Agenda of Ordinary Council Meeting - Wednesday, 25 November 2020

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Minutes of the

Ordinary Meeting of Council

Wednesday 28 October 2020

4.00pm

Council Chambers
209 Comur Street, Yass

Table of Contents

1. Prayer. 3

2. Apologies. 3

3. Declaration of Interest/Disclosures. 4

4. Confirmation of Minutes. 4

5. Mayoral Minute. 4

Urgent Business .................................................................................................................. 4

7.6 Urgent business -Yass Swiming Club Carnival December 2020................................................. 4

6. Director of Planning & Environment Reports. 5

6.1 Graffiti Art Proposal 5

6.2 Public Space Legacy Program.. 5

6.3 Development Application No. DA165280 - Highway Service Centre, Yass Valley Way, Yass. 6

6.4 Development Application DA200184 - Dwelling and Two Lot Subdivision, 2 Rose Street, Murrumbateman 6

7. Director of Infrastructure & Assets Reports. 7

7.1 Solar Panel Installation Proposal - Yass Water Treatment Plant, Yass Wastewater Treatment Plant and Yass Valley Council Depot. 7

7.2 Tender Evaluation Report - Yass Sewer Relining Project YVC/IA/WWW/06.2020. 7

7.3 Tender Evaluation Report - Design and Construction of Three Concrete Bridges YCC/ASS/05.2020 8

7.4 Tender Evaluation Report - Nanima Road Reconstruction (Stage 1 Ch 0-5km) YVC/ASS/07.2020. 8

7.5 Scope of Works - Yass Valley Way Reconstruction YVC/ASS/03.2020. 8

8. Director of Corporate & Community Reports. 9

8.1 Investment and Borrowings Report. 9

8.2 Rates Arrears. 9

8.3 Policy Review.. 9

9. General Manager Reports. 10

9.1 John Lewis Williams Bequest. 10

9.2 Australia Day Awards Selection Panel 10

10. Notice of Motion. 10

11. Questions with Notice. 11

11.1 Questions with Notice - Cr Geoff Frost. 11

12. Minutes and Recommendations of Council Committees. 11

12.1 Minutes of the Bango Wind Farm Community Consultative Committee held on 18 August 2020. 11

13. Confidential Matters. 11

13.1 Tender Evaluation Report - Yass Sewer Relining Project YVC/IA/WWW/06.2020. 12

13.2 Tender Evaluation Report - Design and Construction of Three Concrete Bridges YVC/ASS/05.2020 13

13.3 Tender Evaluation Report - Nanima Road Reconstruction (Stage 1 Ch 0-5km) YVC/ASS/07/2020. 13

13.4 Scope of Works - Yass Valley Way Reconstruction YVC/ASS/03.2020. 14

Open Forum

Presentations to Council – Items on the Meeting Agenda

· Urgent item – Yass Swimming Club Carnival December 2020
Donna Wullaert

Presentation to Council

Police Presentation – Yass Local Area

Acting Inspector Dave Cowell

Council Meeting - The Deputy Mayor declared the meeting open at 4.56pm.

Present

Councillors Nathan Furry, Deputy Mayor, in the Chair Rowena Abbey, Mayor (via Zoom), Geoff Frost, Allison Harker, Jasmin Jones, Mike Reid 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

RESOLVED that apologies be received from Councillors Burgess and McManus and leave of absence be granted.

(Reid/Frost) 165

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

AGAINST: Nil

Urgent Business

Motion

RESOLVED that consideration of a request by the Yass Swimming Club to hold a carnival on 6 December 2020 be considered as urgent business and the late Report on the request be accepted into the meeting.

(Harker/Turner) 166

Reason

The matter is urgent as the November 2020 Council meeting will not give sufficient time for the Club to organise and promote the event.

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

AGAINST: Nil

Motion

RESOLVED that the urgent business be brought forward as the first report for consideration.

(Frost/Harker) 167

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

AGAINST: Nil

3. Declaration of Interest/Disclosures

Councillor Abbey declared a significant, pecuniary conflict of interest in Item 6.3 - and stated that she believed her interest would preclude her from voting.

Reason: Councillor Abbey declared an interest as she is part owner of the land that is being sold for the development.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 23 September 2020 resolution numbers 143-164 inclusive be taken as read and confirmed.

(Turner/Reid) 168

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

AGAINST: Nil

5. Mayoral Minute

Nil

Urgent Business

7.6 Yass Swiming Club Carnival December 2020

SUMMARY

In September 2020 the capacity of the Yass Swimming Pool was limited to 226 persons as a COVID-19 response. This limit did not address swimming carnivals. A request has been received from the Yass Swimming Club to hold a carnival on 6 December 2020 for 500 persons.

This limit has been reviewed in light of the club’s submission and it is recommended that the number of persons be limited to 265 (swimmers, spectators and officials) for swimming carnivals at the Yass pool including the Yass Swimming Club carnival on 6 December 2020.

