Agenda of Ordinary Council Meeting - Wednesday, 23 September 2020

8.1 Investment and Borrowings Report

Attachment a August 2020 - Investments

YVC_logo_test_transparent

Minutes of the

Ordinary Meeting of Council

Wednesday 26 August 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. 3

5. Mayoral Minute. 3

6. Director of Planning & Environment Reports. 3

6.1 Proposed Biocertification of Council Owned Property "Hawthorn". 3

6.2 Planning Proposal - Administrative Amendment: 82 Laidlaw Street, Yass. 3

6.3 Planning Proposal - 2155 Sutton Road, Sutton. 4

6.4 Development Application DA200025 - Dragon Dreaming - Caves Road, Wee Jasper. 4

7. Director of Infrastructure & Assets Reports. 5

7.1 NSW Road Classification and Regional Roads Review Overview.. 5

7.2 Safety Concerns Burley Griffin Way, Binalong - Safety Barriers. 6

7.3 Access to Murrumbateman Recreation Area, Barton Highway, Murrumbateman. 6

7.4 Tender Evaluation Report - Yass Valley Way Reconstruction YVC/ASS/03.2020. 7

7.5 Tender Evaluation Report - Cleaning Services for Specified Council Buildings and Amenities YVC/IA/05.2020 8

7.6 Tender Evaluation Report - Walker Park Grandstand YVC/PG/04.2020. 8

8. Director of Corporate & Community Reports. 9

8.1 Six Monthly Progress Reporting on the 2017/18 - 2020/21 Delivery Program.. 9

8.2 Draft 2019/20 Annual Financial Statements. 9

8.3 Revotes from 2019/20 to 2020/21. 9

8.4 Rates and Charges Arrears. 10

8.5 Investment and Borrowings Report. 10

8.6 Amendments to the Model Code of Conduct and Procedures for Local Councils in NSW... 11

9. General Manager Reports. 11

9.1 Design for Civic Precinct Project (Including Library and Work Hub) - 209 Comur Street, Yass. 11

10. Notice of Motion. 12

10.1 Notice of Motion - Affordable Meeting Spaces during COVID-19. 12

10.2 Notice of Motion - Standard Committee Constitution. 12

11. Questions with Notice. 13

12. Minutes and Recommendations of Council Committees. 13

12.1 Minutes of the Audit, Risk & Improvement Committee Meeting held on 14 July 2020. 13

13. Confidential Matters. 13

13.1 Tender Evaluation Report - Yass Valley Way Reconstruction YVC/ASS/03.2020. 14

13.3 Tender Evaluation Report - Walker Park Grandstand YVC/PG/04.2020. 14

13.2 Tender Evaluation Report - Cleaning Services for Specified Council Buildings and Amenities YVC/IA/05.2020 15

Open Forum

Presentations to Council – Items on the Meeting Agenda

SPEAKERS VIA ZOOM

Item 6.2 Planning Proposal – Administrative Amendment: 82 Laidlaw Street, Yass

Jack Walker

Item 6.4 – Development Application DA200025 – Dragon Dreaming – Caves Road, Wee Jasper

Helen Cathles

Item 9.1 Design for Civic Precinct Project

Bec Duncan

Council Meeting - The Mayor declared the meeting open at 4.18 pm.

Present

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

Also present were the General Manager – Chris Berry, Director of Planning & Environment – Julie Rogers, Interim Director of Infrastructure & Assets – Steven Beasley, Director of Corporate & Community – Mark Eady and Corporate Planning & Executive Support Officer – Shirree Garland.

Acknowledgement of Country

1. Prayer

2. Apologies

Nil

3. Declaration of Interest/Disclosures

Councillor Jones declared a pecuniary conflict of interest in Item 13.2 – Tender Evaluation Report – Cleaning Services for Specified Council Buildings and Amenities YVAIA/05.2020 and stated that she believed her interest would preclude her from voting.

Reason: Councillor Jones declared an interest as the tender was advertised in the Sydney Morning Herald but not the Yass Valley Times before the resolution of Council to not advertise in Yass Valley Times.

Councillor McManus declared a significant, non-pecuniary conflict of interest in Item 10.1 – Notice of Motion – Affordable Meeting Spaces During COVID-19 and stated that he believed his interest would preclude him from voting.

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

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 22 July 2020 resolution numbers 103-155 inclusive be taken as read and confirmed.

(Furry/Turner) 116

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

AGAINST: Nil

5. Mayoral Minute

6. Director of Planning & Environment Reports

6.1 Proposed Biocertification of Council Owned Property "Hawthorn"

SUMMARY

The Council owned property “Hawthorn” to the north of Murrumbateman, has long been identified as a logical location for the expansion of the Murrumbateman village. Whether Council develops the land or sells to a third party, Biocertification under the Biodiversity Conservation Act 2016 is a way to consider and embed the best strategic and biodiversity outcomes for the site.

RESOLVED that Strategic Biocertification for the development of the Council property known as ‘Hawthorn’ be pursued.

(Jones/McManus) 117

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

AGAINST: Nil

6.2 Planning Proposal - Administrative Amendment: 82 Laidlaw Street, Yass

SUMMARY

Presenting the outcomes of public exhibition of the Planning Proposal seeking an amendment to the Yass Valley Local Environmental Plan (LEP) 2013 to amend the Land Zoning, Lot Size, Floor Space Ratio and Height of Buildings maps for 82 Laidlaw Street, Yass to reflect the updated cadastral map and the extent of Yass River flooding as shown in the Yass Flood Study.

It is recommended that the Planning Proposal be adopted and the amendment to the Yass Valley LEP 2013 be made by Council as a local plan-making authority.

RESOLVED that :

1. The Planning Proposal - Administrative Amendment: 82 Laidlaw Street, Yass (PP.2019.04) be adopted.

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

3. The amendment to Yass Valley LEP 2013 be made by Council as a local plan-making authority under s3.36 Environmental Planning & Assessment Act 1979.

(Frost/Turner) 118

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

AGAINST: Nil

6.3 Planning Proposal - 2155 Sutton Road, Sutton

SUMMARY

Presenting the outcomes of public exhibition of the Planning Proposal seeking an amendment to Yass Valley Local Environmental Plan 2013 by amending the land zoning and lot size maps for 2155 Sutton Road, Sutton.

It is recommended that the Planning Proposal be adopted and the Department of Planning, Industry and Environment (DPIE) be requested to make the amendment to Yass Valley Local Environmental Plan 2013 as a local plan-making authority.

RESOLVED that :

1. The Planning Proposal - 2155 Sutton Road, Sutton (PP.2018.02) be adopted.

2. The Department of Planning, Industry & Environment be requested to make the amendment to Yass Valley Local Environmental Plan 2013 as a local plan-making authority under s3.36 of the Environmental Planning & Assessment Act 1979.

(Jones/Burgess) 119

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

AGAINST: Nil

6.4 Development Application DA200025 - Dragon Dreaming - Caves Road, Wee Jasper

SUMMARY

To consider Development Application DA200025 for the Dragon Dreaming music, arts and lifestyle festival at Caves Road, Wee Jasper. A three year approval is recommended.

RESOLVED that conditional Development Consent be issued for the Dragon Dreaming event at Caves Road, Wee Jasper subject to the Development Consent being limited to a duration of three years (covering the 2021 to 2023 events inclusive) and the organiser negotiating with NSW Police in relation to user-pays policing.

(Turner/Reid) 120

FOR: Councillors R Abbey, C Burgess, A Harker, M Reid and K Turner

AGAINST: Councillors G Frost, N Furry, J Jones and M McManus

FORESHADOWED MOTION

The application be refused on the following basis:

· The event is unacceptably high-risk due to the relatively remote location at which it is held

· The event is unacceptable taking into account the advice and objections of NSW Police in particular:

- The likelihood that an overdose will take place the time it will take to transport a patient to a critical care facility is high risk, which cannot be further mitigated

- The possibility of a natural disaster resulting in an unplanned evacuation v the number of people and available resources to facilitate an evacuation equal a high risk, which cannot be further mitigated

Jones/

7. Director of Infrastructure & Assets Reports

7.1 NSW Road Classification and Regional Roads Review Overview

SUMMARY

To develop Council’s submission for the NSW Road Classification Review and Transfer and recommend that Council make a submission nominating all Regional Roads for transfer to NSW State Government management.

RESOLVED that a submission to the Road Classification Review and Transfer be made:

1. For the following Council’s Regional Roads to be transferred and fully managed by the NSW State Government:

· Yass Valley Way – from the western intersection with the Hume Highway to the intersection with the Barton Highway

· Burrinjuck Road – from the intersection with the Hume Highway to Burrinjuck Dam

· Murrumbateman Road – from intersection with the Barton Highway to the intersection with Sutton Road

· Sutton/Gundaroo Road – from the intersection with the Federal Highway to the LGA Boundary with Upper Lachlan Shire Council

· Wee Jasper Road - from the LGA boundary with Snowy Valleys Council to the intersection with Comur Street

2. No roads where Council is the road authority have been identified to be re-classified.

3. The submission include a requirement that Regional Roads are maintained at a minimum asset management state 2-good.

4. A report be presented to the September Council meeting to assess the suitability of the following roads for reclassification:

· Shingle Hill Way

· Mulligans Flat Road

· Nanima Road

· Mountain Creek Road

· Fairlight Road

(Frost/Turner) 121

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

AGAINST: Nil

7.2 Safety Concerns Burley Griffin Way, Binalong - Safety Barriers

SUMMARY

To report on options to improve safety at the intersections of Burley Griffin Way (Stephens Street) with Richmond and Fitzroy Streets, Binalong.

RESOLVED that :

1. Council work with TfNSW to install traffic barriers adjacent to the residents at the intersection of Burley Griffin Way (Stephens Street) with Fitzroy and Richmond Streets.

2. The installation of traffic barriers be funded from the State Road Reserve.

3. TfNSW be requested to install fixed speed cameras in Binalong.

4. Council’s portable VMS board be made available.

(Jones/Furry) 122

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 Access to Murrumbateman Recreation Area, Barton Highway, Murrumbateman

SUMMARY

Presenting options for improving road safety and access into the Murrumbateman Recreation Area and seeking endorsement of a preferred option.

MOTION

That:

1. Option 1 for the access into the Murrumbateman Recreations Area be endorsed as the preferred option subject to a replacement advanced London Plane tree being planted on the eastern side of the Barton Highway north of the new access.

· Following consultation with the community the six London Plane trees be planted in the gaps between the remaining memorial trees in the road verge area on the eastern side of the Barton Highway

· A commemorative plaque recognising the stand of memorial trees be installed in consultation with the community.

2. A new memorial be investigated in consultation with the community.

(McManus/Harker)

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

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

MOTION LOST

AMENDMENT

That Option 1 for the access into the Murrumbateman Recreations Area be endorsed as the preferred option and to mitigate the heritage impacts as a result of the tree removal:

· Council will support a replacement and sustainable memorial subject to community feedback on its suitability and location.

· A commemorative plaque recognising the stand of memorial trees be installed.

(Reid/Turner)

FOR: Councillors G Frost, M Reid and K Turner

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

MOTION LOST

FORESHADOWED MOTION

RESOLVED that Option 1 for the access into the Murrumbateman Recreations Area be endorsed as the preferred option subject to a replacement advanced London Plane tree being planted on the eastern side of the Barton Highway north of the new access.

(Jones/Furry) 123

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

AGAINST: Councillor M McManus

7.4 Tender Evaluation Report - Yass Valley Way Reconstruction YVC/ASS/03.2020

SUMMARY

This report provides advice on the submission of tenders for the Yass Valley Way Reconstruction, contract YVC/ASS/03.2020. This tender includes the reconstruction of 5.26km of Yass Valley Way commencing from the double roundabouts near the Barton Highway through to the intersection of the Hume Highway.

RESOLVED that this item of the Director of Infrastructure & Assets report’s 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 commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

(McManus/Turner) 124

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 Tender Evaluation Report - Cleaning Services for Specified Council Buildings and Amenities YVC/IA/05.2020

SUMMARY

This report provides advice on the recent Tender YVC/IA/05/2020 – Cleaning Services for Specified Council Buildings and Amenities.

(McManus/Turner) 125

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

AGAINST: Nil

7.6 Tender Evaluation Report - Walker Park Grandstand YVC/PG/04.2020

SUMMARY

This report provides advice on the submission of tenders for the construction of a covered grandstand, commentators box, footpath and disabled amenities at Walker Park Sporting Complex, Yass.

RESOLVED that this item of the Director Infrastructure and 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.

