 Murrumbateman Road, Murrumbateman.

The subject land is located east of Murrumbateman village, nearly 650 metres to the south-west of the Murrumbateman Road and Barton Highway intersection. The subject land has an area of 18.4ha and fronts Murrumbateman Road. The proposed Murrumbateman bypass abuts the subject land. The locality of the site is shown in the following diagram.

Site Location and Proposed Barton Highway Bypass

The site is currently used for grazing purposes with an existing dwelling, farm buildings and dams. A mature shelter belt planting surrounds the site and there is planting within the curtilage of the existing dwelling.

The land to the north east of the subject site is characterised as rural residential while the land to the west and south is agricultural. Land to the immediate west of the bypass has been acquired by TfNSW.

The subject land is zoned RU4 Primary Production Small Lots with a minimum lot size of 16 ha under Yass Valley LEP 2013. The draft Planning Proposal is intended to amend the LEP by:

· Rezoning the land from RU4 Primary Production Small Lots to R5 Large Lot Residential

· Changing the minimum lot size from 16 ha to 2ha

The draft Planning Proposal would enable the creation of nine rural residential lots. A Development Application for the subdivision of the site (refer Attachment C) has been lodged with the draft Planning Proposal and will only be determined if the Planning Proposal is successful.

2.1 Site Analysis

Ecological Value

A Biodiversity Development Assessment Report submitted with the proposal indicates:

· The continuous use for grazing and cropping have substantially modified the vegetation cover and have degraded the habitat value for native flora and fauna, including threatened species. The remainder of the woody vegetation is a mix of planted native and exotic species wherein only four mature remnant trees were identified on the subject land.

· The survey results have not shown any evidence of the presence of any significant flora and fauna habitat or threatened species listed under the NSW Biodiversity Conservation Act 2016 and the Commonwealth Environment Protection & Biodiversity Conservation Act 1999. The proposed development would not have any significant impact on the biodiversity value of the site.

Flood Prone Land

A small portion of land located north-west of the subject land is identified as flood prone land as indicated in the following diagram.

Map showing portion of site affected by flood

The area of land affected by a flood will not have any major impact on the proposed development nor will it have any major impact on the flood behaviour in the adjacent and adjoining land. To ensure dwellings are flood free appropriate measures can be determined as part of the subdivision design and future dwelling assessments.

Bush Fire Prone Land

A Bushfire Assessment Report indicates that:

Given the low threat grassland setting, the close proximity to surrounding managed land, the relatively flat topography and ample opportunity to provide setbacks for future residents, the overall threat potential of the site can be described as low.

The proposed development is deemed capable of complying with the specific and broad objectives of the Planning for Bushfire Protection (2019) and the requirements of the Rural Fire Regulations 2013.

Land Contamination

A Preliminary Site Investigation Report has been prepared which concludes that there is no indication of potential contamination within the subject site with the exception of a 15,000 litre underground diesel storage system immediately adjacent to the existing dwelling. The tanks age, lack of independent monitoring and the proximity to the dwelling, catchment and groundwater wells poses an environmental risk.

The report recommends that the UPSS be decanted and removed and the area remediated. This can be required as part of any subdivision approval that may issue should the Planning Proposal be successful.

Heritage

A Heritage Assessment concludes that neither the subject site nor adjacent land contain any items of historical significance.

A detailed Aboriginal Cultural Heritage Assessment Report indicates no further Aboriginal heritage investigations are required.

3. Strategic Planning Assessment

The proposed amendment is consistent with the recommendation of the South East & Tablelands Regional Plan 2036 and the Yass Valley Settlement Strategy 2036.

The draft Planning Proposal is consistent with the following directions set in the Regional Plan:

· Direction 25: Focus Housing Growth in Locations that Maximise Infrastructure and Services

The proposal would create an opportunity for housing in proximity to Murrumbateman village with existing infrastructure, services and community facilities.

· Direction 24: Deliver Greater Housing Supply and Choice

The proposal will add to the diversity of residential lots in Murrumbateman. Dwellings and dual occupancies would be permissible on the proposed lots if the Planning Proposal is approved adding to housing choice and diversity.

· Direction 8: Protect Important Agricultural Land

The release of the subject land for residential purposes would have no significant impact on agricultural land. Any potential land use conflict at the interface with existing agricultural lands, can be managed through subdivision design.

The draft Planning Proposal is consistent with the Settlement Strategy that sets the future direction of growth for Yass Valley. The Strategy has identified the site for rezoning from RU4 Primary Production Small Lots to R5 Large Lot Residential with a reduced minimum lot size of 2ha from the existing 16ha.

4. Conclusion

The proposal is consistent with the regional and local strategic planning directions for future growth and the proposal is considered to have sufficient merit to progress through the Gateway process to allow further consideration.

It is recommended that the draft Planning Proposal be endorsed and is forwarded to the Minister for Planning and Public Spaces to request a Gateway determination. The Minister’s Delegation to make the amendment as local plan-making authority should also be sought.

Strategic Direction

Key Pillar 1. Our Environment

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

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

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

ATTACHMENTS: a. Future Growth for Murrumbateman ⇩

b. Draft Planning Proposal (Under Separate Cover) ⇨

c. Proposed Subdivision ⇩

Ordinary Council Meeting 27 May 2020

6.3 Development Consent No DA190157 - Residential Subdivision, 141B Rossi Street, Yass

SUMMARY

To present a request for a review of the determination of Development Consent No DA190157 for a residential subdivision of 141B Rossi Street, Yass. Specifically the request seeks review of conditions imposed relating to the upgrade of a right of way and fencing.

RECOMMENDATION

That:

1. The bitumen seal requirement of the Right of Way is necessary to address an impact of the development and is a valid condition. The request for removal is not supported.

2. The width of the Right of Way be reduced from 7m to 4.5m and the requirement for a cul-de-sac is removed.

3. The fencing standard be reduced from ‘rural-residential’ to ‘rural’ in accordance with Council’s Non-Urban Fencing Policy, but that the request to use plain wire only is not supported.

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

· State Environmental Planning Policy (Infrastructure) 2007

· Yass Valley Local Environmental Plan 2013

· Yass Valley Community Engagement Strategy

· Yass Valley Development Contribution Plan 2018

· Road Standards Policy

· Non-Urban Fencing Policy

· Application Assessment and Decision Making Policy

REPORT

1. Application Details

Date DA Received	-	4 September 2019
Date of Determination	-	21 January 2020
Date Review Received	-	11 March 2020
Land	-	141B Rossi Street, Yass
Area	-	10.5ha
Zoning	-	R5 Large Lot Residential

2. Site Description and Locality

The site is located at the western end of Rossi Street and adjoins a Yass River public reserve. The area is characterised by rural residential development at the urban interface. The subject land contains a dwelling house and outbuildings, with all proposed lots gaining access via the existing right of way from Rossi Street which is currently unsealed. A Locality Plan is included in Attachment A.

3. Proposal

Development Consent was granted in January 2020 for a three lot rural-residential subdivision of 141B Rossi Street, Yass (refer Attachment B). Consent conditions included requirements for:

· The upgrade of the existing right of way (RoW) to a 7m width, cul-de-sac and two-coat bitumen seal

· Erection of stock-proof fencing to boundaries of lots

The Applicant has since lodged a review request in relation to these conditions, specifically:

· For the standard of upgrade of the right of way to be reduced to a 4.5m width, no cul-de-sac, and gravel only

· Replace the stock-proof fencing condition to wire fencing only

A copy of the Applicant’s request is included as Attachment C.

4. Public Exhibition

The original Development Application was notified to nearby and adjoining landowners and two submissions were received. The key issues raised in the submissions related to the standard of the right of way and dust impacts, and the property street numbering.

As the review request relates to conditions imposed in response to the submissions, the two persons who made earlier submissions were advised of the review and provided opportunity for additional comment. One submission in relation to the review was received.

A copy of the original submissions received and additional comments in relation to the review are included as Attachment D.