RESOLVED that:

1. The number of persons for all swimming carnivals at the Yass Swimming Pool complex be limited to 300 persons (including swimmers, spectators and officials).

2. For the swimming carnival on 6 December 2020 the number of persons at the Yass Swimming Pool complex be limited to 300 persons (including swimmers, spectators and officials) in accordance with the Yass Swimming Club’s COVID Safety Plan.

3. To minimise the social distancing risk the event be conducted in accordance with the Yass Swimming Club’s COVID Safety Plan.

4. The Yass Swimming Pool complex be closed to the general public for the full day on 6 December 2020 to allow the end of event cleaning of the facility by the Yass Swim Club.

(Turner/Reid) 169

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

AGAINST: Nil

6. Director of Planning & Environment Reports

6.1 Graffiti Art Proposal

SUMMARY

Council deferred consideration of the graffiti wall proposal pending further consultation. Further consultation has been completed and additional sites identified. Approval of the proposed site is recommended.

RESOLVED that proposal from Jade Roche to convert the face of the bridge support under the Laidlaw Street end of the Hume Bridge to a ‘free wall’ for graffiti art be approved as an initial trial.

(Frost/Reid) 170

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

AGAINST: Nil

6.2 Public Space Legacy Program

SUMMARY

To advise of the application to the Public Space Legacy Program and the development assessment performance for September 2020.

RESOLVED that the report on the Public Space Legacy Program and development assessment performance for September 2020 be noted.

(Jones/Reid) 171

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

AGAINST: Nil

At 05:50 pm Councillor Abbey left the meeting.

6.3 Development Application No. DA165280 - Highway Service Centre, Yass Valley Way, Yass

SUMMARY

To present the assessment of the application for a highway service centre on proposed Lot 1 of the subdivision of Lot 1 DP 842644 and Lot 34 DP 871286 Yass Valley Way, Yass. Two submissions were received in relation to the proposal. It is recommended the application be approved subject to deferred commencement conditions.

RESOLVED that :

1. A Deferred Commencement Development Consent be issued for Development Application No. DA165280 for the establishment of a Highway Service Centre on proposed Lot 1 of the subdivision of Lot 1 DP 842644 and Lot 34 DP 871286 Yass Valley Way.

2. The commencement of the Development Consent be deferred until such time that the Applicant has completed the subdivision DA145283 works enabling the creation of legal title for the land subject of DA165280.

(Reid/Frost) 172

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

AGAINST: Nil

At 05:54 pm Councillor Abbey returned to the Meeting.

6.4 Development Application DA200184 - Dwelling and Two Lot Subdivision, 2 Rose Street, Murrumbateman

SUMMARY

To present the assessment of an application for a dwelling and two lot subdivision at 2 Rose Street, Murrumbateman. The application is referred to Council due to a variation (greater than 10%) to the minimum lot size development standard contained in the LEP. There have been no submissions received and approval is recommended.

RESOLVED that :

1. Conditional Development Consent be issued for a dwelling house and two lot subdivision at 2 Rose Street, Murrumbateman; and

2. The removal of the two eucalyptus is not approved and the Applicant is encouraged to lodge a separate tree removal application with the necessary supporting documentation.

(Reid/Frost) 173

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

AGAINST: Nil

7. Director of Infrastructure & Assets Reports

7.1 Solar Panel Installation Proposal - Yass Water Treatment Plant, Yass Wastewater Treatment Plant and Yass Valley Council Depot

SUMMARY

This report is to advise on progress in relation to the possible implementation of solar panels and other associated electricity infrastructure on the Water Treatment Plant, Wastewater Treatment Plant and Council’s Works Depot.

RESOLVED that :

1. The proposed installation of solar panels and associated equipment at the Yass Wastewater Treatment Plant, Yass Water Treatment Plant and Works Depot be considered within the quarterly budget review to allocate funds of $20,000 for commencement of the project in FY2020/21 and $130,000 (including contingencies) for installation in 2021/22.

2. Opportunities for external funding of solar energy generation projects on its buildings and facilities where practical continue to be pursued.

(Jones/Reid) 174

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

AGAINST: Nil

7.2 Tender Evaluation Report - Yass Sewer Relining Project YVC/IA/WWW/06.2020

SUMMARY

This report provides information on the submission of tenders for the 2020/21 Yass Sewer Relining Project.

RESOLVED that this item of the Director Infrastructure and Assets Report be classified as Confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public relating to commercial information of a confidential nature that would, if disclosed, prejudice the position of the person who supplied it.

(Turner/Harker) 175

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

AGAINST: Nil

7.3 Tender Evaluation Report - Design and Construction of Three Concrete Bridges YCC/ASS/05.2020

SUMMARY

This report provides advice on the submission of tenders for the design and construction of three concrete bridge structures.

RESOLVED that item be classified 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.