(McManus/Turner) 126

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

AGAINST: Nil

8. Director of Corporate & Community Reports

8.1 Six Monthly Progress Reporting on the 2017/18 - 2020/21 Delivery Program

SUMMARY

In line with the Integrated Planning and Reporting Framework, Council is required to prepare every six months, a report on progress against the actions and activities identified in its Delivery Program. This report contains the status of actions and activities undertaken for the period 1 January 2020 to 30 June 2020. This report will be placed on Council’s website.

RESOLVED that the six monthly Progress Report for the 2017/18 – 2020/21 Delivery Program for period 1 January 2020 to 30 June 2020 be noted.

(Furry/Turner) 127

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 Draft 2019/20 Annual Financial Statements

SUMMARY

In accordance with s413 Local Government Act 1993, approval is sought to refer the Draft 2019/20 Annual Financial Statements to Council’s external auditor.

RESOLVED that :

1. The Draft 2019/20 Annual Financial Statements be referred to the NSW Audit Office when completed.

2. The Statement of Councillors and Management be signed in accordance with s413 (1), (2) and (3) Local Government Act 1993.

(Furry/Harker) 128

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 Revotes from 2019/20 to 2020/21

SUMMARY

To submit proposed revotes and project costs to be carried forward from 2019/20 to the new financial year 2020/21.

RESOLVED that :

1. The budgets detailed in Attachment A Revotes from 2019/20 to 2020/21 be revoted.

2. The budgets detailed in Attachment B Carry Forward funds from 2019/20 to 2020/21 be noted.

(Frost/Furry) 129

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 Rates and Charges Arrears

SUMMARY

To update Council on rate arrears to the end of the fourth quarter of the 2019/20 financial year.

Rate arrears totalled $1,289,675.96 as at 30 June 2019. It has reduced to $286,203.04 at 30 June 2020. This represents an improvement of $1,003,472.92 or 77.81%.

RESOLVED that the report on rate arrears be noted.

(Turner/Burgess) 130

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

AGAINST: Nil

8.5 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 July 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 July 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/Turner) 131

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

AGAINST: Nil

8.6 Amendments to the Model Code of Conduct and Procedures for Local Councils in NSW

SUMMARY

The Office of Local Government have advised that amendments have been made to the Model Code of Conduct and Procedures which have taken effect from 14 August 2020. Council are required to adopt the Model Code and Procedures.

RESOLVED that the amended 2020 Model Code of Conduct for Local Councils in NSW and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW be adopted.

(Furry/McManus) 132

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

AGAINST: Councillor G Frost

9. General Manager Reports

9.1 Design for Civic Precinct Project (Including Library and Work Hub) - 209 Comur Street, Yass

SUMMARY

To present a draft project brief for the preparation of plans and documentation for the design of an civic precinct project (including library and work hub) at 209 Comur Street, Yass. It is recommended that the process for engaging an appropriately qualified and experienced consultant be commenced.

RECOMMENDATION

That:

1. The project brief for the design of a civic precinct project (including library and work hub) at 209 Comur Street, Yass be endorsed.

2. A procurement process be undertaken to engage as suitably qualified and experienced consultant for the project.

NOTE: Original recommendation was not considered.

9.1A Design for Civic Precinct Project (Including Library and Work Hub) - 209 Comur Street, Yass - Suplementary Report

SUMMARY

To present a supplementary report on the draft project brief for the preparation of plans and documentation for the design of an civic precinct project (including library and work hub) at 209 Comur Street, Yass.

RESOLVED that :

1. Council commence an immediate cross media strategy to publicise to the Yass Valley public its intention to begin work on a civic precinct project. The strategy to highlight:

a. The favoured location – 209 Comur Street, Yass

b. The scope of the intended works to include but not limited to a new library, community meeting rooms, small business centre/work hub, short term accommodation, space for long term government tenants

2. Feedback from the public be received by submissions through a range of suitable mechanisms including a forum

3. A procurement process be undertaken to engage a suitably qualified and experienced consultant for the project

(Jones/Turner) 133

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

AGAINST: Nil

10. Notice of Motion

At 06:08 pm Councillor McManus left the Chambers.

10.1 Notice of Motion - Affordable Meeting Spaces during COVID-19

Councillor Geoff Frost gave notice that at the Ordinary Council Meeting on 26 August 2020, he will move the following motion.

MOTION

That Yass Valley Council use the Memorial Hall to provide the public and community groups with access to affordable meeting spaces during the COVID 19 pandemic.

(Frost/Turner)

RESOLVED that the Motion be put.

(Furry 134

FOR: Councillors G Frost, J Jones and K Turner

AGAINST: Councillors R Abbey, C Burgess, N Furry, A Harker and M Reid

MOTION LOST

At 06:29 pm Councillor McManus returned to the Chambers

10.2 Notice of Motion - Standard Committee Constitution

Councillor Nathan Furry gave notice that at the Ordinary Council Meeting on 26 August 2020, he will move the following motion.

RESOLVED that the following amendments be adopted to Section 8 of the Committee Standard Constitution and Instrument of Delegation:

· In consultation with Committee members, s355 Committees can conduct ordinary and annual general meetings through an online meeting platform, or provide this platform in addition to meeting in person (where members may require it)

· Members of s355 Committees who choose to attend ordinary and annual general meetings by online meeting platform are counted towards quorum.

(Furry/Reid) 135

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

AGAINST: Nil

11. Questions with Notice

Nil

12. Minutes and Recommendations of Council Committees

12.1 Minutes of the Audit, Risk & Improvement Committee Meeting held on 14 July 2020

RESOLVED that the Minutes of the Meeting of the Audit, Risk & Improvement Committee held on 14 July 2020 be noted.

(Harker/Furry) 136

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

AGAINST: Nil

13. Confidential Matters

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

13.1 Tender Evaluation Report - Yass Valley Way Reconstruction YVC/ASS/03.2020

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

13.2 Tender Evaluation Report - Cleaning Services for Specified Council Buildings and Amenities YVC/IA/05.2020

Item 13.2 is confidential in accordance with section s10(A)(2)(di) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

13.3 Tender Evaluation Report - Walker Park Grandstand YVC/PG/04.2020

Item 13.3 is confidential in accordance with section s10(A)(2)(di) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

(Furry/Turner) 137

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

AGAINST: Nil

Closed Council commenced at 6.39 pm.

13.1 Tender Evaluation Report - Yass Valley Way Reconstruction YVC/ASS/03.2020

SUMMARY

RESOLVED that :

1. The tender of $1,125,465.62 from Roadworx Surfacing to reconstruct the 5.26km of failing pavement on Yass Valley Way be accepted.

2. A contingency of $200,000 be allocated for latent conditions and unsuitable material.

(Furry/Burgess) 138

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

AGAINST: Nil

13.3 Tender Evaluation Report - Walker Park Grandstand YVC/PG/04.2020

SUMMARY

This report provides advice on the submission of tenders for the construction of a covered grandstand, commentator’s box, footpath and disabled amenities at Walker Park Sporting Complex, Yass.

RESOLVED that the lump sum tender of $571,454.03 (ex GST) be accepted from Monarch Building Solutions for the construction of a covered grandstand, commentator’s box, footpath and disabled amenities at the Walker Park Sporting Complex, Yass.

(McManus/Turner) 139

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

AGAINST: Nil

At 06:51 pm Councillor Jones left the Chambers.

13.2 Tender Evaluation Report - Cleaning Services for Specified Council Buildings and Amenities YVC/IA/05.2020

SUMMARY

This report provides advice on the Evaluation process, results and recommendation by the Panel for the Tender YVC/IA/050.2020, Cleaning Services for Specified Council Buildings and Amenities.

RESOLVED that the Tender submission by Fast Facilities Services Pty Ltd of $102,505 pa (Ex GST) for the provision of Cleaning Services for Specified Council Buildings and Amenities for Contract YVC/IA/05.2020, representing the best value for money be accepted.

(Furry/McManus) 140

Councillor Reid left the meeting at 6.55pm

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

AGAINST: Nil

RESOLVED that the meeting move into Open Council.

(Turner/Furry) 141

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

AGAINST: Nil

Open Council resumed at 7.00 pm.

RESOLVED that the recommendations in Closed Council be adopted.

(Furry/Turner) 142

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

AGAINST: Nil

The meeting closed at 7.01 pm.

Rowena Abbey
Mayor

Position	Directorate
Councillor	Council
Councillor	Council
Councillor	Council
Councillor	Council
Councillor	Council
Councillor	Council
Councillor	Council
Councillor	Council
Councillor	Council
General Manager	Executive
Manager Risk, Audit & Improvement	Executive
Director	Planning & Environment
Manager Development Control	Planning & Environment
Manager Strategic Planning	Planning & Environment
Coordinator Environmental Services	Planning & Environment
Senior Environmental Health Officer	Planning & Environment
Environmental Health Officer	Planning & Environment
Assistant Environmental Health Officer	Planning & Environment
Compliance Ranger	Planning & Environment
Senior Biosecurity Weeds Officer	Planning & Environment
Natural Resource & Sustainability Officer	Planning & Environment
Development Planner	Planning & Environment
Development Planner	Planning & Environment
Development Planner	Planning & Environment
Development Planner	Planning & Environment
Building Surveyor	Planning & Environment
Building Surveyor	Planning & Environment
Director	Corporate & Community
Chief Financial Officer	Corporate & Community
Manager Organisation Development	Corporate & Community
Manager ICT	Corporate & Community
Manager Tourism & Business Liaison	Corporate & Community
Coordinator Library Services	Corporate & Community
Financial Accountant	Corporate & Community
Director	Infrastructure & Assets
Manager Maintenance Services	Infrastructure & Assets
Manager Water & Wastewater	Infrastructure & Assets
Manager Engineering Services	Infrastructure & Assets
Manager Roads Delivery	Infrastructure & Assets
Manager Facility & Waste Assets	Infrastructure & Assets
Manager Recreational Assets	Infrastructure & Assets
Project Engineer Water & Wastewater	Infrastructure & Assets
Asset Engineer	Infrastructure & Assets
Support Engineer	Infrastructure & Assets
Parks Project Officer	Infrastructure & Assets
Coordinator Fleet & Procurement	Infrastructure & Assets

Ordinary Council Meeting 23 September 2020

7.1 Planning Proposal - 7 Iceton Place, Yass

SUMMARY

To present a report on a draft Planning Proposal seeking an amendment to the minimum lot size under the Yass Valley LEP 2013 for 7 Iceton Place, Yass.

RECOMMENDATION

That:

1. Draft Planning Proposal - 7 Iceton Place, Yass (PP.2020.03) 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.2020.03) 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

Nil.

POlicy & Legislation

· Environmental Planning & Assessment Act 1979

· 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 Yass and District will be 10,645 people by 2036, with an ultimate population of 20,000 people. Yass needs an additional 5,360 residential lots to accommodate the additional population growth by 2036. Land which is currently zoned residential has a capacity of 2,645 residential lots requiring more land to be rezoned to meet the shortfall of 2,715 residential lots.

The Strategy identified greenfield and brownfield sites in Yass to accommodate future population growth. The land immediately south of Cusack Place/Craig Close is also identified as Potential Future Residential Expansion Area (refer Attachment A).

2. Planning Proposal

A draft Planning Proposal has been received seeking an amendment to the minimum lot sizes in the Yass Valley LEP 2013 for the land at 7 Iceton Place, Yass.

The site is located approximately 3km from the Yass town centre and is situated immediately south of the Yass Valley Way and Craig Close, east of Cusack Place and Gums Lane and west of Dog Trap Road. O’Brien’s Creek flows through the site in a northerly direction toward the Yass River (refer Figure 1 below).

The site is comprised of three parcels of land and has a total area of 173.3ha. The site is currently zoned R5 Large Lot Residential with a minimum lot size of 10ha under Yass Valley LEP 2013.

Surrounding development is characterised as rural residential comprising detached houses.

Figure 1: Site Location

The draft Planning Proposal seeks to amend the Yass Valley LEP 2013 by reducing the minimum lot size of the site from 10ha to 1ha and 2ha. It is proposed that the majority of the site (141.8ha) will have a minimum lot size of 2ha whereas a smaller section (31.5ha) will have 1ha minimum lot size (refer Attachment B).

The draft Planning Proposal would enable the eventual development of the site for approximately 72 rural residential lots.

2.1 Site Analysis

Ecological Value

The submitted Biodiversity Development Assessment Report (BDAR) has identified the biodiversity values and constraints to development.

The assessment indicates that the site is extensively cleared and has been subject to pasture improvement over many years. The ecological surveys found that 82% of the site does not support any significant biodiversity values. The vegetation in the riparian zone along O’Briens Creek is largely characterised by exotic pasture grasses and the only woody riparian vegetation is restricted to a few small patches of Willow and Elm.