5. Assessment

A review of the original assessment and determination has been undertaken. The following is a response to the requirements that are subject to the review request:

5.1 Upgrade of Right of Way

The Consent conditions require the RoW to be upgraded to a 7m width with a cul-de-sac and a two-coat bitumen seal.

The submissions received detailed that Council had previously required the RoW to be sealed when the dwelling was constructed, however this was later relaxed as it was considered too onerous in relation to a single dwelling. Furthermore, one of the submissions details that the existing traffic along the RoW is already creating a dust problem and this has been exacerbated since a row of trees which acted as a buffer have been removed due to proximity to electricity infrastructure. The submissions suggest that the increased traffic generation as a result of two additional lots will significantly increase the impact.

A single dwelling in an urban locality generates approximately nine vehicle movements per day. In this regard, two additional lots with a single dwelling on each will result in 18 additional movements. This effectively doubles the traffic generation from existing.

A requirement for the RoW to be bitumen is necessary and appropriate in response to the additional dust impact. Council’s Road Standards Policy stipulates that RoWs in the ‘urban environment’ must be either sealed or concrete, although does not clarify which zones are considered to be urban. The subject land is in a R5 Large Lot Residential zone and is on the interface of the urban area. It should be noted that in September 2015 Council determined to require the sealing a driveway in Dairy Place, Yass to minimise dust. This site is not dissimilar to the current property. Accordingly the request to remove the bitumen seal requirement should not be supported.

The RoW is owned by Council but provides rights of access only to those properties directly adjoining. The 7m width and cul-de-sac requirement was imposed as though the RoW was a public road. The RoW is not a public road but a private access. Accordingly a reduction to a 4.5m width and deleting the cul-de-sac is consistent with the requirements of the Road Standards Policy.

A Consent condition however should be added which requires the 88B instrument to have terms prescribing a mechanism for ongoing maintenance and dispute resolution.

5.2 Fencing

The Consent conditions include a requirement for boundary fencing to be upgraded to a rural-residential standard in accordance with Council’s Non-Urban Fencing Policy. This standard includes a tight wire netting and it used in rural residential areas to both contain stock and also reduce the escape or entry of domestic animals.

The Applicant has requested that this standard be relaxed, suggesting that the area is a known wildlife corridor and that any fencing would soon become damaged. The additional submission received in response to the review has stated that they expect that the fencing for the subdivision should comply with Council’s policy standard, suggesting that wildlife such as kangaroos are able to adjust (as they have done with other development in the locality), and that stockproof fencing is necessary for protection and the health of the riverbank.

Plain wire fencing with no netting or barbs could be an appropriate option where there is a large amount of wildlife, however this site is not considered to be any more of a wildlife corridor than many other similar sites.

The policy sets the standard to which fencing to new lots should be constructed and has been generally applied in a consistent manner at subdivision. The correct fencing standard has been applied in the condition and it is not considered that there is sufficient basis to adopt a standard of just plain wire in this instance. A reduction from the rural-residential standard (wire netting) to rural standard (ring lock) is considered reasonable however given the generous lot sizes and the existing fencing standard in the locality. In relation to concerns for wildlife in the locality, the use of plain wires on top rather than barbed wires is appropriate.

6. Conclusion

From consideration of the review request and of the submissions received, it is concluded that:

· The bitumen seal requirement of the RoW is necessary to address an impact of the development, is a valid condition, and the request for removal should not be supported.

· The width of the RoW can be reduced from 7m to 4.5m and the requirement for the cul-de-sac can be deleted. This will still achieve compliance with the minimum requirements of Council’s Road Standards Policy.

· The site is not considered to be any more of a wildlife corridor than other similar sites and that the Non-Urban Fencing Policy is generally applied in a consistent manner. Reducing the fencing standard from ‘rural-residential’ to ‘rural’ is however reasonable and the use of plain top wires rather than barbed is considered wildlife friendly. The request to use of plain wire only is not supported in this instance.

Draft amended conditions are included in Attachment E.

Strategic Direction

Key Pillar 1. Our Environment

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

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

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

ATTACHMENTS: a. Locality and Notification Plan ⇩

b. Approved Plan of Subdivision ⇩

c. Review Request ⇩

d. Submissions ⇩

e. Draft Amended Conditions ⇩

6.3 Development Consent No DA190157 - Residential Subdivision, 141B Rossi Street, Yass

Attachment e Draft Amended Conditions

DA190157 - Amended Draft Conditions – 141B Rossi Street

· Amend Condition (1) in Part B and Conditions (3) and (6) in Part F

· Add Condition (13) in Part F

· Renumber Conditions (14) and (15) in Part F

PART A - GENERAL CONDITIONS

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

This will require the Form 28 to be filled out and submitted to Council.

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

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

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

· Australian Standards and

· AustRoads

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

(6) If Aboriginal sites or objects are identified during works associated with the subdivision, all work must cease and NSW Office of Environment and Heritage (OEH) is to be contacted immediately (131 555).

PART B - PRIOR TO ISSUE OF ENGINEERING CONSTRUCTION CERTIFICATE

(1) Engineering drawings for the provision of access to each lot must and the upgrade of the right of way (RoW) 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.

The RoW is to be upgraded with a two-coat bitumen seal. (Amended 27 May 2020)

(2) Engineering drawings associated with the supply of water shall be submitted to Council’s Engineering Department for approval in accordance with the Water Supply Code of Australia.

Note:

· Water reticulation mains shall be designed and laid in accordance with the Water Supply Code of Australia.

· All reticulation mains shall be of MPVC, PN 16, S2 except at road crossings. Road crossings shall be DICL pipe class PN 35. Minimum diameter shall be 100 mm.

· All water mains in cul-de-sac locations shall be looped, unless otherwise instructed by Council.

· All valves shall be anti-clockwise closing and shall conform to Council standards.

· All water mains shall be tested in accordance with Council requirements.

· All property services shall be with copper pipes of 25 mm diameter as per plumbing standards.

· All meter cocks of each property service shall be installed at 200mm – 300mm below finished ground level and shall be covered with meter boxes. Meter boxes will be supplied by Council.

· Tapping saddle, main cock and meter cock shall meet Council requirements.

· Connection shall be made to the existing 100mm water main at Rossi the Developer’s cost.

PART C - PRIOR TO WORKS COMMENCING

(1) The person having the benefit of this Development Consent must provide at least two days’ notice to Council of their intention to commence subdivision work. This will require Form 131 to be submitted to Council.

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

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

· Current plant / vehicle insurances

· A certified traffic control plan for the proposed works

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

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.

(4) The amount of filling material imported to the site for works associated with this approval (e.g. road upgrade) must be limited to 100m³unless otherwise approved by Council. If the amount of filling for works associated with this approval is greater than 100m³ details on the volume of material and number of truck movements must be submitted to Council.

PART D – INSPECTIONS

To arrange an inspection with Council please use the on-line booking system:

yassvalley.nsw.gov.au > Our Services > Planning and Building > Certification and Inspections > Inspections

If Council undertakes the inspection, the fee per inspection will be levied in accordance with Council’s Fees and Charges, relevant at the time of payment.

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

Access and RoW

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

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

(d) Completion of two coat bitumen seal RoW

Fencing

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

Water

(f) Installation of water main – prior to backfilling

(g) Installation of each service connections – prior to backfilling

(h) Pressure testing of water mains and service connections

(i) Closing of main cocks after satisfactory completion of pressure testing of water mains and service connections

(2) An inspection is to be undertaken by Council’s Planning Division or an accredited bushfire consultant to ensure water, electricity, gas and accesses comply with Section 4.1.3 of Planning for Bushfire Protection 2006.

(3) An inspection must be undertaken by the Local Control Authority to determine the status of weeds on each proposed lot.

PART E – BUSHFIRE PROTECTION

(1) Installation of any water, electricity and gas services proposed by this application are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

(2) Construction of any property access roads proposed by this application shall comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.

PART F - 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) 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.