(Turner/Harker) 176

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

AGAINST: Nil

7.4 Tender Evaluation Report - Nanima Road Reconstruction (Stage 1 Ch 0-5km) YVC/ASS/07.2020

SUMMARY

This report provides advice on the submission of tenders for the Nanima Road Reconstruction (Stage 1 - Ch 0-5km).

(Turner/Harker) 177

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

AGAINST: Nil

7.5 Scope of Works - Yass Valley Way Reconstruction YVC/ASS/03.2020

SUMMARY

This report seeks the allocation of surplus grant funding associated with the rehabilitation of Yass Valley Way to extend the scope of works and thereby vary Contract No YVC/ASS/03.2020.

(Turner/Harker) 178

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

AGAINST: Nil

8. Director of Corporate & Community Reports

8.1 Investment and Borrowings Report

SUMMARY

In accordance with the Clause 212 Local Government (General) Regulation 2005, this report provides a summary of Council’s investments as at 30 September 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 30 September 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) 179

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

AGAINST: Nil

8.2 Rates Arrears

SUMMARY

To update Council on rate arrears to the end of the first quarter of the 2020/21 financial year.

Rate arrears totalled $1,129,323.95 as at 30 June 2020 and this has now been reduced to $855,511.56 as of 30 September 2020. This represents an improvement of $273,812.39 or 24.25%.

RESOLVED that the report on rates arrears be noted.

(Reid/Frost) 180

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

AGAINST: Nil

8.3 Policy Review

SUMMARY

Good governance underpins the effective delivery of Council services to our community. Council policies are a key component of our governance framework and support the outcomes sought in the Our Civic Leadership strategic pillar within the Tablelands Regional Community Strategic Plan 2016-2036. Council policies are reviewed to ensure they remain fit for purpose. To that end, the Gifts & Benefits Policy has been reviewed and determined to be unnecessary.

RESOLVED that the Gifts & Benefits Policy GOV-POL-21 be rescinded.

(Reid/Frost) 181

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

AGAINST: Nil

9. General Manager Reports

9.1 John Lewis Williams Bequest

SUMMARY

To provide an update on the management of the John Lewis Williams bequest for the advancement of the interests of young people of Yass. The executor of the Estate of John Lewis Williams is supportive of the bequest being forwarded to the Yass District Education Foundation.

RESOLVED that:

1. The matter be deferred to the November 2020 Council meeting pending further information.

2. A report be prepared for the November 2020 Council meeting regarding the previous handling of bequests.

3. The Executor of the John Lewis Williams Estate be invited to address Council.

(Turner/Harker) 182

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

AGAINST: Nil

9.2 Australia Day Awards Selection Panel

SUMMARY

Australia Day is a significant civic celebration in Yass Valley. Advertising for Australia Day Award nominations will commence shortly and run until December 2020. Council needs to form an assessment panel to decide on the successful recipients of the 2021 Australia Day Awards.

RESOLVED that an assessment panel, consisting of the Mayor, Deputy Mayor, Councillors Burgess and Turner, to select 2021 Australia Day award recipients be established.

(Jones/Frost) 183

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

AGAINST: Nil

10. Notice of Motion

Nil

11. Questions with Notice

11.1 Questions with Notice - Cr Geoff Frost

The following Questions on Notice have been received from Councillor Frost:

1. What is the current status of the Wellington Drive development? Has the developer been able to connect to Council services, including water and sewerage to their satisfaction? Have any problems arisen with regard to servicing this estate, how have they been solved and at what cost to ratepayers?

2. What is the current position and status of access to the Yarrah estate across the old tram line? When will Council provide legal access for the estate across the tram line? What is the current state of negotiations with respect to this access?

3. What is the capacity of the Yass sewerage system to provide access to homes in the Yarrah estate? What arrangements have been made with the developer to ensure early stages of the development are able to access existing capacity?

4. Can the General Manager assure Councillors that these developments will not be unduly delayed?

RESOLVED that the responses provided to Councillor Frost’s Questions With Notice be noted.

(Frost/Turner) 184

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

AGAINST: Nil

12. Minutes and Recommendations of Council Committees

12.1 Minutes of the Bango Wind Farm Community Consultative Committee held on 18 August 2020

RESOLVED that the minutes of the Bango Wind Farm Community Consultative Committee meeting held on 18 August 2020 be noted.

(Frost/Reid) 185

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, 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 Sewer Relining Project YVC/IA/WWW/06.2020

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 - Design and Construction of Three Concrete Bridges YVC/ASS/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 - Nanima Road Reconstruction (Stage 1 Ch 0-5km) YVC/ASS/07/2020

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.

13.4 Scope of Works - Yass Valley Way Reconstruction YVC/ASS/03.2020

Item 13.4 is confidential in accordance with section s10(A)(2)(di) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

(Frost/Turner) 186

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

AGAINST: Nil

Closed Council commenced at 6.25 pm.

At 06:25 pm Councillor Abbey left the meeting.