Only 18% of the site supports significant biodiversity values. There are patches of habitat of two threatened species – Golden Sun Moth and Striped Legless Lizard (refer Attachment C).

A conceptual lot layout has been prepared where the main patches of Golden Sun Moth and Striped Legless Lizard habitats are contained in larger lots. Similarly, a separate lot has been created to protect riparian land. These lots can be managed through Conservation Agreements or similar mechanism, to protect and manage the 19.22ha of land that supports significant biodiversity values.

The areas of habitat that would be impacted by the proposed development will be required to be offset. The offsets would be calculated at the development assessment stage if the amendment to Yass Valley LEP 2013 is approved.

Traffic Impact Assessment

The submitted Traffic Impact Assessment Report notes that the proposed development is expected to generate a total of 533 additional daily vehicle movements, of which 409 are expected to exit and enter the site through Yass Valley Way.

The secondary access will be provided to Wee Jasper Road via Iceton Place, Cusack Place and Gums Lane which currently carry relatively low volumes of traffic.

The report recommends works to mitigate traffic impacts. The proposed development is not anticipated to create of any significant traffic impacts with the implementation of the recommended mitigation measures.

Heritage

The site is not listed at a Heritage Item in the Yass Valley LEP 2013.

An Aboriginal Cultural Heritage Assessment concludes that:

· No registered Aboriginal heritage sites are located within the site

· No areas of potential archaeological deposits or heritage sites have been identified within the site and the potential for Aboriginal heritage objects to be present within has been assessed as low

· A subdivision of the site for rural residential purposes can proceed without further investigation or heritage assessment

Contaminated Land

Four potential areas of environmental concern from imported fill, the use of agricultural chemicals, fuel storage, and zinc leaching from galvanized corrugated roof sheeting from sheds on site has been identified in the Stage 1 Preliminary Site Investigation.

The preliminary investigation concludes that the site could be remediated for residential development, subject to subsurface investigations carried out at Stage 2 Detailed Contamination Investigation as part of the development assessment stage in the planning process.

The report concludes that the Planning Proposal can proceed without further investigation at this time.

Flood Prone Land

Although the site is outside the scope of the Yass Flood Study 2016, O’Briens Creek runs through the site flowing northerly toward the Yass River. A site specific flood impact assessment considered the 1% AEP flood level as the flood planning level and identifies the depth and flood level for the site (refer Attachment D).

Based on this study, the proposal will not be significantly impacted by flooding.

Groundwater Vulnerability

The Yass Valley LEP 2013 identified the southern part of the site is vulnerable to groundwater contamination (refer Figure 2 below).

Future development will need to be assessed to ensure it would not have any impact on the groundwater quality. This can be undertaken as part of any future Development Application should the rezoning be approved.

Figure 2: Groundwater Vulnerability

Dryland Salinity

The site is also identified in the Yass Valley LEP 2013 as being partially affected by potential dryland salinity (refer Figure 3 below).

Figure 3: Dryland Salinity

The Land Capability Assessment prepared for the site states that:

· The areas mapped as salt affected are associated with drainage depressions and there is no evidence of saline scalding, no impact to pasture growth or species composition in adjacent paddocks, and no salt crusting evident; and

· These areas are stable and not eroding but do present a limitation to effluent disposal and dwelling construction. These areas are already included in the buffer areas associated with the drainage depressions

Land Capability Assessment

The site is not connected to a reticulated water supply or a reticulated sewerage system. Therefore, any rural residential development on the site will have to secure and manage a sustainable source of water for potable and non-potable uses and on site effluent management systems.

A Land Capability Assessment has been carried out to determine the suitability of the site:

· To sustainably manage on-site effluent on-site as per Australian Standards; and

· Provide unconstrained building sites for the construction of future dwellings

The constraints identified have been reflected on the Land Capability Constraints Plan (refer Attachment E).

Bush Fire Prone Land

The site is not identified on current Bush Fire Prone Land Map. However, it is subject to bushfire risk from grasslands as identified in the Bush Fire Strategic Study prepared for the site.

This report supports the proposed minimum lot size (1-2ha) on the site and concludes that the site is deemed to meet the objectives of the Planning for Bushfire Protection and is capable of meeting the acceptable solutions for Residential and Rural Residential Subdivisions.

3. Strategic Planning Assessment

The proposed amendment is consistent with the recommendation of the South East and 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 15: Enhance Biodiversity Connections

The proposal has proposed measures to protect and manage threatened species – the Golden Sun Moth and Striped Legless Lizard as well as the riparian land within the site. This will not only protect the biodiversity values of the site but will also enhance biodiversity connectivity with the surrounding land.

· Direction 24: Deliver Greater Housing Supply and Choice

The proposal will create opportunity for approximately 72 rural residential lots in Yass that will support future housing demand. This will also offer more housing choice and a rural lifestyle in proximity to Yass town.

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

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

· Direction 28: Manage Rural Lifestyle

The proposal is also consistent with the Yass Valley Settlement Strategy as the site was identified as a Potential Future Residential Expansion Area in the Strategy with a potential to be zoned R1 General Residential from R5 Large Lot Residential to accommodate the future population growth.

The detailed investigation identified that the site has significant constraints and is not suitable for urban residential development, although it is suitable for rural residential development on larger lots. To that end, the proposal is consistent with the principles of the Strategy that any future development in the Yass Valley should be contiguous to the existing settlements and should utilise existing infrastructure, services and facilities.

The Yass Valley Settlement Strategy identified part of the site as a potential future urban release area. At a Councillor Workshop on the proposal and the form of development was discussed and it was considered that a rural residential use of the area would be more consistent with the pattern of surrounding development taking into account the site’s isolation from water and sewer infrastructure and existing urban development.

4. Conclusion

The proposal is consistent with regional and local strategic planning 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 forwarded to the Minister for Planning and Public Spaces to request a Gateway determination. Delegation to make the amendment as the 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. Land identified for future development in south of Yass ⇩

b. Proposed Minimum Lot Sizes ⇩

c. Ecology Map ⇩

d. Flood Map ⇩

e. Land Capability Constraints Map ⇩

6.3 Development Application No DA200069 - Dwelling House, 15 Hanley Place, Yass

Attachment e Draft Conditions

DRAFT CONDITIONS DA200069

PART A - GENERAL CONDITIONS

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

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

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

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

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

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

(6) The premises are only to be used as a single residential dwelling and shall not be used or adapted for separate use or occupation as a dual occupancy without the prior consent of Council.

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

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

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

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

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

· Australian Standards and

· AustRoads

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

(10) The overall maximum height of the dwelling to the ridge measured to Australian Height Datum shall be not more than 523.4m. This is to be confirmed by a registered surveyor prior to the placement of any roof sheeting.

(11) The proposed driveway shall be of a colour consistent with asphalt or charcoal grey coloured concrete broom finished (not stamped or stencilled).

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

(13) Any Archaeology object discovered during excavation having interest due to its age or association with the past is uncovered during the course of the work:

(a) all work must stop immediately in that area, and

(b) the Office of Environment and Heritage must be advised of the discovery.

Note: Depending on the significance of the object uncovered, an archaeological assessment and excavation permit under the Heritage Act 1997 may be required before further the work can continue.

(14) If any Aboriginal object (including evidence of habitation or remains) is discovered during the course of the work:

(a) all excavation or disturbance of the area must stop immediately in that area, and

(b) the Office of Environment and Heritage must be advised of the discovery in accordance with section 89A of the National Parks and Wildlife Act 1974.

Note: If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974.

PART B - PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

(1) Prior to a Construction certificate being issued, the applicant shall submit to the Principal Certifier, a copy of an Owner Builder Permit or a Certificate of Insurance under the Home Building Compensation Fund for the proposed development as applicable under the provisions of the Home Building Act 1989.

(2) A report from a suitably qualified professional stating the soil classification of the site as required by AS 2870 - Residential Slabs & Footings shall be submitted to the Principal Certifier.

(3) Structural drawings prepared by a suitably qualified and experienced Structural Engineer must be submitted to and approved by the Principal Certifier prior to the issue of a Construction Certificate. The plans shall detail:

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

(b) Footings of the proposed structure;

(c) Structural steel wall frames, roof framing members, beams, columns, bearers, joists and wall/roof bracing (as applicable to the development).

(4) An application to have a metered connection (25mm water meter) to Council’s water supply shall be lodged with Council. This meter shall remain connected for at least the full period of construction. The fee for the provision of this service shall be levied in accordance with the Council’s Management Plan relevant at the time of payment;

(5) Retaining walls or other approved methods of preventing movement of the soil must be provided if the soil conditions require it and adequate provisions made for drainage. Where retaining walls that are located closer than 900mm to a property boundary or exceed 600mm metre in height, Engineers details must be submitted to and approved by the Principal Certifier.

PART C - PRIOR TO COMMENCEMENT OF WORKS

(1) Council shall be informed of the name and details of the Principal Certifier and the date

construction work is proposed to commence, no later than two days prior to such commencement;

(2) A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.

(3) The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.

(4) Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the discharge of loose sediment on the surrounding land by:

(a) diverting uncontaminated run-off around cleared or disturbed areas, and

(b) erecting a silt fence and providing any other necessary sediment control measures that will prevent debris escaping into drainage systems, waterways or adjoining properties, and

(d) stockpiling top soil, excavated materials, construction and landscaping supplies and debris within the lot.

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

(a) showing the name, address and telephone number of the Principal Certifier for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

This sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed

(6) A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works:

(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or

(b) could cause damage to adjoining lands by falling objects, or

Note: Clauses 2.67 and 2.68 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specify which scaffolding, hoardings and temporary construction site fences are exempt development and state the applicable standards for that development.

(7) Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site. Each toilet provided must be:

(a) be a standard flushing toilet connected to a public sewer, or

(b) have an on-site effluent disposal system approved under the Local Government Act 1993, or

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

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

(9) Any contractor undertaking works in a Council road reserve shall be recognised by Council as an “Approved Contractor” for such works.

The contractor shall also submit the following details to Council not less than three days prior to works commencing:

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

(b) Current Plant / vehicle insurances;

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

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

PART E - EARTHWORKS, INTERNAL DRIVEWAYS & IMPORTATION OF ASSOCIATED MATERIAL

(1) Unless otherwise approved by a condition of consent or the stamped approved plans earthworks, internal driveways and the importation of associated material is restricted to that which can be undertaken as exempt development under the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008;

(2) Any earthworks (including any structural support or other related structure for the purposes of the development):

(a) must not cause a danger to life or property or damage to any adjoining building or structure on the lot or to any building or structure on any adjoining lot, and

(b) must not redirect the flow of any surface or ground water or cause sediment to be transported onto an adjoining property, and

(c) that is fill brought to the site—must contain only virgin excavated natural material (VENM) as defined in Part 3 of Schedule 1 to the Protection of the Environment Operations Act 1997, and

(d) that is excavated soil to be removed from the site—must be disposed of in accordance with any requirements under the Protection of the Environment Operations (Waste) Regulation 2005.

(3) Any excavation must be carried out in accordance with Excavation Work: Code of Practice (ISBN 978-0-642-785442), published in July 2012 by Safe Work Australia.

(4) Material imported to the site must be suitable for the proposed application/fit for purpose and be:

(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;

Documentation demonstrating compliance with this condition must be provided to Council upon request.

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

(a) A maximum of 6 movements per day (1 movement = in and out of the site);

(b) No movements on weekends or public holidays;

PART F – INSPECTIONS

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

Where Council is nominated as the Principal Certifier, inspections will be required at the following stages of construction:

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

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

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

(3) As the local Road Authority Yass Valley Council must undertake inspections at the following stages of construction:

Inspection

Hold Point

(a) Vehicular access

Upon completion of the vehicular access and prior to the occupation or use of the development.

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

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

(a) Sediment control measures.

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

(6) Roof truss and wall bracing details are to be supplied to the Principal Certifier prior to frame inspection.

PART H – CONSTRUCTION

(1) Works must be carried out in accordance with the plans and specifications to which the consent relates.

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

(3) Hours for construction - Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.

(4) All materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.

(5) Waste materials (including excavation, demolition and construction waste materials) must be managed on the site and then disposed of at a waste management facility.

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

(6) Any run-off and erosion control measures required must be maintained within their operating capacity until the completion of the works to prevent debris escaping from the site into drainage systems, waterways, adjoining properties and roads.

(7) During construction:

(a) all vehicles entering or leaving the site must have their loads covered, and

(b) all vehicles, before leaving the site, must be cleaned of dirt, sand and other materials, to avoid tracking these materials onto public roads.

(8) At the completion of the works, the work site must be left clear of waste and debris.