(3) The right of way (RoW) must be constructed in accordance with Council’s Road Standards Policy RD-POL-09 and per the approved Engineering Construction Certificate. (Amended 27 May 2020)

Note: The RoW is to be upgraded with a two-coat bitumen seal.

(4) A property identification street sign shall be installed at the entrance to the right of way (RoW). The street sign shall be in accordance with Council's standard urban street sign design;

(5) All water infrastructure shall be undertaken in accordance with designs/drawings approved with the Engineering Construction Certificate.

(6) Stock proof fencing must be provided to all boundaries of the proposed lots in accordance with Council’s Non-Urban Fencing Policy DA-POL-12.

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

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

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

· Steel Star Pickets at 4 m centres

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

· Three 2.8 mm high tensile carry wires

· “Hinged Joint or Ringlock”

· Netting floodgates as required

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

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

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

The existing boundary fence where dilapidated, 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. (Amended 27 May 2020)

(7) The Applicant must provide an inspection notice, from within the last two months, of the status of weeds on the property pursuant to the Applicant’s General Biosecurity Duty under the Biosecurity Act 2015.

The applicant must carry out such works as determined by the Local Control Authority for the satisfactory control of weeds prior to the issue of a Subdivision Certificate. The Local Control Authority is to provide written documentation confirming that these works have been carried out and completed in a satisfactory manner.

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

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

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

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

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

(11) Building envelopes must be designated on the final plan of subdivision over each proposed lot in accordance with the approved plan of subdivision.

The accompanying Section 88E instrument must state that no permanent or temporary dwellings and/or outbuildings and associated infrastructure are permitted to be erected outside of the identified building envelope shown on the plan of subdivision.

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

(12) In accordance with the recommendations in the Test of Significance prepared by Woodlands Environmental Management, a restriction to user under Section 88B of the Conveyancing Act 1919 must be placed on Lot 3 which requires the mature Eucalypt located close to the building envelope to be protected and conserved during the construction, establishment and occupation stage of the development and that any disturbance of the root zone is to be avoided.

(13) Terms of restriction for the RoW shall prescribe the mechanism for ongoing maintenance including for dispute resolution. (Condition Added 27 May 2020)

Note: All aspects (including maintenance) of RoWs is the responsibility of the beneficiaries. Council will not accept any responsibility or provide any assistance in relation to matters associated with a RoW. Council will not accept the transfer of a RoW to public road status.

(14) A Subdivision Certificate Application (Form 206) must be submitted to Council. (Condition Renumbered 27 May 2020)

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 must create, where applicable, 20 metre wide easements over the final plan of subdivision in favour of Essential Energy, centred on all existing power lines which cross the subdivision.

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

(g) A copy of any relevant construction certificate.

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

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

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

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

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

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

(l) The relevant fee payment at the date of application for the subdivision certificate.

(15) The subdivision certificate will not be issued until all conditions of this consent have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000. (Condition Renumbered 27 May 2020)

NOTES ACCOMPANYING DEVELOPMENT CONSENT DA190157

(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 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 must 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, must be charged at the individual inspection rate nominated in Council’s Fees and Charges.

(5) The applicant must 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.

(7) All Development Applications relating to the lots created by this subdivision will be assessed under the provisions of the Biodiversity Conservation Act 2016 and Biodiversity Conservation Regulation 2017. If the development triggers the Biodiversity Offsets Scheme, the Development Application must be accompanied by a Biodiversity Development Assessment Report (BDAR).

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

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

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

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

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

Table 2.0. – Minimum Culvert Sizes

Catchment

Size

Less than

0.5Ha

Less than

1Ha

Less than

2Ha

Less than

3Ha

3+Ha

Pipe Size

300mm

375mm

450mm

600mm

AR&R 1 in 5

year storm event

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

· minimum 150mm thick

· 1.5m wide

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

· 25MPa concrete with SL72 mesh and

· Permanent erosion protection upstream and downstream of the dish drain

Ordinary Council Meeting 27 May 2020

6.4 Development Application DA190211 - Importation of Material for Internal Access Roads, 33 Hillview Drive, Murrumbateman

SUMMARY

To present the assessment of Development Application No. DA190211 for the importation of 55,000m³ of material at “Hillview”, 33 Hillview Drive, Murrumbateman. The proposal is referred to Council as it attracted 11 submissions. Conditional Approval is recommended.

RECOMMENDATION

That:

1. Conditional Development Consent be issued for the importation of material and construction of internal access roads at “Hillview”, 33 Hillview Drive, Murrumbateman following:

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

· The Applicant suitably demonstrating how they have undertaken due diligence for the protection of Aboriginal objects.

2. The Development Consent restricts the standard of internal access road construction to generally 4.5m x 300mm and an overall maximum volume of material that can be imported to 40,000m³.

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

· Protection of the Environment Operations Act 1997

· Protection of the Environment Operation (Waste) Regulation 2014

· Water Management Act 2000

· Roads Act 1993

· State Environmental Planning Policy (Infrastructure) 2007

· Yass Valley Local Environmental Plan 2013

· Resource Recovery Exemption – Excavated Natural Material Exemption 2014

· Resource Recovery Order – Excavated Natural Material Order 2014

· Yass Valley Heavy Haulage Section 94 Contributions Plan 2006

· Yass Valley Community Engagement Strategy

· Application Assessment and Decision Making Policy

· Draft Filling on Rural Properties Policy

REPORT

1. Application Details

Date Received	-	3 December 2019
Land	-	“Hillview” - 33 Hillview Drive, Murrumbateman
Area	-	Approximately 1,900ha
Zoning	-	RU1 Primary Production

2. Site Description and Locality

The development site is a significant property of approximately 1,900ha north of the Murrumbateman Village. The property contains land to the north and south of Hillview Drive, as well as west of the Barton Highway. Due to the size of the property there is considerable separation to sensitive receivers, with notable nearby development including the veterinary surgery and dwellings on Hillview Drive towards the Barton Highway intersection.

The property is used for agricultural purposes, containing farm buildings and infrastructure as well as manager’s residences. The portion north of Hillview Drive is serviced by three primary property accesses. The portion to the west of the Barton Highway has direct access from the highway.

A Locality Plan is included as Attachment A.

3. Background and Proposal

The initial submitted proposal sought approval for the importation of 65,000m³ of virgin excavated natural material (VENM) or excavated natural material (ENM) for the purposes of internal access road construction and upgrade, as well as stockpiling for other additional internal access roads, building pads and other infrastructure.

In March 2020 Council, at the request of the Applicant, deferred consideration of the proposal pending receipt of further information. Additional information has been submitted and the proposal revised i.e.

· The volume of material has been reduced from 65,000m³ to 55,000m³

· The length of internal access roads to be constructed and upgraded has increased from 19km to 28.5km

· The area of work has now extended to an area of the site to the south of Hillview Drive and west of the Barton Highway

The Applicant has also provided a draft farm masterplan (refer Attachment B), and updated Statement of Environmental Effects (refer Attachment C) and response to submissions (refer Attachment D).

The proposal still involves the construction and upgrade of internal access roads with a 4.5m width and 400mm depth. The equates to approximately 51,300m³of material, with the additional 3,700m³ proposed to be imported and stockpiled.

4. Public Exhibition

Public exhibition included notice to 16 nearby and adjoining property owners and 10 submissions received. Nine submissions raised either objections or points of concerns, whilst one submission was unrelated to the Development Application.

The revised proposal was not re-exhibited as it did not significantly change the submitted proposal and there remains a considerable distance to neighbouring properties in these areas. However two additional submissions were received, including one in support and one which continued to raise concerns.

Copies of all submissions are included in Attachment E.

The key planning issues raised in the submissions include:

· Volume of material and purpose

· Material quality and contamination potential

· Road impacts and heavy haulage contributions

· Access and Road Safety

· Water usage

· Biodiversity

· Watercourse crossings

· Consideration of Aboriginal cultural heritage

5. Referrals

5.1. Transport for NSW (TfNSW)

TfNSW have requested a Transport Management Plan to be prepared for managing heavy vehicle movements, adverse weather conditions, avoiding school bus times, and record keeping. These conditions are consistent with previous responses from TfNSW for applications involving heavy haulage onto a classified road and also generally consistent with Council’s standard requirements.