13.1 Tender Evaluation Report - Yass Sewer Relining Project YVC/IA/WWW/06.2020

SUMMARY

This report provides information on the submission of tenders for the 2020/21 Yass Sewer Relining Project.

RESOLVED that :

1. The tender submitted by Interflow Pty Ltd for the Yass Sewer Relining Project (Contract No: YVC/IA/WWW/06.2020) be accepted for a total cost of $257,880.22 (ex GST); inclusive of a Provisional Sum of $52,887.56 (ex GST) in accordance with Interflow Pty Ltd’s tender documentation, addendum, submission and subsequent clarifications.

2. The General Manager (or delegate) be authorised to execute the Contract documentation necessary for the works and to approve any necessary variations in accordance with the contract.

3. The original budget estimate for the project be increased from $200,000 to $260,000 at the next Quarterly Budget Review.

4. The unsuccessful tenderers be advised of the tender evaluation decision.

(Frost/Turner) 187

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

AGAINST: Nil

13.2 Tender Evaluation Report - Design and Construction of Three Concrete Bridges YVC/ASS/05.2020

SUMMARY

This report provides advice on the submission of tenders for the design and construction of three concrete bridge structures.

RESOLVED that the tender submitted by Complete Civil Pty Ltd to undertake the design and construction of the three concrete road bridges (Contract No. YVC/ASS/05.2020) be accepted for a total cost of $1,093,590.

(Turner/Frost) 188

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

AGAINST: Nil

13.3 Tender Evaluation Report - Nanima Road Reconstruction (Stage 1 Ch 0-5km) YVC/ASS/07/2020

SUMMARY

This report provides advice on the submission of tenders for the Nanima Road Reconstruction (Stage 1 - Ch 0-5km).

RESOLVED that :

1. The tender submitted by Denrith Pty Ltd to undertake Nanima Road Reconstruction (Stage 1 Ch 05km) (Contract no. YVC/ASS/07.2020) be accepted for a total cost of $2,631,354.22

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

(Reid/Frost) 189

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

AGAINST: Nil

13.4 Scope of Works - Yass Valley Way Reconstruction YVC/ASS/03.2020

SUMMARY

This report seeks the allocation of surplus grant funding associated with the rehabilitation of Yass Valley Way to extend the scope of works under Contract No YVC/ASS/03.2020.

RESOLVED that the scope of works for Yass Valley Way Reconstruction Tender YVC/ASS/03.2020 be increased to include additional rehabilitation sites on Yass Valley Way and the extension of the approaches of Old Gap Road to Yass Valley Way to seal to the RFS shed at a total additional cost of $360,000.

(Turner/Frost) 190

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

AGAINST: Nil

RESOLVED that the meeting move into Open Council.

(Reid/Jones) 191

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

AGAINST: Nil

Open Council resumed at 6.31 pm.

RESOLVED that the recommendations in Closed Council be adopted.

(Turner/Frost) 192

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

AGAINST: Nil

The meeting closed at 6.32 pm.

Ordinary Council Meeting 25 November 2020

6.1 Council Owned and Managed Land Assets

SUMMARY

A review has been undertaken of land assets which Council either owns or manages on behalf of others. This report makes recommendations in relation to land which is potentially surplus to Council operational or community requirements.

RECOMMENDATION

That:

1. The recommendations in Table 1 for properties 1-24 be endorsed.

2. The preparation of a Yass Valley Open Space Strategy be included in the 2021/22 Operational Plan.

Financial IMPLICATIONS

The retention or disposal of Council owned property has varying implications depending on its current or any proposed future use. Not only does the value of the land need to be considered, but any income received from leases as well as costs associated with maintenance or remediation of the land.

POlicy & Legislation

· Local Government Act 1993

· Yass Valley Local Environment Plan 2013

· Property Acquisition and Disposal Policy

REPORT

1. Introduction

A review was recently undertaken of land assets which are either owned or managed by Council. This involved:

· Confirming the land classification (Operational or Community) under the Local Government Act 1993

· Confirming the land use zoning under the Yass Valley LEP 2013

· Reviewing Deposited Plans for any restrictions or reserve status

· Determining whether a current lease is in place for the land

Land which has been classified as Community Land under the Local Government Act 1993 cannot be sold or exchanged, and any lease entered into needs to be expressly provided for within the Plan of Management for the land.

As such, any Community Land which is identified as potentially surplus to requirements will be required to be reclassified as Operational Land through a Planning Proposal and associated public hearing with the community.

2. Property Acquisition & Disposal Policy

Council’s Property Acquisition & Disposal Policy provides a framework for property acquisition or disposal. It is noted that most of the land identified within this review was acquired prior to the development of this policy, and was unlikely to be assessed against any specified criteria. The policy requires Council to undertake regular reviews of its property portfolio, with the objective of minimising cost and maximising usage of land for the benefit of the community now and into the future.