PART I – PLUMBING AND DRAINAGE

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

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

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

· Notice of Work (NoW);

· Sewer Service Diagram (SSD);

· Certificate of Compliance (CoC).

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

PART J – STORMWATER DRAINAGE

(1) If the work is the erection of, or an alteration or addition to, a dwelling house, the roof stormwater drainage system must be installed and connected to the drainage system before the roof is installed.

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

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

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

(5) Stormwater run-off from the subject site onto the adjoining properties as a result of the proposed development is not to exceed the existing level of runoff from the subject site. Suitable provision should be made to retard any increased storm water runoff from the site.

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

(a) The street stormwater drainage system;

(b) Inter-allotment stormwater drainage system;

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

PART M - PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

(1) Prior to the issue of any Occupation Certificate, An application for an occupation certificate must be lodged with the Principal Certifier.

(2) Prior to the issue of any occupation certificate, all applicable Clauses under Section 6.10 of the Environmental Planning and Assessment Act 1979 shall be complied with.

(3) An occupation certificate authorising a person:

(a) to commence occupation or use of a partially completed new building, or

(b) to commence a new use of a part of an existing building,

must not be issued unless the building will not constitute a hazard to the health or safety of the occupants of the building.

(4) Prior to the issue of any occupation certificate, certificates of compliance/installation for contractor’s works as applicable to the development shall be submitted to the Principal Certifier.

Where Council is nominated as the Principal Certifier, the certificates listed below will be required as applicable to the development:

· Air-conditioning

· Electrical

· Frame (Timber or Metal)

· Gas fitting

· Glazing (windows, glazed doors and shower screens)

· Installation Certificate for the swimming pool, pump and filtration system

· Installation or maintenance of refrigeration systems

· Insulation

· Photovoltaic electricity generating system

· Plumbing/drainage

· Smoke Alarms

· Solid Fuel Heater

· Stormwater

· Structural Adequacy

· Termite Protection Systems

· Waterproofing

As applicable to the works, a copy of the tradespersons license number, qualifications, professional memberships, insurances, name, address and the Australian Standards or standards to which the certificate relates is to be included on the Certificate.

It is important to note that this list may not cover all developments and Council may request additional certificates prior to the issue of an occupation certificate.

(5) Prior to the issue of any occupation certificate, all commitments of the relevant BASIX Certificate have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

Note: All critical stage inspections must be carried out in accordance with Section 109E(3)(d) of the Environmental Planning and Assessment Act 1979 prior to the issue of any Occupation Certificate.

(6) Prior to the issue of any occupation certificate, the applicant is to submit written certification to the Principal Certifier certifying that the development has been constructed in accordance with the commitments of the relevant BASIX Certificate. Such certification shall make reference to the:

· Address of the site;

· Development Consent Number;

· BASIX Certificate Number.

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

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

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

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

NOTES ACCOMPANYING DEVELOPMENT CONSENT DA200069

(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 2.3 and Clause 4.6 of the Yass Valley Local Environmental Plan 2013;

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

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

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

(5) 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.

(6) To arrange a building or plumbing inspection please use Councils on-line booking system. Access to the booking system and information about Inspections is available on Council’s website - https://www.yassvalley.nsw.gov.au/our-services/planning-and-building/certification-and-inspections/inspections/

Your development is in the Yass area for the purpose of booking these inspections.

Ordinary Council Meeting 23 September 2020

7.4 Development Application No DA200049 - Subdivision, Isabel Drive, Murrumbateman

SUMMARY

To present a report on Development Application No 200049 for a 101 lot subdivision of Lot 1 DP1257138, Isabel Drive, Murrumbateman. It is presented to Council as it attracted 65 submissions and involves a variation to the minimum lot size for one lot. Approval is recommended, subject to the submission of a revised Land Capability Assessment for effluent disposal and a Voluntary Planning Agreement for the open space.

RECOMMENDATION

That:

1. Development Consent be issued for a 101 lot subdivision of Lot 1 DP 1257138, Isabel Drive, Murrumbateman following receipt of a satisfactory revised Land Capability Assessment for effluent disposal

2. The dedication of the open space lot be supported, subject to conditions of Development Consent including a Voluntary Planning Agreement covering the dedication, associated works, and initial maintenance period

3. A further report be presented to Council on the draft terms of the Voluntary Planning Agreement

FINANCIAL IMPLICATIONS

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

POLICY & LEGISLATION

· Environmental Planning & Assessment Act 1979

· Environmental Planning & Assessment Regulation 2000

· Biodiversity Conservation Act 2016

· Water Management Act 2000

· National Parks & Wildlife Act 1974

· State Environmental Planning Policy (Infrastructure) 2007

· Yass Valley Local Environmental Plan 2013

· Yass Valley Settlement Strategy

· Murrumbateman Structure Plan

· South East & Tablelands Regional Plan 2036

· Yass Valley Community Engagement Strategy

· Yass Valley Development Contributions Plan 2018

· Road Standards Policy

· Building Line Policy

· Application Assessment & Decision Making Policy

· Water Supply for Rural Areas & Villages Policy

· Parks & Playgrounds Strategy

REPORT

1. Applications Details

Date Received	-	31 March 2020
Land	-	Lot 1 DP1257138, Isabel Drive, Murrumbateman
Area	-	99.55ha
Zoning	-	R2 Low Density Residential, R5 Large Lot Residential

2. Site Description and Locality

The development site is approximately 100ha in size and located west-southwest of the Murrumbateman village. It is an irregular shape, with frontage to Isabel Drive, McIntosh Circuit, Colonial Place and Merryville Drive. The site is bordered by Shaw Winery, Merryville Estate and Carrington Park Estate and was formerly part of the Shaw Vineyard Estate but has been excised from that holding.

The site is generally undulating with the highest areas being towards the centre. McClungs Creek bisects the site and there are several other drainage lines and dams. Part of the site is identified as having significant native vegetation. There is currently no significant development located on the land other than bores and historically has been used primarily for stock grazing.

The site is subject to two zones and minimum lot sizes under the Yass Valley LEP 2013. The eastern portion is zoned R2 Low Density Residential with a minimum lot size of 6,500m² and the western portion is zoned R5 Large Lot Residential with a minimum lot size of 1ha.

A Locality Plan is included in Attachment A.

3. Proposal

The Development Application was initially lodged for a 106 lot subdivision including 104 development lots and two open space lots. The proposal has been revised to 100 lots and one open space lot. The open space lot includes a shared horse/bike/pedestrian trail from Isabel Drive to Merryville Drive. The subdivision is proposed in two stages with stage one being the eastern portion and stage two the western portion.

The lot sizes range from 5,800m²to 14,800m², with the smallest (Lot 136) representing a variation to the 6,500m² minimum lot size of.

A copy of the revised subdivision plan and the original subdivision plan are included in Attachment B.

4. Public Exhibition

Public exhibition included:

· Letters to 170 nearby properties determined by a buffer distance from the development site

· Notice to the Murrumbateman Progress Association

· Signs displayed at the site (McIntosh Circuit, Merryville Drive and Colonial Place)

· Notice on Council’s website and Facebook page

A total of 65 submissions were received including two broadly in support and 63 either raising matters of concern or objecting to the proposal.

A Planning Forum was held in July 2020 to provide an opportunity for submission authors and the Applicant to address Council prior to determination of the proposal. Five presentations were made, including two on behalf of the Applicant and three by submitters. A site meeting was also held with representatives of the Merryville Community Association.

The key issues raised in the submissions and at the planning forum relate to:

· Lot Layout and Open Space	· Murrumbateman Services and Facilities
· Lot Sizes and Variation to Minimum Lot Size	· Development Contributions
· Consistency with Settlement Strategy	· Electricity and Internet
· Access and Road Network	· Bushfire Hazard
· Paths and Cycleways	· Aboriginal Cultural Heritage
· Tree Removal, Vegetation and Biodiversity Impacts	· Subdivision Management and Building Design Covenants
· Additional Tree Buffer with Carrington Estate	· Boundary Alignments Issues
· Bore, Groundwater and Water Supply	· Street Lighting
· Onsite Effluent Disposal	· Domestic Animals and Cat Containment
· Stormwater Drainage and Dam Removal	· Development Application Lodgement Timing
· Murrumbateman School	· Suggested Conflict of Interest

Copies of the submissions are included in Attachment C and the Applicant’s response is in Attachment D.

5. Referrals

The application was referred to the Natural Resources Access Regulator (NRAR), WaterNSW, Department Planning, Infrastructure & Environment (Biodiversity & Conservation), and Transport for NSW (TfNSW). A copy of the referral responses are included in Attachment E.

5.1 Natural Resources Access Regulator (NRAR)

The application was referred to NRAR as it involves lots fronting and the crossing of, McClungs Creek. NRAR requested amendments to the lot layout to minimise impacts on waterfront land and the number of lots with frontages to the watercourses. The subdivision layout was amended to address these issues and NRAR has now issued their conditions for any approval that may issue.

5.2 WaterNSW

The application was referred to WaterNSW in relation to the supplementary bore water supply. The Applicant indicated the proposal will involve a new bore and therefore will require a new Water Access Licence (WAL). In relation to the new bore WaterNSW advised that a new water supply approval is required. Consent conditions can require evidence to be submitted of an amended or new water supply approval and WAL prior to the issue of any Subdivision Certificate. There is no guarantee that WaterNSW will issue amended or new approvals. However, the bore supply is secondary non-potable supply and is not a necessity to service the subdivision.

5.3 Department Planning, Infrastructure & Environment (Biodiversity & Conservation)

The application was referred to DPIE (B&C) as part of the site contains an Endangered Ecological Community (i.e. Tablelands Box-Gum Woodland) and to obtain advice regarding the open space. DPIE (B&C) raised concerns about the number of lots proposed with building envelopes adjacent to and within the area of the EEC. DPIE (B&C) recommended that the majority of lots within the biodiversity corridor become open space and be protected with a Vegetation Management Plan to facilitate the use of the space whilst ensuring environmental values are protected and managed. The amended subdivision layout includes all the biodiversity corridor being located within a public open space lot to address these concerns.

5.4 Transport for NSW (TfNSW)

The application was referred to TfNSW in response to submissions about the adequacy of the Barton Highway intersections (particularly McIntosh Circuit) which will serve as the main transport routes for the development. TfNSW do not raise an objection to the proposal. TfNSW have provided further comments for consideration for the assessment of the local road network, such as for speed design, service and construction vehicles, and alterative transport modes.

6. Assessment

An assessment of the DA has been completed in accordance with the planning legislation. It generally complies with the relevant planning controls, policies and guidelines, with the exception of one lot which involves a variation to the minimum lot size requirement. The following is a response to the planning issues identified, including those raised in the submissions. These comments have been considered in the assessment.

6.1 Lot Layout and Open Space

Concerns were raised with the lot layout and open space, particularly in the area around McClungs Creek and a secondary watercourse. The open space has been revised to protect biodiversity taking into account comments from submissions, DPIE (B&C) and staff. In response to the concerns raised, the following changes to the subdivision design have been made:

· Reducing the number of development lots from 106 to 100

· Number of development lots with watercourse frontage has been reduced to one, plus one open space lot

· Open space has been increased to extend from Merryville Drive to the top of the Merryville Common including the majority of McClungs Creek, the other creek/drainage line, and all of the vegetation corridor

· Realignment of the path/trail to reflect the additional area of open space

· Reducing size of three lots backing onto Marquess Place to facilitate increased open space

· Removing the building envelope adjacent to 15 Marqess Place

· Deleting the open space lot (stormwater lot) at the end of Colonial Place and consolidating this into a development lot

· Realignment of boundary between lots 105 and lot 106 to allow improved sight distance for property accesses

· Increasing the size of Lots 126-130 to facilitate stormwater outcomes and drainage back to McClungs Creek

The amended layout represents a significant improvement to the subdivision design, increasing open space and reducing environmental impacts.

The provision and dedication of open space to Council was raised in pre-lodgement discussions with the Applicant given that it is not identified in any open space strategy, masterplan or the Murrumbateman Structure Plan. The subdivision has been amended to increase open space around McClungs Creek and the biodiversity values. The Applicant proposes to dedicated this area to Council and proposes a Voluntary Planning Agreement (VPA) for its development and management (refer Attachment F). The terms of the VPA will need to be negotiated with the Applicant.

6.2 Lot Sizes and Variation to Minimum Lot Size

The proposed lots sizes range between 5,800m² to approximately 14,800m² with the smaller lots generally being located on the eastern portion of the site and the larger ones on the western portion.