The Barton Highway Duplication Corridor would have been considered by TfNSW in their submission. The nature of the internal access roads means that they do not limit the opportunity for future duplication.

The conditions of TfNSW can be included in any Development Consent that may be issued.

5.2. Department of Planning, Industry & Environment (DPIE)

The Applicant indicates that they have consulted with DPIE (NSW Environment) in relation to whether the proposal triggers the Biodiversity Offset Scheme under the Biodiversity Conservation Act 2016. This is discussed further under the Biodiversity and Aboriginal Cultural Heritage sections in the assessment below.

6. Assessment

An assessment has been completed in accordance with the planning legislation. A following is a response to the planning issues identified in the assessment and raised within the submissions:

6.1. Volume of Material, Purpose and Access Road Standard

The issue of ‘clean fill’ material being transported to rural properties has been ongoing for some time. This has been detailed in previous reports to Council and a draft policy has been recently placed on exhibition to assist with setting standards on the importation of fill material.

The volume of material proposed and the need for this material has been an issue consistently raised through pre-lodgement consultation and the assessment of the Development Application. It was outlined in pre-lodgement consultation that any application should clearly demonstrate the work being proposed and the volume of material required was necessary to support the use of the land and justifiable as part of reasonable development. Whilst an Application for the stockpiling of material only was initially discussed, it was suggested that a combined application which included both the importation of any material and a clear proposal for the end use would be more appropriate.

The application has been revised from the original maximum volume of 65,000m³ proposed to 55,000m³. The Applicant indicates that approximately 51,300m³ of this material will be used for internal access road construction as now shown on the draft Masterplan, with the additional 3,700m³ proposed to be imported and stockpiled for other future purposes (e.g. building bases and for other farm infrastructure). The revised additional stockpile volume of 3,700m³ is estimated to be 750 additional return truck movements. The amended proposal and additional information provided now gives a better understanding of the work that is proposed and how the material volume has been determined.

The standard of access road construction proposed by the Applicant is 4.5m wide and 400mm in depth. Council’s recently exhibited policy suggests an acceptable standard of 4.5m wide and 300mm depth above existing ground levels The standard in the draft policy is based on engineering advice and would be suitable to provide quality internal access roads for agricultural purposes.

A reduction to from 400mm depth to 300mm depth would see the total volume of material required for internal access road construction reduce from 51,300m³ to 38,475m³ (or a reduction of approximately 580 return trucks).

Considerable weight has been given to ensuring that the volume of proposed material has been justified and genuinely reflects the amount of material necessary to reasonably complete a project.

Noting the use of the additional 3,700m³ is yet to be determined and the suggested reduction in internal access road standard, consideration could be given to Council granting approval for a maximum 40,000m³ of material to be imported (i.e. 38,500m³ associated with the internal access road construction and allowing for 1,500m³ additional material for other minor and unspecified improvements).

6.2. Material Quality and Contamination Potential

The submissions question how the quality of the material can be ensured during the project, particularly in relation to per- and ply-fluroalkyl substances as it has been advised that some material will be sourced from the Canberra Airport site.

Projects involving the importation of material are required to use only virgin excavated natural material (VENM) or excavated natural material (ENM The Applicant has now confirmed that the material will be both VENM and ENM.

The Applicant has indicated that if the soil comes from the airport then it must be tested in accordance with Commonwealth Department of Agriculture, Water & Environment requirements. However the material must also meet the requirements of NSW legislation. A Resource Recovery Exemption (RRE) and Resource Recover Order (RRO) issued by the NSW Environment Protection Authority (EPA) under the Protection of the Environment Operation (Waste) Regulation 2014 allows the use of ENM in earthworks, subject to specific requirements for source testing.

If an approval is to be issued the Applicant will need to have appropriate documentation to confirm the classification is VENM or ENM for NSW legislation. A requirement for this documentation can be included in any approval that may be issued.

6.3. Road Impacts and Heavy Haulage Contributions

At 55,000m³ the proposed development is estimated to generate approximately 5,000 one way heavy vehicle movements (assuming 22m³ truck and dog combination) or 2,500 return trips.

The impact on the road network and the opportunity for heavy haulage contributions is an issue raised within the submissions for this proposal, and consistently throughout other Development Applications involving large volumes of material that have been reported to Council.

Council’s Heavy Haulage Section 94 Contribution Plan 2006 currently provides the nexus and framework for the levying of road maintenance contributions which generate in excess of 8,000 tonnes of payload annually. It is important to note that the contribution is levied and applies on Council’s road network only (i.e. Hillview Drive only).

For the calculations of the heavy haulage contribution the following assumptions have been made:

· The proposal will involve the importation of over 8,000 tonnes annually

· All material will be imported within one year

· All material will enter the property at the second entrance (i.e. halfway along Hillview Drive)

Shortcomings of the current Heavy Haulage Contribution Plan have been previously acknowledged and a new Draft Yass Valley Heavy Haulage Contribution Plan 2018 has been prepared and exhibited. While the new plan includes a simplified methodology for contributions of a rate per tonne per kilometre it has not yet been adopted. The heavy haulage contribution has been calculated and levied under the existing plan only i.e.

m³	Contribution
55,000	$2,309
40,000	$1,719

As a comparison the contribution would be $6,311 under the revised Contributions Plan.

6.4. Access and Road Safety

Concerns have been raised on the safety of the property accesses, as well as:

· The standard of Hillview Drive between the Barton Highway and the development site

· The adequacy of the Hillview Drive/Barton Highway intersection

TfNSW has not raised any objections to the proposal, subject to a Transport Management Plan and limitation on the number of heavy vehicle movements. The existing Hillview Drive/Barton Highway intersection is considered to be adequate.

To address safety the property accesses on Hillview Drive will need to be upgraded to ensure:

· Sufficient off road storage for the largest proposed vehicle to access the site

· Sufficient off road storage to ensure no vehicle entering the site is impended by an exiting vehicle

· Vehicles entering the property can do so without crossing over the centre of the sealed section of Hillview Drive

· Vehicles leaving the property can do so without leaving the sealed section of Hillview Drive

The upgrade of property accesses would need to occur prior to the importation of any material.

The upgrade of this section of Hillview Drive is not considered to necessary.

6.5. Water Usage

Concern has been raised in relation to the water use associated with dust control measures, including whether water will be extracted from Murrumbateman Creek. The Applicant has indicated that water utilised for dust suppression measures will be sources from onsite dams and there will be no additional extraction or water haulage required.

6.6. Biodiversity

Within the submissions received concern has been raised that the proposal has not adequately considered the impact on biodiversity. The Applicant was requested to provide evidence of how they have determined whether the proposed development triggers entry into the Biodiversity Offset Scheme (BOS) under the Biodiversity Conservation Act 2016. The triggers for entry into the BOS in this instance may include:

· Clearing of greater than 1ha of native vegetation, including native grasses

· Clearing of land identified on the Biodiversity Values Map (BVM)

· An impact which exceeds the test of significance

While the Applicant has indicated consultation with NSW Environment has occurred and the BOS is not triggered. Unfortunately details have not been provided and at this stage NSW Environment have indicated the information submitted is insufficient and further details are required.

The internal access roads are proposed to have a footprint or potentially disturb up to 12.6ha. This is greater than the 1ha limits for clearing however no details on the type or quality of the vegetation has been provided.

While part of the site along Murrumbateman Creek is also identified on the Biodiversity Values Map the Applicant has indicated that they will not be undertaking any work within this area of the site.

Any Development Consent should not be issued until it has been demonstrated that the proposal does not trigger entry into the Biodiversity Offset Scheme.