The policy requires the value of each property to be assessed against operational, strategic and commercial value criteria and a summary has been provided below:

2.1 Operational Value

Council service/s cannot (or would struggle to) function effectively without this property or public amenity and would be detrimentally impacted without the property e.g. Council offices, carparks, community halls, parks, sporting facilities, water, sewerage, waste, recreational open space, playgrounds etc.

Parts of the Chinamans Creek Carpark have operational value in the form of amenity and connectivity values of the creek. Council has recently committed to progressing the Chinamans Creek Interpretive and Education Trail and Wetlands if funding is secured through the NSW Public Space Legacy Program. As discussed in the table below, if it is agreed to dispose of the parcel at the rear of the Yass Soldiers Club, it should be on the basis of an exchange of a strip of land to ensure this section of Chinamans Creek is in contiguous public ownership.

Part of the carpark also provides access to the rear of some businesses fronting Comur Street. For this reason, these lots are recommended to be retained at this time. Should there be a future redevelopment of the Atherfield Medical Centre, rights of way/easements to each business could be revisited at that time, with a view to adjusting boundaries. In the interim the land needs to remain in Council’s ownership.

Council has also been historically responsible for management of the Mullion Old School House and the Yass Senior Citizens’ Hall. As there is no operational need for this arrangement to continue, and these facilities duplicate other facilities within the immediate area in Council ownership, there is no operational need to continue these arrangements.

2.2 Strategic Value

Property held for future operational need, commercial value or future community enhancement

‘Hawthorn’, Murrumbateman has strategic value for the future growth of Murrumbateman as identified within the Yass Valley Settlement Strategy. It also has the potential to deliver future community benefit through the conservation of areas with high biodiversity values and some heritage structures and landscape on the Hawthorn property. In August 2020 Council determined to proceed with strategic bio certification of ‘Hawthorn’, as this will deliver future commercial and community benefit.

Land that is a Public Reserve and/or actively being used for that purpose needs to be considered as part of a holistic Public Open Space Strategy. Only land which has no infrastructure and not actively or likely to be used as open space has been identified within this review.

Other than the above, the main ‘strategic value’ which was considered was the commercial value of the asset and how leasing, retaining or disposing land may facilitate Council realising its other strategic objectives.

2.3 Commercial Value

Properties that do not have a strategic or operational component

Where the Valuer General’s land value is known it is provided in the table below, as well as the details of any current return being received through a lease. The Valuer General’s assessment is the unimproved land value – it is not the market value. Prior to the disposal of any parcels of land, an independent valuation will be required.

A number of parcels of land require additional works to be undertaken prior to re-development or lease/disposal of the land including land surveys or remediation. The cost and scope of these works is unknown at this stage, however it has been identified that there is a need to establish a budget reserve to manage (including remediate) Council owned land. As such, no timing has been attributed to these works, other than a low-medium-high priority, and the funding of each of these will be considered within the annual budget process once cost estimates are known.

2.4 Disposal of Property

The policy provides for the disposal of land not required for a community or operational purpose i.e.

· Open market sale (including auction)

· Expressions of interest

· Select tender

· Open tender

· By negotiation

The method chosen will depend upon:

· The number of known potential purchasers of the property

· Delegation limits, taking into consideration accountability, responsibility, operational efficiency and urgency of the disposal

· The total estimated value of the disposal

· Compliance with statutory and other obligations

As required under the policy, information relating to valuation, sale price and rationale for method of disposal will be made public through a resolution of Council.

3. Identified land

Based on the above considerations, the review revealed a number of parcels which appear no longer meet Council’s operational and strategic land needs or which require additional work to be undertaken to allow the land to be re-developed, leased or sold. These are included and number 1-24 in Table 1 below. The corresponding aerial photo of each property is shown in Attachment A.

Land Description

Valuer General Value

1/7/2019

(Pro Rata where part of larger valuation)

Lease Income/

Expenditure

Recommendation

Priority

OPERATIONAL LAND

Former Yass Saleyards, Yass Valley Way, Yass

Lot 1 DP230230, Lot 1 DP328041, Lot 1 DP323783

Zoned R1 General Residential

4.6ha

$360,000

N/A

Obtain quote for site remediation.

Include funding for remediation in a forthcoming budget.

Medium

2 ‘Hawthorn’, Barton Highway, Murrumbateman Lot 12 DP1129955 Lot 6 DP1046081 Lot 11 DP1129955 Zoned RU1 Primary Production 286ha	$3,170,000	$60,000 pa Lease to be renewed early 2021	Continue with strategic bio certification as per August 2020 resolution.	High
3 116 Laidlaw Street, Yass Lot 1 DP783758 Zoned B5 Business	$482,000	$24,700 pa Lease expires 20 August 2021	Obtain quote for contaminated land/UPSS site assessment. Include funding for assessment in a forthcoming budget. Proceed with existing Development Consent for subdivision of Orion Street extension in 2021. After this consider whether to continue leasing or dispose.	Medium
4 Corner Red Hill and Bowning Road, Bowning Lot 101 DP1223128 Zoned RU5 Village 1,148m²	$73,800	N/A	Engage surveyor to prepare boundary adjustment to address building/fence encroachment. Include funding for survey work in a forthcoming budget. Dispose upon registration of adjusted boundary.	High
5 17 Dutton St, Yass (rear Goodradigbee Centre) Lot 1 DP61675 Zoned R3 Medium Density Residential 689m²	$73,162 (pro rata)	N/A	Obtain quote for contaminated land assessment. Include funding for assessment in a forthcoming budget. Dispose upon completion of remediation	Medium