The Yass Valley LEP 2013 specifies a minimum lot size of:

· 6,500m² for the R2 Low Density Residential area

· 10,000m² for the R5 Large Lot Residential area

The proposal complies with the minimum lot size requirements with the exception of proposed Lot 136 which reduces the minimum lot size from 6,500m² for this lot to 5,800m² (i.e. 11% variation). The variation is proposed to enable the adjoining vegetation to be retained entirely in the open space lot rather than being fragmented by a boundary fence line.

The request for a variation to the development standard (refer Attachment G) includes the following justification:

· The subdivision layout has been modified to increase the amount of open space reflecting comments made from government agencies and Council

· The development and variation remain consistent with the objectives of the R2 Low Density Residential zone

· The variation allows a boundary to be adopted which avoids vegetation

· The variation is for one lot representing less than one percent of overall the development

· The lot remains consistent with surrounding lot sizes and subdivision pattern

The extent and nature of the proposed variation is considered to be minor in the context of the subdivision and represents a positive planning and environmental outcome by retaining the existing vegetation wholly within the open space lot. It is therefore considered that there is sufficient planning basis to support the proposed variation to the minimum lot size for Lot 136.

6.3 Consistency with Yass Valley Settlement Strategy

The consistency of the proposed development with the Yass Valley Settlement Strategy has been questioned suggesting that the future growth plan for Murrumbateman is to the north. Historically this area has been zoned for rural residential and low density residential purposes and the Settlement Strategy does not envisage a change to this area from the current zoning. The proposal is therefore consistent with the current planning controls in the LEP and the Strategy.

6.4 Access and Road Network

Concerns have been raised in relation to access and the road network, including for new road connections, the adequacy of the existing network, speed limits, and property accesses.

6.4.1 New Road Connections

The new roads are proposed to connect to Isabel Drive to the west of Shaw Winery entry, McIntosh Circuit to the north of Woodleigh Drive, and into Colonial Place.

The most appropriate traffic management solution at the intersection of McIntosh Circuit and the new road is the construction of a roundabout. This would facilitate this intersection being the preferred route for a large proportion of lots within the subdivision. In addition it will reduce the additional traffic generation that will use the Isabel Drive/McIntosh Circuit intersection, especially for turning right (south) onto McIntosh Circuit from Isabel Drive. The roundabout in this location will also reduce traffic speed. A requirement for a roundabout is consistent with the strategic use of roundabouts at either end of Merryville Drive.

All other intersections within the subdivision will comply with engineering standards.

6.4.2 Adequacy of Existing Road Network

The adequacy of the existing road network, especially McIntosh Circuit, the Barton Highway, and the McIntosh Circuit/Barton Highway intersection and the assumptions of the Traffic Impact Assessment (TIA) have been raised.

A revised traffic impact assessment has included the following changes:

· Traffic distribution assumption of 50% trips to Canberra and 50% to Yass has been corrected to include 95% to Canberra and 5% to Yass

· Utilised 2017 traffic count data of McIntosh Circuit rather than using assumptions based on the number of existing dwellings

The assessment makes assumptions regarding routes taken for traffic travelling to and from Canberra and Yass using McIntosh Circuit. In reality, traffic travelling into Murrumbateman village are likely to use the same route as those travelling to Yass, being north on McIntosh Circuit and then South Street (and likely onto West Street and Hercules Street).

The use of 2017 traffic count data is supported but it should be noted that since 2017, the Scrubby Lane connection to McIntosh Circuit from the Jiparu Estate has been opened, however those lots are either still vacant or under construction. Other subdivisions including on the corner of Dog Trap Road and Isabel Drive, and 17 South Street, are yet to have any lots released.

The additional traffic generation of this development and nearby subdivisions are within the capacity of the road network but increased traffic generation is likely to result in additional queue times at the McIntosh Circuit/Barton Highway intersection and for properties exiting existing driveways along McIntosh Circuit. A number of submissions suggested that further subdivision in Murrumbateman should not proceed until the Barton Highway is duplicated. Whilst the issues associated with the Barton Highway are acknowledged, Council has not adopted a position to prevent other subdivisions in the Murrumbateman and Yass.

Roundabout have been requested to be constructed on each existing road intersection of McIntosh Circuit between the development site and the Barton Highway, and the installation of traffic signals at the Barton Highway intersection. This is not considered to be necessary based on the traffic volumes and the previous upgrade to the Barton Highway intersection. However a new roundabout at the proposed new intersection to the subdivision off McIntosh Circuit will assist with management of the traffic generated.

The condition of McIntosh Circuit and in particular the potholes are acknowledged and these are considerations for Council’s road maintenance programs. The opportunity for potential heavy patching or rehabilitation works either this year or next year will be investigated regardless of whether the subdivision proceeds.

6.4.3 Speed Limit and Heavy Vehicle Load Limit

Some submissions requested that the speed limit on McIntosh Circuit and Isabel Drive be reduced from 70km/h to 60km/h (and in some cases to 50km/h) and a heavy vehicle load limit or curfew be introduced for construction traffic on McIntosh Circuit.

Speed limits are determined by TfNSW. The speed limit on McIntosh Circuit has recently been reviewed based on current conditions and the outcome is pending.

There is no basis for a heavy vehicle load limit on McIntosh Circuit. It is a public road and road registered vehicles are entitled to use it. The maintenance of local roads due to wear and tear by all vehicles (including heavy vehicles) is a responsibility for Council.

Amenity impacts as a result of heavy vehicle movements during construction are managed through conditions on the Development Consent.

6.4.4 Location of Property Accesses

Concern has been raised in relation to property accesses, particularly with lots that front McIntosh Circuit or Isabel Drive. The subdivision proposes two lots with access from Isabel Drive and three lots with access from McIntosh Circuit. Corner lots with frontage to existing roads and new roads are proposed to have property access from the new road.

Council’s Road Standards Policy specifies requirements in relation to the location of property accesses, including sight distances for the speed environment and that corner lots must have access from the less trafficable road. The location of property accesses is considered acceptable and will comply with the requirements of this Policy.

6.4.5 Bus Stops

Provision for bus stops within the subdivision can be required as a condition of any Consent that may be issued. The location of bus stops outside of the subdivision (i.e. further along McIntosh Circuit) are outside of the scope of this proposal.

6.4.6 Colonial Place Name

Colonial Place is proposed to become a through road connecting to the new road in the subdivision. It is noted within submissions that a ‘Place’ is a short, enclosed roadway. In accordance with the NSW Address Policy and User Manual a ‘Place’ is a suitable name for a closed road only.

Provision had also been made in the Carrington Park subdivision for a further road connection from Colonial Place rather than closing it off with another development lot. It appears that the implications of naming it as a ‘Place’ were not fully considered at the time of this subdivision.

The need to rename Colonial Place can be further considered separately as it involved properties external to this current subdivision proposal. Seven properties are currently addressed as Colonial Place and renaming may be disruptive for those residents. Renaming Colonial Place needs further consideration and can be done outside of any Development Consent.

6.4.7 Saxon Place

The initial subdivision design provided for a future road connection from Merryville Drive to the small cul-de-sac on the western portion of the subdivision via the unformed Saxon Avenue. Although this future connection was originally envisaged when Merryville Estate was planned, the way lots have been developed has meant that its construction would potentially have an adverse impact on the amenity of those residents.

Construction of Saxon Avenue is not a Council priority. The Merryville Community Association have expressed an interest in closing and purchasing the land. This can be examined separately to the current application. The revised subdivision design allows provision for a right of way in case there is ever a future need for a secondary emergency connection to be constructed.

6.5 Paths and Cycleways

The provision of pedestrian, horse and cycle connections has been raised in submissions. Concerns were also raised about missing links, particularly along McIntosh Circuit to the Barton Highway

The Applicant proposes a pedestrian/horse/cycle trail running from Isabel Drive to Merryville Drive through the open space which is consistent with the Murrumbateman Structure Plan.

The rural residential nature of Murrumbateman outside of the village results in larger lots and distances between them compared to higher density urban areas. This makes it unrealistic for a path to be provided on every road. It is recommended that a single path be constructed along the verge of roads numbered 1, 2 and 4 from the intersection of McIntosh Circuit to the open space lot where it meets the horse trail. It should be noted that Murrumbateman Winery Trail project will include a shared path along McIntosh Circuit from the Barton Highway and joining with the existing path at Acacia Way.

6.6 Tree Removal, Vegetation and Biodiversity Impacts

Tree and vegetation removal as well as biodiversity impacts particularly around McClungs Creek and along existing boundaries within Merryville Estate have been raised. The revised subdivision design reduces the need for tree removal and includes a biodiversity corridor within a proposed public open space area. This is consistent with the recommendations of DPIE (B&C).

Building envelopes have been sited so that trees are located outside of them and will be further supported by a title restriction prohibiting the removal of vegetation by future landowners unless otherwise approved. The stands of vegetation along the existing boundaries within Merryville Estate are not proposed to be removed with the exception of where new fences connect/abut into existing fences.

It is proposed to remove 0.80ha of Box Gum Woodland from where the road crosses over from the eastern to western portion of the subdivision, for the construction of the horse trail and in another isolated locations to facilitate fence construction. One dead paddock tree will also be removed which is identified as containing hollows and potentially habitat for superb parrot.

The Biodiversity Development Assessment Report (BDAR) concludes offsets credits are required for the removal of the Box Gum Woodland and the dead paddock tree. The BDAR concludes that the removal of the Box Gum Woodland does not trigger the Commonwealth’s Environment Protection & Biodiversity Conservation Act 1997.

The removal of the dams will not have an impact on threatened species, however does contain habitat for long-necked turtles. The BDAR recommends that a dam dewatering plan be prepared and that these turtles be captured and relocated by an experienced fauna catcher. This should be included as a condition of any Consent that may be issued.

DPIE (B&C) have reviewed the report and are satisfied with its methodology. Concerns about the lot layout and the biodiversity corridor have been addressed through the revised subdivision plan ensuring the retention of the biodiversity values.

6.7 Additional Tree Buffer with Carrington Estate

The provision of an additional tree buffer between this subdivision and properties at the back of Carrington Park Estate as a privacy buffer has been raised. Council does not have any policy requirements for this and the proposed development is not considered to have a privacy impact to the extent that a buffer is required. Individual lot owners in both Carrington Park and the new subdivision can undertake their own boundary planting if privacy is of a concern.

6.8 Bore, Groundwater and Water Supply

Bore, groundwater and water supply issues have been raised. The development is not connected to a reticulated potable water supply, with rainwater tanks being the primary potable water supply with a proposed supplementary non-potable reticulated bore water supply.

The reliability of groundwater supply has been questioned and the impact that this may have on existing supply to other subdivisions, particularly in drought conditions. Water supply work approvals and WALs for bores are issued by WaterNSW under the Water Management Act 2000. Testing of the existing bore suggests that the bore is operating well and there is enough water and pressure. If WaterNSW do not grant approvals for the bore supply then the subdivision can be serviced by rainwater tanks only.

A Communal Water Management Statement will need to be prepared if the bore is approved and included as a title restriction detailing limits on use, ongoing management, equitable distribution, water restrictions, dispute resolution, etc.

Council’s standard requirements for rainwater tanks is a minimum of 45,000L for a dwelling less than 150m² in area and 90,000Lfor larger dwellings. In response to submissions, the Applicant proposes to increase this to a minimum 120,000L through a title restrictions. This is supported, however a minimum 45,000L is appropriate for dwellings less than 150m² as these are likely to be granny flats or secondary dwellings.

Concern was also raised in relation to the noise levels from the existing diesel bore which services Carrington Park. The DA proposes to replace this with an electric pump, with any other new pump to also be electric. This can be included as a Consent condition if the proposal is approved.

6.9 Onsite Effluent Disposal

The capability for onsite effluent disposal has been questioned, including whether this would adversely affect groundwater.

The submitted Land Capability Assessment indicates that there is generally adequate area on each lot for effluent disposal. However a revised assessment to reflect the final lot layout and subdivision design adjustments will need to be submitted prior to the issue of any Consent to allow for the inclusion of any updated management requirements in the final conditions.

Each future dwelling application will require a separate waste water report and system design based on the size of the dwelling house, etc.

6.10 Stormwater Drainage and Dam Removal

Concern was raised in relation to the filling of six dams and the potential stormwater drainage impacts including on neighbouring development. The revised subdivision layout now proposes the removal of three dams and the reshaping of the remaining three. The size of proposed lots-126-130 have also increased to facilitate improved stormwater outcomes and drainage back to McClungs Creek. Concept stormwater plans have been reviewed and the detailed design will be required prior to issuing a Subdivision Works Certificate. Flood modelling has also been completed and indicates that all building envelopes are outside the 1% AEP flood event.