6.7. Watercourse Crossings

The Applicant has advised that the proposed development does not involve the construction or upgrade of any watercourse crossing. Approval from the Natural Resources Access Regulator (NRAR) under the Water Management Act 2000 is not required at this time. Separate approvals from the NRAR can be sought for works in this area should this change.

6.8. Aboriginal Cultural Heritage

Concerns have been raised on the lack of an assessment for Aboriginal cultural heritage.

The Applicant has responded that there are no known Aboriginal objects on the site and as it has been used for intensive farming for over 100 years. The Applicant has also suggested that farming is a defensible low impact activity and therefore they are not required to go through a due diligence process. However, if any objects are found whilst works are being carried out, that they will cease work and notify the NSW Environment immediately and apply for any necessary permit.

NSW Environment have advised that:

· Under the National Parks & Wildlife Act 1974 Applicants need to make reasonable efforts to determine whether their proposed activities will harm Aboriginal objects, or harm landscape features that are likely to contain Aboriginal objects.

· Whilst there are no known sites recorded on the Aboriginal Heritage Information Management System (AHIMS) for the property, there are a number of sites recorded in the vicinity. The majority of sites close by were recorded as part of the preliminary assessment for the Barton Highway upgrade.

· While Aboriginal objects may not be present on a property, the search results give an indication that other Aboriginal objects may be present in the area. In this case, previous assessments for the Murrumbateman area also indicates that sites are likely to occur close to sources of water. These landforms are present within the proposed area of the development.

The agency has suggested that a due diligence assessment be undertaken including a visual inspection of the proposed development area by a person experienced in identifying Aboriginal objects. This can be required prior to the issue of any approval.

7. Conclusion

From an assessment of the proposal and consideration of the issues raised in the submissions, it is recommended that a Conditional Development Consent be issued once the Applicant has:

· Suitably demonstrated that the proposed development does not trigger entry into the Biodiversity Offset Scheme under the Biodiversity Conservation Act 2016

· Undertaken due diligence for the protection of Aboriginal objects

It is also recommended that any Consent restricts the standard of internal access road construction to generally 4.5m x 300mm and a maximum volume of 40,000m³ of imported material

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 and Notification Plan ⇩

b. Draft Farm Masterplan ⇩

c. Updated Statement of Environmental Effects (Under Separate Cover) ⇨

d. Updated Applicant Response ⇩

e. Submissions (Under Separate Cover) ⇨

f. Draft Conditions ⇩

6.4 Development Application DA190211 - Importation of Material for Internal Access Roads, 33 Hillview Drive, Murrumbateman

Attachment f Draft Conditions

DA190211 – Draft Conditions – 33 Hillview Drive

Details of and Reasons for Conditions

PART A - GENERAL CONDITIONS

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

This will require the Form 28 to be filled out and submitted to Council.

(4) The Applicant shall limit the total volume of virgin excavated natural material (VENM)/excavated natural material (ENM) imported onto the site to a maximum of 40,000m³.

Note: A modification of consent is required to be lodged with Council if the total volume of virgin excavated natural material (VENM)/excavated natural material (ENM) imported onto the site exceeds the approved amount.

(5) The capacity and effectiveness of runoff and erosion control measures shall be maintained at all times to the satisfaction of Council;

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

(7) The applicant, at no cost to Council, will assume accountability for site cleanup and remediation measures in the event that material other than virgin excavated natural material (VENM)/excavated natural material (ENM) has been used;

(8) All engineering design and construction work shall be undertaken in accordance with the following, current at the time:

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

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

· Australian Standards and

· AustRoads

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

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

(11) This Development Consent does not grant approval for works within land identified on the ‘Biodiversity Values Map’ under the Biodiversity Conservation Act 2016 or the crossing of any watercourses for the purposes of the Water Management Act 2000.

(12) Any works associated with the development shall be at no cost to Transport for NSW.

PART B – PRIOR TO ISSUE OF ENGINEERING CONSTRUCTION CERTIFICATE

(1) Engineering drawings for internal access road construction must be submitted to Council’s Infrastructure & Assets Division for approval. The internal access driveway shall generally be limited to:

(a) A minimum pavement width of 3 metres;

(b) A maximum pavement width of 4.5 metres;

Note: The engineering design drawings must: clearly state the cut and fill balance.

Note: The engineering design drawings must include road cross sections clearly showing the depth of import fill material at 10 metre increments.

(2) Engineering drawings for the upgrade of property accesses proposed to be utilised for heavy vehicles associated with this development must be submitted to Council’s Infrastructure & Ass Division for approval. The engineering drawings must include details of:

· Sufficient off road storage for the largest proposed vehicle to access the site;

· Sufficient off-road storage to ensure no vehicle entering the site is impeded by an exiting vehicle;

· Vehicle swept path templates for the largest vehicle entering and leaving the site;

· Any road works required to ensure any vehicle entering the property can do so without crossing over the centre of the sealed section of Hillview Drive;

· Any road works required to ensure any vehicle leaving the property can do so without leaving the sealed section of Hillview Drive;

· Devices to ensure no mud is tracked from the property to the Hillview Drive.

Note: All vehicles entering or leaving the site must do so in a forward direction.

(3) In accordance with Section 94 of the Environmental Planning and Assessment Act 1979 and the Yass Valley Council Heavy Haulage Section 94 Contributions Plan 2006 a single monetary contribution of $1,718.45 shall be paid to Council in respect of road maintenance prior to the commencement of filling.

The contribution amount is based on the importation of 40,000m³ of loose virgin excavated natural material (VENM) or excavated natural material (ENM) transported 1.7 kilometres along Hillview Drive, Murrumabteman.

It should be noted:

· The applicable contribution rate is to be indexed annually to the Sydney (All Ordinaries) Index, reviewed annually and new rates, if applicable, will become payable from 1July each year.

· All contributions shall be paid at the rate determined at the most recent review.

PART C – PRIOR TO COMMENCEMENT OF WORKS

(1) The person having the benefit of this Development Consent must provide at least two days’ notice to Council of their intention to commence work. This will require Form 131 to be submitted to Council.

(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) Any contractor undertaking works in an existing Council road reserve must submit the following details to Council:

· 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

(4) A sign must be displayed and maintained in a prominent position on the site while subdivision work is being undertaken and removed upon completion.

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.

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

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

· Current plant / vehicle insurances

· A certified traffic control plan for the proposed works

PART D – PRIOR TO IMPORTATION OF ANY MATERIAL AND INTERNAL ACCESS ROAD CONSTRUCTION

(1) The property vehicular accesses from the road to the property boundary shall be constructed in accordance with the approved Engineering Construction Certificate.

(2) ‘Truck Entering’ (W5-22C) signs shall be installed, at all times whilst trucks are entering and exiting the site, on the approaches to both accesses to the development site warning motorists along Hillview Drive of heavy vehicles.

(3) The Applicant shall prepare and implement a Transport Management Plan, in consultation with Council and TfNSW to outline measures to manage potential traffic related issues associated with the transport of bulk material to the site. This plan shall detail the potential impacts, the measures to be implemented, and the procedures to monitor and ensure compliance. It shall address, but not necessarily limited to;

· Access to that part of the site located to the east of the Barton Highway shall be via Hillview Drive. Direct access to this part of the site from the Barton Highway is denied.

· Access to that part of the site located to the west of the Barton Highway shall be via the existing driveway to Lot 1 DP 657978 and shall be restricted to left turn in only.

· The access arrangements in accordance with conditions of the Development Consent.

· The number of haulage vehicles used to transport fill to the site shall not exceed 10 vehicle trips per day (20 heavy vehicle movements per day).

· Measures for managing delivery of fill material to the site in order to minimise potential for disruption to local traffic including school bus movements.

· Measures to address restrictions on haulage during periods of low visibility eg heavy rain periods or fog etc., along the haulage route.

· Measures to ensure that dust and loose surface road material generated by traffic activities on and accessing the subject site do not cause nuisance or hazard to traffic on the public road network.

· Measures to ensure that all loaded vehicles entering or leaving the site are covered, and are cleaned of materials that may fall onto public roads.