Future extension of Saxon Avenue, Murrumbateman

Lot 4 DP854301

Zoned R5 Large Lot Residential

6,810m²

$58,911

(pro rata)

N/A

Road extension not required into (recent) Isabel Drive development.

Obtain valuation and negotiate/ seek Expressions of Interest from adjacent owners including Merryville Community Association.

High

9-13 Dutton Street, Yass

Lot 9 DP1099562

Lot 10 DP1107012

Lot 11 Sec 19 DP759136

Lot 12 Sec 19 DP759136

Zoned R3 Medium Density Residential

7,265m² (total)

$537,666

N/A

Undertake structural/heritage assessment on Squatter’s Home Inn ruins in 2020-21.

Obtain quote for contaminated land assessment.

Include funding for assessment in a forthcoming budget.

Review occupation of Lot 12 and prepare formal lease of site if appropriate.

Progress creation and acquisition of strip of land at rear from NSW Land Registry (not in any ownership).

Depending on outcome of above assessments dispose of Lots 9, 10 and 11.

Medium

Chinamans Creek Carpark, Yass

Lot 4

DP 557069

$122,196

(pro rata)

Lot 5

DP 559028

$19,541

(pro rata)

N/A

Obtain valuations and negotiate/seek Expression of Interest from adjacent landowner for Lot 5 DP559028 (adjoins rear of Bargain Base /Elders building).

Discussion: Lot 5 is not relied on to access any other businesses in the vicinity and forms part of the rear loading and parking area to the adjacent premises.

Obtain valuation and negotiate/seek Expression of Interest from the adjacent landowner, the Yass Soldiers Club for Lot 4 DP557069.

Discussion: The Soldiers Club land holding abuts the north west and north east boundaries of the site. They have previously expressed an interest in acquiring this lot for car parking purposes (refer separate report). Lot 4 is currently underutilised by surrounding businesses and the general community. It is not relied on to access any other businesses in the vicinity.

Any disposal of Lot 4 DP557069 should incorporate an exchange of the strip of land which includes the channelised section of Chinamans Creek between Meehan Street and the rear of the Australian Hotel (part Lot 5 Section 21 DP759136, Part Lot 100 DP1134246).

In addition, there would be significant community benefit in creating continuous public pedestrian access from Park and Ride to Riverbank Park. This will also assist the delivery of the Chinamans Creek Interpretive and Education Trail and Wetlands project under the current Public Space Legacy Program.

Lot 2 DP503355 and Lot 8 DP562963 contain the Atherfield medical centre/ part Australian Hotel carpark (accommodation). While they predominantly support those businesses, they also provide access from Lead Street to the rear of Carpet Court, Belle Mere, Lien’s and Silver Gully businesses. It also has right of ways/easements over Lot 2 which would be costly and complex to resolve. It is recommended that these lots, and well as the two lots over Chinamans Creek, be retained by Council at this time.

9 West corner Grampian and O’Brien St, Yass Lot 1 DP1087704 Zoned R1 General Residential 1,011m²	$139,000	N/A	Not a designated reserve, however due to location and passive function consider any need to remain in public ownership within proposed Open Space Strategy.	Low
10 End of Grevillea Close, Murrumbateman Lot 3 DP812518 Zoned R5 Large lot Residential 1,998m²	$12,900	N/A	Not required for extension of road network or access to lots to north. Obtain valuation and negotiate/seek Expressions of Interest from adjacent owners.	Medium
11 Corner Hadlow Drive & Brooks Creek Lane, Gundaroo Lot 1 DP544857 Zoned RU1 Primary Production 974m²	$3,610	N/A	Ascertain interest and negotiate with adjacent owner to acquire.	Low
12 Faulder Avenue, Yass (north of Transfer Station) Lot 5 DP582330 (part) Zoned B5 Business Development 3.155 ha	$52,426 (pro rata)	N/A	Undertake updated biodiversity assessment. Engage consultant/ surveyor to prepare a Development Application for subdivision (7 lot plus road, plus expansion area for Transfer Station. Between Faulder Avenue and spur rail line only.) Obtain quote for updated biodiversity assessment and subdivision proposal for land between Faulder Ave and tram line only. Include funding for finalising subdivision application in a forthcoming budget.	High

67 Rossi St, Yass - (Goodradigbee Centre)

Lot 8 DP1132197 (part)

Zoned B2 Local Centre

$214,838

(pro rata for all of lot 8))

$26,000 pa

Lease with Valmar over Goodradigbee Building, parking area and carport only

Engage consultant/surveyor to prepare Development Application for a 2 lot subdivision separating Goodradigbee building from adjacent sheds.