The submissions also suggest a higher design standard for stormwater drainage be adopted to allow for increased rainfall events associated with climate change. Current design standards are generally for a 1 in 5 and 1 in 100 year rainfall event.

6.11 Murrumbateman School

The lack of a school in Murrumbateman meaning that children must travel to Canberra and Yass limiting the opportunity for sense of community. The need for a school has been long recognised by Council and the Murrumbateman community.

At the last State election the Government made a commitment to fund the establishment of a school in Murrumbateman. The State Government has recently sought expressions of interest for a suitable site in Murrumbateman to accommodate the construction of a primary school by 2023. It is understood that a site has been selected however at the time of compiling this report an announcement on the successful site has not be made.

6.12 Murrumbateman Services and Facilities

Concerns with the level of services and facilities within Murrumbateman have been raised with the suggestion that there should be no further growth or development until these services (e.g. health, education, etc) are all in place. Some submissions recognised that growth in Murrumbateman from development does present an opportunity for the further growth of services and facilities in time. Conversely, other submissions convey that they would like for a rural village setting to be retained.

Open space, roads, school, and internet and electricity are discussed elsewhere in this report. A number of the services and facilities referred to are outside of Council jurisdiction and are the responsibility of State Government.

6.13 Development Contributions

The submissions request confirmation that development contributions will be levied and suggest the amount or the purpose they should be levied for. Under the Yass Valley Development Contributions Plan 2018 a contribution of $33,392 will be levied based on 1% of the estimated cost of development being $3,392,000 and a VPA is proposed for the public open space. A further development contribution will levied for the construction of the dwellings or other development on the lots. All development contributions are pooled to undertake identified infrastructure projects in Yass Valley.

6.14 Electricity and Internet

The adequacy of electricity and internet supply within Murrumbateman has been questioned and the impact that the additional development will have on those services.

The developer will be required to prepare a design for the provision of electricity infrastructure for approval by the infrastructure service provider. A Notice of Arrangement (NoA) from Essential Energy for electricity, and a Certificate of Practical Completion for fibre-ready internet infrastructure must be submitted prior to the issue of a Subdivision Certificate. A Consent condition can also be imposed requiring submission of evidence prior to the issue of a Subdivision Works Certificate demonstrating that:

· Suitable arrangements for electricity supply can be made available including with consideration of impact on existing capacity and reliability, and the opportunity for feed-in from new lots

· Suitable arrangements for telecommunications service (fixed-line NBN fibre) can be made available including with consideration of impact on existing capacity and reliability

6.15 Bushfire Hazard

Bushfire hazards have been raised particularly for access in and out of the subdivision. The subject land is not identified as being bushfire prone. However the submitted bushfire due diligence assessment concluded that even though the land is not bushfire prone, the development will meet the requirements under Planning for Bushfire Protection.

6.16 Aboriginal Cultural Heritage

An Aboriginal Cultural Heritage Assessment has now been completed and the report found that the site does contain landscape features which indicates an increased likelihood of presence of Aboriginal objects, with a site survey identifying three new Aboriginal sites/objects. The assessment indicates that these sites are typical of the region and have little research or scientific potential, however the social or cultural significance of these could only be determined by the Aboriginal community.

The sites found are located within the riparian corridor that is proposed to be open space. The assessment recommends that if these sites will be disturbed during revegetation works then an Aboriginal Heritage Impact Permit (AHIP) will be necessary for the objects to be removed and replaced. Where avoidance is possible, then these sites should be fenced during works and the fences put in place by a qualified archaeologist and members of the Onerwal Local Aboriginal Land Council. The sites will also need to be recorded and their protection considered in the plan of management for this land.

6.17 Boundary Alignment Issues

The submissions detail boundary alignment issues between Merryville community land and the subject site. The Merryville Community Association had their own survey prepared and inconsistencies with boundary location had been identified between the two surveys. A site meeting was held between the Merryville Community Association, Applicant and staff. The boundary location issue has now been resolved by the two surveyors and the Applicant has advised that they will consult with individual lot owners (including Merryville Community Association) in relation to the movement and construction of any new fences.

6.18 Subdivision Management and Building Design Covenants

The proposed subdivision is a Torrens Title subdivision rather than Community Title meaning that no community association will be established. The reticulated bore water scheme will be established through a separate Communal Water Management Statement.

The submissions also question whether there will be specific building guidelines and covenants imposed. At this time there are no specific built form guidelines or covenants that have been put forward other than the location of building envelopes, restriction on tree removal, and size of rainwater tanks. Council generally relies on development controls to shape development and usually only requires covenants where it is to address a particular issue or concern (such as size of rainwater tanks). The Applicant may implement their own covenants, however Council would not be the enforcement authority for them.

6.19 Street Lighting

The submissions suggest that the provision of street lighting should be minimal to provide suitable illumination but not to adversely impact upon the night skies and environment. The level of street lighting should be consistent with surrounding development (which is minimal) and details can be required prior to the issue of a Subdivision Works Certificate.

6.20 Domestic Animals and Cat Containment

The impact that additional properties with domestic animals will have on wildlife (especially birds) and stock has been raised. A suggestion for this area to be cat containment was also made.

The Companion Animals Act 1998 advocates responsible pet ownership. The Act does not require cats to be contained within a property. Future residents must comply with the requirements of this legislation.

6.21 Development Application Lodgement Timing

The proposal was lodged at the end of March 2020 and submissions have raised the timing of its lodgement in relation to the COVID-19 situation. This was taken into consideration resulting in public exhibition being delayed until May 2020 to allow an opportunity for submissions to be made. In addition a Planning Forum was held to ensure submitters had an opportunity to address Councillors and clarify concerns. .

6.22 Conflict of Interest

A conflict of interest between Council and Elton Consulting, and whether Council may have a relationship with the developer has been mentioned. This suggestion is based on the engagement of Elton Consulting by Council to undertake work on the Yass Valley Settlement Strategy.

The application has been prepared by Elton Consulting on behalf of the developer, Next Level Eighteen Pty Ltd. There is no relationship between Council and the developer. Elton Consulting were engaged in 2016 by Council to prepare the Settlement Strategy. Elton Consulting completed this project and are no longer engaged by Council. Elton Consulting completed a probity plan to manage any potential conflicts of interest during the preparation of the Strategy. However, it is very important to note that in the context of this application, the land was already zoned under the Yass Valley LEP 2013 for the subdivision proposed (and previously under the Yass LEP 1987) and therefore does not rely on the provisions of the Strategy to make it permissible.

7. Conclusion

From an assessment of the proposal and consideration of issues raised in submissions, it is recommended that a conditional Development Consent be issued following the receipt of a satisfactory final Land Capability Assessment for effluent disposal. It is also recommended that the dedication and acceptance of the open space be supported, subject to conditions of Development Consent which include a requirement for a VPA. Draft conditions are included as Attachment H.

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. Revised and Orginal Plans of Subdivision ⇩

c. Submissions (Under Separate Cover) ⇨

d. Applicant Response to Submissions ⇩

e. Referral Agency Responses ⇩

f. VPA Letter of Offer ⇩

g. Development Standard Variation Request ⇩

h. Draft Conditions ⇩

7.4 Development Application No DA200049 - Subdivision, Isabel Drive, Murrumbateman

Attachment h Draft Conditions

DA200049 – DRAFT CONDITIONS – ISABEL DRIVE, MURRUMBATEMAN

PART A - GENERAL CONDITIONS (ALL STAGES)

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

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

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

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

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

· Specific Requirements of Transport for NSW

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

· Australian Standards and

· AustRoads

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

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

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

(8) The applicant must adhere to the following days and hours of operation for subdivision works associated with the development unless otherwise approved by Council in writing:

· 7.00 am to 6.00 pm Monday to Friday

· 8.00 am to 1.00 pm Saturday

· No work on Sundays or Public Holidays

(9) Noise, dust and odour generated as a result of the development must comply with the provisions of the Protection of the Environment Operations Act 1997.

PART B - PRIOR TO ISSUE OF SUBDIVISION WORKS CONSTRUCTION CERTIFICATE (ALL STAGES)

(1) The applicant shall submit evidence that suitable arrangements for electricity supply can be made available to service the proposed development, including with consideration of impact on existing capacity and reliability, and the opportunity for feed-in from new lots.

(2) The applicant shall submit evidence that suitable arrangements for telecommunications service (fixed-line NBN fibre) can be made available to service the proposed development, including with consideration of impact on existing capacity and reliability.

(3) Prior to the issue of any Subdivision Works Certificate for Stage 1 the Applicant shall enter into a Voluntary Planning Agreement (VPA) with Council. The VPA shall outline the terms of the offer made by the Applicant and accepted by Council in connection with the subject Development Application. The terms of the offer shall generally include:

(a) A Landscape Plan, Vegetation Management Plan and Riparian Restoration Plan and detail the work to be undertaken in as part of the open space embellishment and rehabilitation.

(b) Facilities to be provided within the open space are to be consistent with a Category 3 Park in accordance with Council’s Park & Playground Strategy 2017.

(c) That all work shall be completed to the satisfaction of Council prior to the issue of the Subdivision Certificate for the proposed Open Space lot.

(d) Prior to the issue of any Subdivision Works Certificate the Applicant must register the VPA on the title of the land to which the VPA applies.

(e) The maintenance responsibility period for the Applicant shall be five (5) years from the date of the issue of a Subdivision Certificate.

(f) A Memorandum of Understanding in relation to the provision of easements and ongoing access and responsibilities for the private non-potable bore water supply infrastructure proposed to be located and cross the open space lot dedicated to Council.

(4) A Construction Environmental Management Plan to address construction activity is to be prepared and submitted to Council. The Construction Environmental Management plan shall include:

· Details for waste management

· Details for minimising impacts on neighbouring properties

· Details for minimising impacts on the road network

· The discouragement of construction traffic through Carrington Park estate

· The Biodiversity Management Plan

· The dam dewatering plan.

(5) The class and number of ecosystem credits in Table 1 must be retired to offset the residual biodiversity impacts of the development.

The requirement to retire credits may be satisfied by payment to the Biodiversity Conservation Fund of an amount equivalent to the class and number of ecosystem credits, as calculated by the Biodiversity Offsets Payment Calculator.

Note: Prices of credits in the Biodiversity Offsets Payment Calculator are subject to change. The amount payable to discharge an offset obligation will be determined at the time of payment.

Table 1 Ecosystem credits required to be retired – like for like

Impacted plant community type

Number of ecosystem credits

IBRA sub-region

Plant community type(s) that can be used to offset impacts from the development

PCT 1330 – Yellow Box Blakelys Red Gum grassy woodland on the tablelands, South Eastern Highlands Bioregion

Murrumbateman, Bondo, Crookwell, Inland Slopes, Monaro, Murrumbateman and Snowy Mountains.

Any IBRA subregion that is within 100 kilometres of the outer edge of the impacted site.

White Box Yellow Box Blakelys Red Gum Woodland.

Evidence of the retirement of credits or payment to the Biodiversity Conservation Fund in satisfaction of Table 1 requirements must be provided to Council prior to issue of a Subdivision Works Certificate.

Evidence must be provided in accordance with the following:

(a) Retirement of credits: A credit retirement report issued by OEH confirming credit transactions.

(b) Payment to the Biodiversity Conservation Fund: A section 6.33 Statement Confirming Payment into the Biodiversity Conservation Fund issued by the Biodiversity Conservation Trust.

(6) The class and number of species credits in Table 2 must be retired to offset the residual biodiversity impacts of the development.

The requirement to retire credits may be satisfied by payment to the Biodiversity Conservation Fund of an amount equivalent to the class and number of species credits, as calculated by the Biodiversity Offsets Payment Calculator.

Note: Prices of credits in the Biodiversity Offsets Payment Calculator are subject to change. The amount payable to discharge an offset obligation will be determined at the time of payment.

Table 2 Species credits required to be retired – like for like

Impacted species credit species

Number of species credits

IBRA sub-region

Polytelis swainsonii / Superb Parrot

Murrumbateman, Bondo, Crookwell, Inland Slopes, Monaro, Murrumbateman and Snowy Mountains.

Any IBRA subregion that is within 100 kilometres of the outer edge of the impacted site.

Evidence of the retirement of credits or payment to the Biodiversity Conservation Fund in satisfaction of Table 2 requirements must be provided to Council prior to the issue of a Subdivision Works Certificate.

Evidence must be provided in accordance with the following:

(a) Retirement of credits: A credit retirement report issued by OEH confirming credit transactions.

(b) Payment to the Biodiversity Conservation Fund: A section 6.33 Statement Confirming Payment into the Biodiversity Conservation Fund issued by the Biodiversity Conservation Trust.