· Details of procedures for receiving and addressing complaints from the community concerning traffic issues associated with truck movements to and from the quarry.

· Measures to ensure that the provisions of the Traffic Management Plan are implemented and complied with.

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

PART E – INSPECTIONS

To arrange an inspection with Council please use the on-line booking system:

yassvalley.nsw.gov.au > Our Services > Planning and Building > Certification and Inspections > Inspections

If Council undertakes the inspection, the fee per inspection will be levied in accordance with Council’s Fees and Charges, relevant at the time of payment.

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

(a) Completion of property access.

(b) Completion of internal access roads – visual only.

PART F – EARTHWORKS, INTERNAL ACCESS ROAD CONSTRUCTION AND IMPORTATION OF ASSOCIATED MATERIAL

(1) 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); or

(b) Virgin Excavated Natural Material (VENM) as defined in the Protection of the Environment Operations Act 1997;

(c) Excavated Natural Material (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);

(2) Heavy vehicle movements associated with the delivery of material to the site are restricted as follows:

(a) A maximum of 20 movements per day (1 movement = in and out of the site);

(b) No movements on Sundays or public holidays;

(3) A ‘ Material Delivery Record’ shall be established and must record:

· The source address of the material;

· Whether the material 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 and time of delivery.

(4) A copy of the ‘Material Delivery Record’ shall be submitted to Council upon request within seven (7) days, including a copy of all record sheets and a spreadsheet in a Microsft Excel (.xls) format with all record lines entered and tabulated.

(5) The Applicant shall ensure the satisfactory control of dust. Where necessary, this shall include a water truck being available on site and being utilised during the construction of the internal access roads.

(6) The internal access roads are is to be constructed in accordance with the approved Engineering Construction Certificate plans.

PART H – COMPLETION OF WORKS

(1) The development will not be considered completed until all conditions of this consent have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

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

(3) One complete set of “Work as Executed” WAE drawings, indicating the all details of new engineering works constructed (internal access roads), shall be submitted to Council.

(4) The applicant shall submit a final a copy of the ‘Material Delivery Record’ shall be submitted to Council, including a copy of all record sheets and a spreadsheet in a Microsft Excel (.xls) format with all record lines entered and tabulated.

(5) The applicant shall submit a compiled evidence that all material used has been virgin excavated natural material (VENM) or excavated natural material (ENM).

NOTES ACCOMPANYING DEVELOPMENT CONSENT DA190211

(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 6.1 of the Yass Valley Local Environmental Plan 2013.

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

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

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

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

Ordinary Council Meeting 27 May 2020

6.5 Development Application No. DA200046 - Carport, 30 Lute Street, Gundaroo

SUMMARY

To present the assessment of Development Application DA200046 for the erection of a carport at 30 Lute Street, Gundaroo. The proposal is referred to Council as the location of the carport is forward of the building line set by the dwelling house, however there is justification for a variation to Council’s setback policy. Approval is recommended.

RECOMMENDATION

That Condition Development Consent be issued for Development Application DA200046 for a carport at 30 Lute Street, Gundaroo.

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

· Yass Valley Community Engagement Strategy

· Building Line – Urban Policy

· Application Assessment and Decision Making Policy.

REPORT

1. Application Details

Date Received	-	20 March 2020
Land	-	30 Lute Street, Gundaroo
Area	-	1,897m²
Zoning	-	RU5 Village

2. Site Description and Locality

The site is located on Lute Street, between Harp Street and Lot Street, at the eastern edge of the Gundaroo village. The area can be characterised as village with dwelling houses and associated outbuildings. There is a dwelling on the subject land with driveways from Lute Street on both side boundaries. A storage shed is located behind the dwelling near the southern boundary.

A Locality Plan is included as Attachment A.

3. Proposal

The submitted proposal involves the erection of a double carport (refer Attachment B). The location of the proposed carport is setback 6m from the Lute Street property boundary, however it is directly in front of the existing dwelling. A site plan is included as Attachment C.

4. Public Exhibition

Public exhibition included notice to five nearby and adjoining property owners and no submissions received.

5. Assessment

An assessment has been completed in accordance with the planning legislation. The proposal does not comply with Council’s setback policy for urban and village areas which requires a carport to be located behind the building line set by the dwelling on the lot. In this instance the carport is proposed to be directly in front of the dwelling.

The Applicant has requested a variation to Council policy (refer Attachment D) on the basis of there being limited laneway access from the rear of the property, as well as the location of the existing shed on the southern boundary limiting access.

All properties between Harp and Lot Street on the western side of Lute Street have outbuildings located behind the building line set by the dwellings on each lot. However, in February 2020 Council approved a storage shed at the adjoining 32 Lute Street which will be forward of the building line. The property at the corner of Lot and Lute Street also has a shed which is located forward of the building line on the Lute Street frontage, although this is a secondary frontage. The approval of the storage shed next door, together with the shed on the corner of Lot and Lute Street, is beginning to establish a new building line and setback pattern in this location.

The orientation of the roof pitch and ground level of the proposed carport are consistent with the dwelling, reducing bulk from the street. Furthermore the existing trees and hedge from the front boundary of the property will provide natural screening. The carport design, form, appearance and colours match the existing house and is consistent with materials used in the locality. The impact of the proposal and the setback variation is therefore not considered significant.

The setback requirement of the policy is based on a well-established planning principle for outbuildings to be located behind building lines set by dwelling in urban and village settings. With the new building line and setback pattern being established in this location as a result of the policy variation for the shed next door, reduced weight has to be given to the policy in this instance and will become less relevant in relation to future decisions in this locality.

In summary, there is considered to be adequate justification to support a variation to the setback policy. The location of the carport does not have a significant impact on the streetscape, noting that the shed next door now establishes an alternate building line and has reduced the weight that can be given to the policy.

6. Conclusion

From an assessment of the proposal it is recommended that conditional Development Consent be issued. Draft conditions are included as Attachment E.

Strategic Direction

Key Pillar 1. Our Environment

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

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

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

ATTACHMENTS: a. Locality and Notification Map ⇩

b. Carport Plans ⇩

c. Site Plan ⇩

d. Variation Request ⇩

e. Conditions ⇩

Ordinary Council Meeting 27 May 2020

7.2 Yass Water Treatment Plant Upgrade Project: Preparation of Detailed Design and Business Case - Preferred Upgrade Option

SUMMARY

This report provides a progress update on the Options Assessment carried out for the Yass Water Treatment Plant Upgrade Project: Preparation of Detailed Design and Business Case and seeks direction on the preferred upgrade option.

RECOMMENDATION

That:

1. The progress made with the Options Assessment Report in the Yass Water Treatment Plant Upgrade Project: Detailed Design and Business Case Preparation be noted

2. The design and construction of a new water treatment plant option with the estimated project cost of $31.9 million including contingency to address the drinking water quality challenges and community expectations be endorsed

3. Funding from State and Federal governments be sought

Financial IMPLICATIONS

In December 2018 Council determined to accept the grant of $1,200,000 for preparing a detailed design and final business case under the State Government’s Restart NSW Housing Acceleration Fund for the Yass Murrumbateman – Water Quality Improvement Project.

For the preparation of Detailed Design and Business Case, funds from the Water Fund Reserve were allocated to commence the work in 2018/19, 2019/20 Operational Plan and also in 2020/21 Operational Plan.

Funding for the construction will be the subject of a further application to the RestartNSW Fund on completion of this project. Maximum funding subject to further application to Restart NSW and its approval is $10 million including the cost of this detailed design and business case preparation.

Estimated Project Cost for construction of preferred option is $31.9 million. It is necessary to seek additional funding for construction while proceeding with this work.

POlicy & Legislation

· Local Government Act 1993

REPORT

1. Background

Council obtained grant funding of up to $1,200,000 to prepare a detailed design and final business case in anticipation of a future construction funding application for improvements to the Yass Water Treatment Plant from the Housing Acceleration Fund under the Restart NSW for the Yass Murrumbateman – Water Quality Improvement Project (refer Attachment A).