Include funding for survey and consultancy work in a forthcoming budget.

Upon registration of plan, obtain valuation and seek expressions of interest or undertake open market sale for lot occupied by sheds.

High

Gasworks, Dutton Street, Yass

Lots 13,15,16 Sec 19 DP759136

Lot 14 DP1130367

Zoned SP1 Special Activities

4,578m²

$207,334

(pro rata)

$50 pa

Include contaminated land monitoring as required under current EPA Voluntary Management Plan in forthcoming budget.

Review and update existing lease of site.

High

COMMUNITY LAND

Stage 3 Discovery Drive, Yass

Lot 63 DP1079585

Zoned R1 General Residential

8,428m²

$53,600

N/A

Reclassify to Operational Land.

Engage consultant/ surveyor to prepare modification to development consent, replacing road extension with cul-de-sac head and pedestrian/cycle path to Reddall Street. Include funding for survey and consultancy work in a forthcoming budget.

Upon registration of plan, obtain valuation and seek expressions of interest or undertake open market sale for lots.

High

Discovery Drive Reserves, Yass

Lots 9 and 19 DP1071431

Zoned R1 General Residential

842m² and 705m²

$130,300

N/A

Include preparation of an Open Space Strategy within next Operational Plan.

Determine whether need to retain both areas of open space opposite each other.

Low

Yeo Crescent, Yass

Lot 20 DP813992

Zoned RE1 Public Recreation

$268,000

N/A

Include preparation of an Open Space Strategy within next Operational Plan.

Determine need to retain given no recreational infrastructure on site and proximity to Walker Park.

Medium

Cnr Discovery Drive and Cooks Hill Road, Yass

Lot 4 DP1071431

Zoned R1 General Residential

5,958m²

$51,100

N/A

Determine interest in the land from Onerwal LALC.

May be some development potential on eastern part of lot – (excluding Rocky Knoll) however new Aboriginal Cultural Heritage Assessment will be required to demonstrate this.

Medium

Walker Park, Yass

Lot 1 DP 163390 (part)

Zoned RE1 Public Recreation

7 ha

$235,385

$618.80 pa (2020/21)

Lease Expiry Date: 30 July 2023

Include preparation of an Open Space Strategy within next Operational Plan.

Undertake preliminary Biodiversity assessment to determine values present.

Determine whether part of lot which is currently fenced and leased is required to remain as open space.

Medium

Merriman Drive, Yass

Lot 1 DP862942 (part)

Zoned RE1 Public Recreation

$87,000

(pro rata for all of Lot 1)

N/A

Include preparation of an Open Space Strategy within next Operational Plan.

Determine whether part of lot adjacent to existing residential development is required to remain as open space.

Low

Woods Close, Murrumbateman

Lot 14 DP832243

Zoned R5 Large Lot Residential

6,808m²

$65,800

$211.40 pa (2020/21)

Lease Expiry Date: 30 June 2023

Include preparation of an Open Space Strategy within next Operational Plan.

Although this was created as a Public Reserve as part of the subdivision, it is leased to the adjoining landowner. Determine whether need to retain.

Medium

22 Wee Jasper village Lot 14 DP255410 Zoned part RU5 Village part W1 Waterway 4.53ha	$18,300	$247.40 pa (2020/21) Lease Expiry Date: 30 June 2023	Include preparation of an Open Space Strategy within next Operational Plan. Although this was created as a Public Reserve as part of the subdivision, it is leased to the adjoining landowner. Determine whether any need to retain.	Medium
YVC LEASE or TRUSTEE FOR
23 Senior Citizens’ Hall, Yass Lot 2 DP523871	Purchased in 1967 with funds provided by Yass Senior Citizens’ Club. Land and facility is within the APEX facility.	Note: Senior Citizens Club pays no rates and charges are waived under current Donations Policy.	As Council does not manage nor maintain the Hall, the Trust should be extinguished and handed back to Yass Senior Citizen’s Club.	Medium
24 Old Mullion Schoolhouse Lot 258 DP821085 Lot 139 DP751834 Zoned RU1 Primary Production 9,394m²	N/A	Lease with NSW Education expired in 2009. Minimal community use of the building/land, and there is another community hall on Council land nearby.	Advise NSW Education that Council has no further interest in the property.	High

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 IN4.2 - Ensure sufficient land is appropriately located for future Council facilities and emergency services

Operational Plan Activity IN4.2.1 - Ensure that as settlement grows locations are appropriately earmarked for Council facilities and emergency services

ATTACHMENTS: a. Aerial Photos of Properties ⇩

Ordinary Council Meeting 25 November 2020

6.2 Yass Soldiers Club

SUMMARY

To present a request to purchase Council owned land at the rear of the Yass Soldiers Club. It is recommended that an exchange of land be negotiated.