(7) A Biodiversity Management Plan must be submitted to and approved by Council. The Biodiversity Management Plan may form part of a Construction Environmental Management Plan.

The Biodiversity Management Plan must:

· Identify the development site as per the Biodiversity Development Assessment Report and approved plans

· Identify areas of land that are to be retained as outlined in the Biodiversity Development Assessment Report

· Include a Statement of Commitments which identifies all measures proposed in the Biodiversity Development Assessment Report to mitigate and manage impacts on biodiversity. The statement must indicate what the measure is, when and how often it is to be applied and who is responsible for undertaking the measure.

· State that construction impacts will be restricted to the development site and must not encroach into areas of retained native vegetation and habitat. All materials stockpiles, vehicle parking, machinery storage and other temporary facilities must be located within the areas for which biodiversity impacts were assessed in the Biodiversity Development Assessment Report.

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

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

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

(9) Engineering drawings for the construction of all roads shall be submitted to Council’s Engineering Department for approval in accordance with:

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

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

Note: All roads must be constructed in accordance with Local or Cul-De-Sac standards as specified for Yass and Murrumbateman Township Roads within the Council’s Road Standards Policy.

Note: Roadside drainage shall be constructed along the frontage of the subject land adjacent to all roads. Where kerb & and gutter or flush kerb (if approved by the Director of Infrastructure & Assets) standards are to be in accordance with Council’s Roads Policy RD-POL-09.

(10) The Engineering Drawings for the construction of roads shall provide for the provision of larger vehicles such as public transport service and construction vehicles (e.g. garbage trucks, delivery trucks).

(11) All cul-de-sacs shall have a 12m turning radius and provided with an asphaltic concrete wearing surface. Minimum standard 40mm thick AC14. In accordance with Council’s Road Standards Policy RD-POL-9. The road reserve will need to be increased at cul-de-sac ends to cater for the turning radius and road verge.

(12) The Engineering Drawings for the construction of roads shall provide for alternative means of travel to the motor vehicle. Facilities are required to be extended to and provided through the subdivision for the safe and effective movement of pedestrians and cyclists to nearby facilities.

(a) A shared pathway 2.5m wide, 100mm thick, reinforced concrete or asphalt on 50mm compacted road base shall be provided on new roads #1, #2 and #4 on the eastern portion of the development (east of the open space lot and horse trail path).

(b) A horse trail path is to be provided from Isabel Drive to Merryville Drive as shown on the approved plan of subdivision. Details are to be provided on the engineering drawings.

(13) Engineering drawings associated with the design of creek crossings and waterways are to be provided to Council for approval. The design shall be undertaken by a suitable qualified engineer and designed in accordance with Council policies, Council’s Design and Construction Specification –AusSpec#1, and relevant standards.

As part of the design, calculations of the catchment, flow velocities and volumes will need to be submitted to Council as well as a suitable proposal for upstream and downstream erosion protection. Details of road approaches to the crossing are to be supplied as part of these drawings.

(14) Bus stop facilities are to be provided within the estate at appropriate intervals for the convenience of the user in accordance with relevant guidelines. Bus shelters are to be of a construction consistent with shelters recently installed by Council. Show bus stop locations on the drawings.

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

(16) Engineering drawings must include details of the discharge of stormwater off the site (including quantities for various storm event and is to include stormwater that falls on the site or enters the site from upstream), what is proposed to manage the discharge (including details of any infrastructure etc.), the potential downstream effects of such discharges and actions proposed to ameliorate such effects and what is proposed to ameliorate any effects on the site from stormwater from upstream of the site.

(17) An overland flow path to accommodate the discharge from a 1 in 100 year storm event shall be provided, including the provision of an easement where this flow path traverses private property. Details of any stormwater retention or water quality basins are to be provided.

(18) A Design Certification Report relating to the detailed engineering design work shall be submitted to Council as per Council’s Design Specification - AusSpec #1, Annexure DQS-A.

Note: This Design Report shall provide evidence that suitably qualified designers have designed each component of the engineering works for the development.

(19) A list of three street names, for each new street shall be submitted to Council for consideration and approval in accordance with Council’s Naming of Roads Policy RD-POL-6.

PART C - PRIOR TO ISSUE OF SUBDIVISION WORKS CONSTRUCTION CERTIFICATE (STAGE 1 ONLY)

(1) Engineering drawings for the design and construction of a roundabout at the intersection of the new subdivision road and McIntosh Circuit are to be submitted to Council’s Infrastructure & Assets Division. As a minimum, the pavement of the roundabout is to be asphaltic concrete.

Note: The centre of the roundabout shall be concrete or asphalt

(2) The Engineering Drawings for the construction of roads shall provide for the provision of alternative access in the initial stage should an incident occurs at or near the proposed intersection to Isabel Drive for accessibility for households and emergency purposes.

PART D - PRIOR TO SUBDIVISION WORKS COMMENCING (ALL STAGES)

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

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

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

· Current Plant / vehicle insurances

· A certified traffic control plan for the proposed works

(3) A Soil and Water Management Plan shall be submitted to Council’s Infrastr4ucture & Assets Division 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;

(4) Prior to works commencing, Council is to be provided with all appropriate approvals to construct the creek crossings. Approvals may include Fisheries Permit, Controlled Activity Permit from Natural Resources Access Regulator, etc.

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

The sign must list the following details:

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

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

· That unauthorised entry to the site is prohibited.

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

(6) Toilet facilities must be provided at the work site. Each toilet provided must be:

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

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

PART E – NATURAL RESOURCES ACCESS REGULATOR (NRAR GENERAL TERMS OF APPROVAL) (ALL STAGES)

(1) The development must be undertaken in accordance with the General Terms of Approval issued by the Natural Resources Access Regulator (NRAR) under the Water Management Act 2000 dated 10 September 2020 and attached as Appendix A.

PART F - TREE REMOVAL AND MANAGEMENT (ALL STAGES)

(1) All trees that are proposed to be retained must be protected prior to any site works or civil works commencing on the site in accordance with AS 4970-2009 - Protection of Trees on Development Sites.

(2) The removal of trees from the site is restricted to those in accordance with the plans and details submitted to Council with the Development Application, stamped and attached to this consent.

(3) The applicant shall nominate a suitably qualified and experienced person who will be responsible for overseeing the tree removal and tree management.

(4) Public access to the site is to be restricted when tree removal work is in progress or the site is unoccupied. All public safety provisions must be in place prior to the commencement of any works and must be maintained throughout tree removal work.

(5) A suitably qualified and/or experienced tree arborist is required to carry out all tree removal.

(6) All tree pruning must be undertaken in accordance with AS 4373-2007 and by a suitably qualified and/or experienced tree arborist.

(7) The one (1) hollow bearing paddock tree to be removed (living or dead) will need to be inspected by an ecologist for nesting wildlife present in the hollows prior to removal and any wildlife relocated by a fauna spotter catcher.

PART G – DAM DEWATERING (ALL STAGES)

(1) A dam dewatering plan prepared by a suitably qualified and experienced person shall be submitted to Council and shall be implemented for any dams to be filled. Long neck turtles are present in some of the farms dams that are proposed to be drained. These turtles are protected fauna and will need to be captured and relocated when the dams are dewatered prior to being filled. An ecologist will be required to be present to capture and relocate turtles or other native fauna within the dams during the dam dewatering process.

PART H – ABORIGINAL SITES AND OBJECTS (ALL STAGES)

(1) All impacts to identified Aboriginal sites and objects should be avoided. If this not possible then an Aboriginal Heritage Impact Permit (AHIP) is required.

(2) The identified Aboriginal site and objects are to be fenced during all ground distributing works including during revegetation works. The fences are to be put in place by a qualified archaeologist and members of the Onerwal LALC.

(3) Should any additional Aboriginal sites, objects or suspected human remains be unearthed during works associated with the subdivision, all work must cease and the NSW Government Environment Line (131 555) is to be contacted immediately. No works is to recommence at the location unless authorised by Heritage NSW in writing.

(4) Should any additional potential archaeological relics are discovered during works associated with the subdivision, all work must cease and NSW Government Environment Line (131 555) is to be contacted immediately. No works is to recommence at the location unless authorised by Heritage NSW in writing.

(10) If impacts to Aboriginal heritage sites or objects are found to be a possibility from the proposed development then consultation should be undertaken to discuss management and mitigation options in accordance with the “Aboriginal Cultural Heritage Consultation Requirements for Proponents”.

(5) All Aboriginal objects and places are protected in NSW under National Parks & Wildlife Act 1974. It is an offence to harm an Aboriginal object or place without an approval issued by the Heritage NSW.

PART I – INSPECTIONS (ALL STAGES)

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 Infrastructure & Assets Division at the following stages of construction:

Roads

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

(b) Completion of stormwater drainage lines – prior to backfilling;

(d) Completion of stormwater quality improvement infrastructure;

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

(f) Completion of kerb and guttering;

(g) Completion of round-a-bout subgrade;

(h) Completion of round-a bout pavement;

(i) Completion of two-coat bitumen seal;

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

(k) Completion of shared pathway;

(l) Completion of horse trail;

Other

(m) Completion of streetscape works and other public landscaping;

(n) Completion of boundary fencing of each lot created;

(o) Practical completion;

(p) Final inspection.

(q) Refund of bond.

PART J - PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE (STAGE 1 ONLY)

(1) The terms of the Voluntary Planning Agreement associated with the open space (Lot 202) must be satisfied.

(2) Construction of a the roundabout at the intersection of the new subdivision road and McIntosh Circuit is to be completed in accordance with the designs/drawings approved with the Subdivision Works Certificate.

PART K - PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE (ALL STAGES)

(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

Note: The cost of carrying out development is cumulative across stages.

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

(3) Roads and associated infrastructure is upgraded in accordance with either Council’s Road Standards Policy RD-POL-09 or, where required, designs/drawings approved with the Subdivision Works Certificate.

(4) The property vehicular accesses from the road to the property boundary must be constructed in accordance with Council’s Road Standards Policy RD-POL-09 or, where required, designs/drawings approved with the Subdivision Works Certificate.

(5) Street name signs shall be installed at the entrance to each new road. The street sign shall be in accordance with Council’s standard urban street sign design. Where the road is no-through a “no-through road” sign is to be installed

(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 residential lots is as follows:

· A fence height of no less than 1200 mm.

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

· Steel Star Pickets at 4 metre centres.

· Two 1.57 mm high tensile plain wires on top.

· Three 2.8 mm high tensile carry wires.

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

· Netting floodgates as required.

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

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

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

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

(7) 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.

(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 telecommunications service is available to each lot within the subdivision.

(9) The applicant must confirm by survey that the formation and associated batters and drainage structures of McIntosh Circuit and Isabel along the frontage of the subject property, are within the road reserve.

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

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

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

(12) 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.

(13) A restriction to user under Section 88B of the Conveyancing Act 1919 must be placed on all lots created requiring potable water storage (rainwater tanks) to the following minimum standard:

Ø 45,000 litres for houses less than 150 m²

Ø 120,000 litres for houses in excess of 150 m².

Above ground tanks shall provide for the refilling of fire tankers by the installation of a “Storz” fitting at the base of the tank with a gate valve. The house service may branch off this outlet. Underground tanks shall include an access hole at least 150mm diameter;

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

(14) A restriction to user under Section 88B of the Conveyancing Act 1919 must be placed on all lots created prohibiting the use of primary treatment septic tank and absorption trench onsite sewage management facilities.

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

(15) A restriction to user under Section 88B of the Conveyancing Act 1919 requiring the installation of only advanced wastewater treatment systems with nutrient reduction linked to subsurface irrigation must be placed on the following lots:

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

<< TO BE UPDATED PENDING RECEIPT OF FINAL REVISED LAND CAPABILITY ASSESMENT>>

(16) A restriction to user under Section 88B of the Conveyancing Act 1919 must be placed on all lots created prohibiting the removal of trees and vegetation unless otherwise approved by Yass Valley Council.

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

(17) The Applicant is to provide evidence from WaterNSW that the existing Water Supply Works approval and Water Access Licence (WAL) has been amended and approved, including:

· The change in purpose of the current approval to reflect the current and future proposed use; and

· Correctly identifying the land the approval is to supply.

Note: A copy of the letter from WaterNSW is attached for your consideration.

(18) A Communal Water Management Statement (CWMS), prepared in association with the proposed ‘tenancy in common’ arrangements for the supply of non-potable water to each allotment, shall be submitted to Council. The CWMS shall form part of a restrictive covenant under section 88E of the Conveyancing Act 1919, to which each joint tenant is a beneficiary. The CWMS shall:

· Limit the total annual use of non-potable water from the reticulated community supply scheme to that which may be licenced by WaterNSW.