HunterH2O has been engaged to prepare detailed design and business case in October 2019. Three workshops were held with the participation of DPIE Water, NSW Health Water Unit, Council staff and consultant team (HunterH2O) i.e.

Date	Workshop	Comments
13 November 2019	Project Risk	Project risks were identified
28 November 2019	Options Value Management	Seven long-list options were discussed and four options were short-listed
3 March 2020	Options Assessment	Detailed assessment of four options were discussed at this workshop with the above stakeholders. Follow-up discussions were also held with NSW Health Water Unit and DPIE Water. Project Cost estimates for the options were completed on 23 April 2020

2. Condition of Existing WTP and its Capability

The WTP, first constructed in 1938, was augmented and modernised in 1990. An assessment of the existing WTP undertaken in 2019 the key issues identified are summarised as follows:

a) General: The existing WTP is 30 years old and many assets, systems and processes are at the end of their service life.

b) Flow Rate: Available filter area, filter condition and acceptable filtration rates limit maximum filtration rate to approximately 135 L/s. However, currently the Raw Water Pump Station (RWPS) operates at 145 or 150 L/s while the design flow rate of the RWPS is 165 L/s. Refurbishment of existing filters will leave plant at lesser capacity.

c) Electrical and Control System: The technology and assets of electrical and control system is 30 years old and are at the end of their service life. The main switchboard arrangement and location does not comply with current standards and there are many dilapidated switchgear and control gear assemblies for unit processes distributed around the WTP. Upgrade of the electrical and control system, provision of a SCADA system and implementation of automatic, unattended operation of the plant at variable flows, is considered to be an essential element of the upgrade of the WTP.

d) Flocculation: There is a single flocculation train comprise 3 stage tapered flocculation requires modifications.

e) Floatation: There is a single DAF cell and the typical performance is below the design standard of 3 NTU. Refurbishment of the DAF recycle, saturation and dispersion systems is required.

f) Sand Filters: The design parameters of existing WTP to a design filtered water quality of 1 NTU is inconsistent with current standards for filtered water of <0.2 NTU. Filter refurbishment consisting of inspection and repair (where necessary) of the filter floor and filter nozzles, upgrade of the air scour system, filter media replacement, installation of supports for backwash troughs, renewal of actuated valves, and new instrumentation is required.

g) Chemical Dosing: All chemical systems are largely original with ageing components and numerous non-compliances with existing WHS Regulations and Australian Standards. Replacement of the coagulant system, polymer system, soda ash wet end, PAC system, and renewal of the chlorine system is required.

h) Amenities and Laboratory: Amenities and laboratory facilities are undersized and in poor condition. A new amenities building and laboratory is required.

i) Redundancy: The existing WTP has no redundancy as there is only a single train of treatment processes. Any refurbishment existing process units will require to be scheduled within a narrow window of hours within a day and during low water demand (i.e. winter period).

3. Raw Water Quality Challenges

The characteristics of Yass River catchment and Yass Dam results in highly variable raw water quality during extreme events (significant rainfall or extended drought). This variability of raw water quality and raw water sourced from an unprotected drinking water catchment present unique challenges to the water treatment at Yass WTP. The water quality hazards are summarised below.

Water Quality Parameter	Current Status/Hazards
Turbidity (or suspended solids)	Rain events result in the turbidity rising above 100NTU for 1 to 3 days and staying above 50NTU for 2 to 6 weeks. The biggest challenge is the rapid change in turbidity after a rain event and managing a high solids load for the following month.
Pathogens / Cryptosporidium / Giardia	The Yass WTP draws its water supply from an unprotected catchment (estimated as a Category 4) that contains numerous onsite effluent management systems in proximity to the river and domestic stock animals with direct access to the river. As such microbial pathogens, including chlorine tolerant protozoans (Cryptosporidium and Giardia), are likely to be present in the raw water.
True Colour	It is estimated that the WTP is challenged with a raw water true colour of 30 to 70 HU for around 8 months of a “typical year”. With the remaining 4 months having an estimated true colour approaching or in excess of 100 HU. True colour is lowest following extended dry periods and spikes with rainfall and higher river flows.
Dissolved Organics	From monthly sampling over a year the level of organics is typically 6 – 11 mg/L and increases to more than 30 mg/L during events that occur following rainfall, which is very high.
THMs (Trihalomethanes)	The level of organics, combined with chlorine disinfection and water age in the Yass reticulation network, results in exceedances of the THM guideline value of the ADWG (250 mg/L). The exceedance of the ADWG target for THMs requires consideration in the design to mitigate the current and future risk of THMs
Iron and Manganese	The current WTP fails to consistently meet the manganese aesthetic target (ADWG of < 0.1 mg/L) during rainfall events and best practice target of less than 0.02 mg/L. There is event-based presence of ‘high’ levels of soluble manganese up to and above 0.2 mg/L, well above the aesthetic target in the treated water.
Total hardness	Total hardness is strongly influenced by rainfall in the catchment. Following heavy rainfall and significant flows in the river the pH, alkalinity and total hardness all fall rapidly to their respective minimums. From this point Yass Dam offers some buffering but all three parameters begin to rise once the River returns to a base flow, which is minimal. Total hardness typically exceeds 200 mg/L as CaCO₃ following 6 months of low river flows.
pH	Raw water pH drops drastically following a rainfall event to as low as 6.7 and gradually increases during extended dry periods above 8.4.
Algae counts	Fortnightly monitoring has commenced but likely to be present and spike in the summer months without significant flushing flows down the river.
Algal toxins	Potentially toxin producing algae have been detected in the dam in low numbers.
Taste and odour	Taste and Odour (T&O) compounds Geosmin and 2-methylsioborneol (MIB) were measured. Geosmin is highly likely to occur in Yass Dam during extended dry period.

4. Treated Water Quality Objectives

Two key project objectives for the upgrade the Yass WTP are that:

· Treated water quality must meet health criteria in ADWG (Australian Drinking Water Guidelines)

· Treated water quality to meet aesthetic criteria in ADWG and meet community expectations

5. Evaluation of Options of Short-Listed Options

Brief description of short-listed options and their project costs including contingency are as follows.

SHORT-LISTED OPTION	DESCRIPTION	PROJECT COST
Option 1 – Refurbish WTP	· Refurbish existing WTP to bring to the current electrical, chemical and safety standards. · No additional treatment processes	$16.6 Million
Option 3 – Refurbish WTP with PAC^#1 / Oxidation	· Refurbish existing WTP and additional treatment processes to address raw water quality variations · Addresses control of discolouration, taste and odour issues caused by extreme rainfall or extended drought. · No removal of water hardness.	$23.4 Million
Option 5 – Refurbish WTP with PAC^#1 / Oxidation and Lime softening	· Refurbish existing WTP and additional treatment processes to address raw water quality variations including water hardness · Fully addresses all water quality issues including the water hardness.	$29.1 Million
Option 7 – New WTP with Lime softening	· Fully addresses all water quality issues including the water hardness	$31.9 Million

Note: All options includes installation of a plume aeration system at Yass Dam.

#1: PAC – Powdered Activated Carbon treatment to remove odour and taste.

Following option development, a multi criteria analysis framework was developed to assess suitability of each of the shortlisted option to address the project risks and deliver project objectives. The following table shows the non-cost scores for each option.

Non-cost comparison of Short-listed Options

Non-cost criteria	Scores
Non-cost criteria	OPTION – 1 Refurbish	OPTION – 3 Refurbish with PAC/Oxidation	OPTION – 5 Refurbish with PAC/Oxidation and lime softening	OPTION – 7 New WTP with lime softening
Health-related water quality (15%)	8.0%	15.0%	15.0%	15.0%
Aesthetic-related water quality (25%)	11.6%	18.8%	25.0%	25.0%
Operation and Maintenance (45%)	33.5%	35.4%	34.8%	44.4%
Social, Environmental and Legal (15%)	5.3%	8.2%	12.5%	15.0%
Total Score (100%)	58.4%	77.4%	87.3%	99.4%

Cost and non-cost criteria were used in the evaluation. Apportionment of weighting is the result of a risk assessment considering direct impacts of selection of a poorly performing option or one that did not fully meet community expectations, stakeholders concerns, market competition and uniqueness of the project. The adopted weightings for cost and non-cost criteria are 30% and 70% respectively for each option.

The results of the multi-criteria analysis of options are as follows.

Multi Criteria Analysis (MCA) Results	Normalised Scores
Multi Criteria Analysis (MCA) Results	OPTION – 1 Refurbish	OPTION – 3 Refurbish with PAC/Oxidation	OPTION – 5 Refurbish with PAC/Oxidation and lime softening	OPTION – 7 New WTP with lime softening
Non-cost (70%)	41%	54%	61%	70%
Cost (30%)	30%	19%	9%	4%
Total (100%)	71%	73%	70%	74%
Rank	3	2	4	1

High importance has been given to the ability of the option to achieve the aesthetic water hardness targets of the Australian Drinking Water Guidelines and to effectively remove manganese during both typical and extreme events at Yass Dam.

The results of the cost and non-cost assessment and options evaluation show that the highest ranked option is Option 7 - a new water treatment plant with lime softening. Option 3, the second highest ranked option does not include lime softening and cannot always achieve the aesthetic water hardness targets of the Australian Drinking Water Guidelines.

A plot of benefits versus project costs shows that non-cost benefits accrue in direct proportion to the project cost.

· Implementation of either Option 1, 3 or Option 5 requires numerous cut-overs, refurbishment of existing filters etc. This will have significant risks resulting in planned and unplanned water supply interruptions during refurbishment / cut-overs to the existing WTP. The potential for escalation of cost and the project duration are also high for these options due to any unforeseen conditions in the existing WTP.

· DPIE Water initially favoured Option 1 and is of the view that the installation of plume aeration of the Yass Dam should be done at the earliest and detailed assessments should be undertaken instead of continuing with the current project. This will impact on the project timeline. Council staff believe that while the plume aeration system will be effective during the extended dry weather to improve the dam water quality, it will not be effective during and after extreme wet weather events.

· DPIE Water is the authority to provide s60 Approval Local Government Act 1993 on the technology used for water treatment plant upgrade.

· In April 2020, “Prioritization Advice” was provided to Councils operating water supplies and sewerage systems in NSW by DPIE Safe and Secure Water Programme (SSWP). The risk rating to Yass Water Supply was ‘medium risk” which means accessing SSWP funding will not be feasible as priority will be given to Councils with ‘high risk” ratings.

6. Preferred Option

The preferred option is Option 7 New Treatment Plant with lime softening at an estimated total cost of approximately $32million including contingency.

7. Next Steps

The next steps to progress the project are:

· Inform stakeholders (DPIE Water and NSW Health Water Unit) of Council’s preferred option for water treatment plant upgrade.

· Finalise the Options Assessment Report by the end of May 2020 and commence Concept Design.

· Seek funding for construction

Strategic Direction

Key Pillar 4. Our Infrastructure

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

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

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

ATTACHMENTS: a. HAF Funding Approval Letter for Detailed Design and Business Case Preparation ⇩

Ordinary Council Meeting 27 May 2020

8.1 Investment and Borrowings Report

SUMMARY

In accordance with the Clause 212 Local Government (General) Regulation 2005, this report provides a summary of Council’s investments as at 30 April 2020. 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 2020 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

REPORT

1. Comments on Economic Climate

The Reserve Bank of Australia (RBA) has predicted the country is facing its biggest economic contraction on record and says it is committed to supporting jobs and income as the government has announced plans to relax pandemic-related restrictions by July 2020. The bank has forecast that Australia’s $2 trillion economy would shrink by 10% in the first half of the year marking the first recession in three decades.

To support economic activity, the RBA cut interest rates twice in March 2020 to a record low 0.25% and launched an unlimited quantitative easing program to keep borrowing costs low for banks and consumers. Despite the aggressive monetary and fiscal support measures, the RBA expects the unemployment rate to hit 10% by June and remain around 7.5% during 2021. It expects the economy to contract by 6% this year. The inflation rate is expected to turn negative in the June quarter before turning mildly positive by year-end.

The RBA has said that the speed and timing of the economic recovery is very uncertain beyond the next few months.

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. Council investments are being closely monitored during the COVID-19 pandemic in order to maintain adequate cash flow for Council projects.

Table 1 – Exposure by Credit Rating Type as at 30 April 2020

S&P Rating (or equivalent)	Exposure	Maximum % Invested per Policy
A1+/AAA	Nil	100%
A1/AA	59.58%	100%
A2/A	Nil	60%
A3/BBB	6.87%	30%
N/A	33.55%	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 2020

Institution	S&P Rating (or equiv)	Exposure	Max Exposure per Policy
NAB	A1/AA	26.70%	50%
IMB	A3	6.87%	30%
CBA	A1/AA	32.88%	50%
TCorp	N/A	33.55%	Note 1 above

3. Council Loans

Council has five loans with an estimated 30 April 2020 value of $17.079m. 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 2020. Indicative repayments for 2019/20 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. The NSW Treasury interest free loan sourced for the raising of the dam wall has been completed with the final payment of $750k having been made in December 2019.

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 27 May 2020

8.2 Third Quarter Budget Review Statement 2019/20

SUMMARY

This report represents the 3rd Quarterly Budget Review Statement (QBRS) for the period 1 January 2020 to 31 March 2020 in the financial year ending 30 June 2020.

RECOMMENDATION

That:

1. The 3rd 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 Clause 203(2)(a) Local Government (General) Regulation, Council’s financial position as at 31 March 2020 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) 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) 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 has:

(a) Approved the expenditure, and

(b) 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 2020.

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 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 $29.9m which and is trending slightly higher towards the annual budget forecast of $30.2m. Operational expense of $19.13m (including depreciation) is in line with the predicted expenditure at the completion of the third quarter.

Capital Revenue is under budget on an annualised basis. This is due to the timing of the grant payments being received, and dependent on the achievement of relevant milestones. Capital Expenditure of $13.97m at 31 March, is in line with 2019/20 budget expectations.

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 reduce slightly from a revised budgeted surplus of $2.868m as at 31 December 2019. The revised third quarter review budget result (before capital grants and contributions) is forecast to be a surplus of $2.34m. This result closely aligns with the forecast original budget result for 2019/20 of $2.321m.

2.3 Capital Budget Result

As a result of this budget review, Council’s anticipated expenditure on capital items is expected to be $36.255m for 2019/20. This increase from the December budget review is primarily a result of new grant funding for the replacement of Shingle Hill bridge.

An update on 2019/20 capital works projects is shown in Attachment B.

2.4 Commentary on Key Variances

· An anticipated intial reduction in user charges and fees income due to the impact of COVID-19 of $386k

· An increase to interest and investment income of $610k as a result of additional grant funding invested prior to expenditure occurring

· Variations to capital grants and contributions income primarily comprises grant funding for Shingle Hill bridge ($3.6m), an increase in s64 water and sewer contributions due to a large development ($640k), and Sports Commission grant funding ($100k). There are reductions in expected s7.11 capital contributions ($210k) and the Murrumbateman water pipeline grant funding which is paid in arrears delayed to 2020/21 ($1.075m)

· Staff vacancies have resulted in a reduction of salaries paid this year of $163k

· External recruitment costs, both planned and undertaken, of $122k

· Increase in expenditure required for MagiQ software of $50k

· Increased expenditure on contractors partially due to staff vacancies. Roads ($348k), Sewer ($45k) and Finance (130k)

· Increased Emergency Services expenditure of $167k due to the summer bushfires

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 CL1.4 - Be compliant, more efficient and effective

Operational Plan Activity CL1.4.2 - All regulated compliance is adhered to

ATTACHMENTS: a. 3rd Quarter Budget Review Statement ⇩

b. Capital Works Update ⇩