· Prescribe the arrangements on-going management and maintenance of all communal areas and community infrastructure including the non-potable water supply system.

· Provide for the equitable distribution of water including metering of non-potable water supply to each allotment.

· Provide for the ability to introduce water supply restrictions during extended dry periods.

(19) A non-potable water service main (connection) shall be installed from the communal bore to a point inside the front boundary of each allotment created within the subdivision.

(20) The existing diesel bore pump located on Lot 199 shall be upgraded to an electric pump.

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

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

· AutoCAD LT 2011 on MGA 94 Zone 55 coordinates; and

· AutoCAD R12/LT2 DXF; and

· PDF; and

· A1 Hard Copy; and

Shall include separate details of for the following:

(a) Stormwater (including detention structures) - Location, Depth, Size, Material, Easement, Invert Level, Grades, Pit Details and tie details;

(b) Transport Infrastructure – roads plan, cross sections, long sections, pavement details, K&G details, Footpath and Cycleway Details, Bus Stop Details, Street Light Locations;

(c) Details of property accesses including a cross section from the centre of the road to at least 3 metres into the adjacent property. Cross section to show all change in grades

(d) Landscaping Details;

(e) Other Utilities – Gas, Telstra, Electricity, Fibre Optic Cable locations, Depths, Easements and heights in comparison to the roads centre line;

(f) Survey Mark Details – Marker Numbers and AHD.

Note: Tie details must include depth, distance into the property and distance from a specified property boundary.

(22) For each lot created, a separate Lot Plan (A4) shall be submitted to Council which shows the location (distance away from nearest side boundary and distance into the lot), level, depth and diameter of tie details for water, sewer and stormwater and as well easement details.

(23) Constructed Asset Information shall be supplied for all assets dedicated to Council. The required information shall include:

Roads

· Length, width, gravel depth;

· Earthworks cost;

· Pavement cost;

· Seal cost;

· Guidepost numbers and cost;

· Raised pavement markers numbers and cost;

· Guardrail type, size in metres and cost;

· Signposts cost;

· Kerb and gutter length and cost

· Footpath cycleway length, width and cost;

· Open drainage works length and cost;

Stormwater Drainage

· Pipe type, length and cost;

· Pit type, number and cost;

· Headwalls, number and cost;

· Rockwork area and cost;

· Stormwater quality improvement features, type, number and component costs.

Sewerage Infrastructure

· Pipe type, length and cost;

· Pit type, number and cost;

· Pump well type and cost;

· Electrical and Control equipment type and cost;

· Backup generator type and cost;

· Monitoring equipment type and cost.

Water Supply Infrastructure

· Pipe type, length and cost;

· Valve type, number and cost;

· Hydrant type, number and cost;

Other Assets

· Description, dimensions and cost e.g. Horse bridle path

(24) A bank guarantee, or cash bond, equivalent to 5% of the value of the whole of the engineering works shall be lodged with Council as a performance bond.

Note: This bond must be unconditional with no time limit and must be in the name of the developer (i.e. bonds in the name of the construction contractor will not be accepted).

Note: This bond shall be held for the period of the defects liability period (at least 12 months), which will commence from the later of linen plan release from Council or the practical completion of the engineering works (as evidenced by the associated engineering compliance certificate).

Note: At the end of the defects liability period a final compliance inspection will be undertaken. Areas inspected may include the following:

· Roadside drainage;

· Piped drainage;

· Water quality or retention systems/devices;

· Sealed road surface condition including excessive loose gravel;

· Road signs and lines;

· Sub-grade failures (e.g. soft spot);

· Roadside landscaping.

(25) The identified Aboriginal sites must be registered on Aboriginal Heritage Information Management System (AHIMS) register. Evidence of registration shall be provided to Council.

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

The application is to be accompanied by the following:

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

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

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

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

(e) The applicant 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.

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

NOTES ACCOMPANYING DEVELOPMENT CONSENT DA200049

(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 and clause 4.6 of the Yass Valley Local Environmental Plan 2013.

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

(3) All fees and charges associated with this consent 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).

Ordinary Council Meeting 23 September 2020

8.5 Yass & Binalong Swimming Pool Covid-19 Response

SUMMARY

To present recommendations for to the operation of Yass and Binalong swimming pools, with respect to COVID -19 public health restrictions.

It is noted that all reference to NSW Public Heath Orders contained in this report are subject to change without notice due to the continual changes relating to COVID-19.

RECOMMENDATION

That:

1. An additional amount of $69,620 be funded within the Infrastructure and Assets operational budget for both Yass and Binalong pools to deliver the procedures developed in Council’s COVID-19 Safety Plan for swimming pools, as stated in NSW Public Health Order (COVID-19 Restrictions on Gathering and Movement) Order (No 4) 2020.

2. The change rooms and shower facilities be closed at Yass and Binalong Pools as referenced in COVID‑19 Safety Plan.

3. The modifications made to Council’s swim programs be endorsed. Based on the current NSW Public Health Order Council will need to limit all sessions to 20 participants plus instructors in the dedicated lane rope sections of the pool.

4. Canteen service be restricted to pre-packaged foods and drinks.

Financial IMPLICATIONS

To deliver the procedures developed in Council’s COVID-19 Safety Plan (as stated in NSW Public Health Order (COVID-19 Restrictions on Gathering and Movement) Order (No4) 2020.

Funding can be accommodated within Infrastructure and Assets operational budget for 2020/21.

2020/21 Operational budget for swimming pools	$206,000
Proposed increase for additional staff resources	$69,620
Revised 2020/21 Operational budget for swimming pools	$275,620

POlicy & Legislation

· Public Health (Covid-19 Restrictions on Gathering & Movement) Order (No4) 2020

· COVID-19 Safety Plan Swimming Pools

REPORT

1. Background

The COVID-19 pandemic has seen the introduction of Public Health Orders to limit the community transmission of the virus. The Orders require the implementation of a COVID-19 Safety Plan for swimming pools as prescribed by NSW Health (refer Attachment A).

Measures to reduce the risk of community transmission have been developed and include:

· Physical distancing within the facility of one person per 4m²

· Swim classes have no more than 20 participants, plus instructor per class

· Swim class participants must maintain 1.5m physical distance

· Strongly encourage visitors to shower/change at home

There is no impact to pass holders, both Yass and Binalong swimming pools facilities historically do not reach capacity numbers as indicated by calculations based on the one person per 4m², as indicated in the COVID-19 Safety Plan for swimming pools. It is noted that Yass pool reached capacity of 200 persons once during 2019/20 season on 30 January 2020.

Advisory signs will be displayed at both Yass and Binalong facilities indicating allowable numbers for each pool.

· Yass 50m pool – 194 people

· Yass Toddler pool – 32 people

· Binalong 25m pool - 55 people

· Binalong Toddler pool - 10 people

· Binalong Baby pool - 5 people

2. Operational Budget Increases (Staff Resources)

The primary objective of the lifeguard is to ensure safety of person/s while swimming. The proposed additional position/s are to accommodate actions identified through the development of the COVID-19 Safety Plan for swimming pools at both Yass and Binalong. These activities include but are not limited to:

· Cleaning schedule of touch surfaces (pool entry, front counter, canteen, toilets, seating around pool etc) to be cleaned every two hours

· Enforce social distancing within the pool and grounds - main focus on reducing crowding at canteen, entry and exit points.

· Regular COVID awareness announcements through Public Address system

· Increase frequency of water testing quality

· Customer service at canteen/front counter

3. Closure of Change Rooms and Showers

Guidelines issued by NSW Health and the COVID-19 Safety Plan for swimming pools specifies the following physical distancing requirements:

· Ensure communal facilities such as showers/change rooms and lockers have strategies in place to reduce crowding and promote physical distancing

· Where practical, stagger the use of communal facilities. Strongly encourage visitors to shower/ change at home

Due to the current layout of these facilities at both Yass and Binalong pools, it is not practical to comply with the above restrictions. The closure of these facilities is recommended. Like many sporting activities this will require patrons to attend the pool ‘swim ready’.

All toilet facilities will remain available to all patrons of both Yass and Binalong swimming pools.

4. Council Swim Classes

Council provides various swimming programs to the community. These are:

· Swimming Program – (stroke correction/competitive training):

Yass pool only - 2 sessions per day 3.30pm to 5pm and 5pm to 6.30pm for the entire pool season. Expected participants per session 70, based on 2019/20 season numbers.

Recommendation:

Based on the current NSW Public Health Order Council will need to limit all sessions to 20 participants plus teachers and instructors in the dedicated lane rope sections of the pool.

· Learn to Swim Program:

Yass pool only – held in December, one lesson per week after school for five weeks. Expected participants 12 per session, based on 2019/20 season numbers. These classes are open to all ages, however historically only younger ages attend.

Recommendation:

Based on the current NSW Public Health Order all sessions will need to limit to 20 participants plus instructors in the dedicated lane rope sections of the pool.

· Intensive Swimming Program:

Yass and Binalong pools in January, three week program, weeks 1, 2, 3 at Yass pool, week 2 Yass and Binalong pools. Expected participants 12 per session, based on 2019/20 season numbers these classes are open to all ages, however historically only younger ages attend.

Recommendation:

Based on the current NSW Public Health Order all sessions will be limited to 20 participants plus instructors in the dedicated lane rope sections of the pool.

· Aqua Aerobics:

Classes are held three times per week, day class 11am Wednesday and Friday only and evening class 6pm Tuesday only. Number of participants range from 5 to 30 based on 2019/20 season numbers.

Recommendation:

Based on the current NSW Public Health Order all sessions will be limited to 20 participants plus instructors in the dedicated lane rope sections of the pool.

· Morning Lap Swimming:

Morning lap swimming is held on Monday, Wednesday, and Friday only: 6am – 8am (subject to weather). 2019/2020 season numbers not known as a general entry is only required.

Recommendation:

Based on the current NSW Public Health Order all sessions will be limited to 20 participants in the dedicated lane sections of the pool.

Three 30 minute sessions between 6am and 8am will need to be provided to allow for a 15 minute break for cleaning in between sessions.

Participants will be required to pre – book their session for numbers control. However bookings will not be restricted and participants will be able to book for more than one session.

5. Canteen service

Based on discussions with the Department of Health food and drinks are to be restricted to pre-packaged hot foods, ice creams sweets and drinks, eliminating direct contact with food products.

Strategic Direction

Key Pillar 4. Our Infrastructure

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

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

Operational Plan Activity IN4.1.3 - Maintain and operate Council’s commercial assets including swimming pools and Yass Caravan Park

ATTACHMENTS: a. COVID-19 Safety Plan Swimming Pools - Saunas - Spas ⇩

b. Public Health (COVID-19 Restrictions on Gathering and Movement Order (No 4) 2020 ⇩

Activity	2019/20 total	2020/21 to date
Development Applications (including modifications)	312	79
Complying Development Certificates	25	10
Construction Certificates	105	12
Local Activity Applications	125	25
Subdivision Certificates	64	11
Occupation Certificates	118	12
Critical Stage Inspections	807	158
Swimming Pool Compliance Certificates	29	7
Planning Certificates	540	101
Building Information Certificates	40	8

Item	Activity
1	Construct new Community Hall
2	Investigate power upgrade to recreation grounds
3	Relocate internal fencing to increase parking around sporting oval
4	Formalise wash bay / car parking – equestrian precinct
5	Construct new Amenities Building
6	Installation of irrigation to sporting oval
7	Installation of 120,000L Water Tank
8	Construct new Multipurpose Courts
9	Construct new Netball Courts
10	Cricket net – adjust entry point into nets to the south side
11	Construct new storage facility – sporting groups
12	Install directional signs for equestrian facilities
13	Construct new Dog Park
14	Install new swings at Jones Park
15	Construct improvements to Barton Highway entrance into recreation ground
16	Construct new storage facility/clubhouse – equestrian precinct
17	Construct linked pathway to dog park / winery trail
18	Upgrade existing public toilets
19	Upgrade internal roadway to equestrian precinct

Date Received	-	15 May 2020
Land	-	Lot 6 DP 1193382, 15 Hanley Place, Yass
Area	-	844m²
Zoning	-	R1 General Residential

Shingle Hill Way	AADT 637 vehicles measured July 2019 near Sutton Road
Mulligans Flat Road	AADT 252 vehicles measured June 2015 near Sutton Road
Nanima Road	AADT 681 vehicles measured August 2019 near Barton Highway
Mountain Creek Road	AADT 74 vehicles July 2011 near Wee Jasper Road
Fairlight Road	AADT 179 vehicles measured December 2015 near Mountain Creek Road