RECOMMENDATION

That negotiations be undertaken with the Yass Soldiers Club for the exchange of Lot 4 DP557069 at the rear of the Club for part Lot 100 DP1134246 and part Lot 5 Sec 21 DP759136 along Chinamans Creek.

Financial IMPLICATIONS

Disposal of assets reduces Council’s asset maintenance liabilities.

POlicy & Legislation

· Local Government Act 1993

· Regional Community Strategic Plan 2016-36, Delivery Program 2017-21 and Operational Plan 2020-21.

· Yass Valley Local Environmental Plan 2013

· Property Acquisition & Disposal Policy

REPORT

1. Introduction

A request has been received from the Yass Soldiers Club to purchase Council land at the rear of their site in Meehan Street (refer Attachment A). The Club are seeking to use the land for parking purposes and would integrate this area with their existing car park by removal of the existing barriers. The Club has not made a purchase offer at this stage.

The site forms part of several Council owned parcels in this locality (refer Attachment B). The Council land and current uses are summarised in the following table:

Land	Use
Lot 2 DP503355	· Car park area accessed off Lead Street. · Provides rear access to commercial properties fronting Comur Street
Lot 1 DP745721 Lot 11 DP603281	· Part of Chinamans Creek
Lot 8 DP562963	· Access way at the rear of the Australia Hotel linking the car park area off Lead Street with the land at the rear of the Yass Soldiers Club
Lot 4 DP557069	· Unformed informal access area · Provides rear access to adjoining commercial properties (Bargain Base, Elders)
Lot 5 DP559028	· Unformed informal parking area · Adjoining rear of Yass Soldiers Club

The Council land is classified as “Operational Land’ under the Local Government Act 1993 in recognition of its parking and access functions.

2. Decision Making Process

Council develops forward plans for its activities to guide future decision making. A review of Council’s land holdings has been identified as a project to determine whether the holdings align with its strategic priorities. Work on this project has commenced and priorities identified are included in a separate report in these business papers.

However there are times outside of the usual planning process in which strategic opportunities arise that warrant evaluation. To assist with this evaluations Council endorse a flowchart for such proposals i.e.

The evaluation of the Yass Soldiers Club proposal is to follow this process.

3. Legislation

Section 8A Local Government Act 1993 specifies the guiding principles for Councils which includes managing land and other assets so that current and future community needs can be met in an affordable way. There is an expectation that the acquisition or disposal of land follows a robust business case analysis. The disposal of Council land at the rear of the Yass Soldiers Club needs to follow this process and needs to consistent with Council’s strategic priorities.

4. Regional CSP, Delivery Program and Operational Plan

The disposal of surplus land is not specifically referenced in Council’s Regional CSP, Delivery Program or Operational Plan. These strategic documents make a broad reference to:

· CSP Strategy IN4 – maintain and upgrade existing community facilities and support development of new community facilities

· DP IN4.2 - Ensure sufficient land is appropriately located for future Council facilities and emergency services

Matching property assets with the need for community facilities is consistent with meeting these aspirational objectives. Assets that do not meet these needs can be considered as surplus and suitable for disposal.

5. Local Planning

The land is zoned ‘Local Centre’ under the Yass Local Environmental Plan 2013 and is located within a Heritage Conservation Area. The site itself has no heritage values.

Water, sewer and stormwater infrastructure in the area is included in Attachment C.

6. Councillor Workshop

A Councillor Workshop was held on 12 October 2020 to discuss its property portfolio and its alignment with its strategic priorities.

The workshop examined the Council land between Lead Street and the rear of the Yass Soldiers Club. The land provides for off street parking, rear access for commercial properties and Chinamans Creek.

Part of Chinamans Creek is owned by the Yass Solders Club.

Council has recently nominated the development of Chinamans Creek as an open space/stream restoration project for open space funding.

One option could be to exchange land between the Club and Council to secure public land along the creek.

The Council land also has an important access function for adjoin commercial properties and to allow vehicle and pedestrian movements between each parking area. This access will need to be retained with any transfer of Council land.

7. Property Acquisition & Disposal Policy

Council has adopted a Property Acquisition & Disposal Policy. This policy details the criteria for property disposal. An assessment against this criteria is as follows:

7.1 Usefulness of the property

The land was most likely acquired for cark parking however it has not been constructed for this purpose.

The area is used informally for parking and rear access to adjoining commercial properties.

7.2 Opportunity to promote economic growth and development

If purchased by the Club this land would assist that organisation with growth and development of their business.

7.3 Opportunity to deliver social and community benefits

The Club has indicated they wish to use the area for parking and are prepared to develop it for this purpose.

The parking design will need to ensure the site continues to provide rear access to adjoining commercial properties and integrate with other Council land.

An alternative option is to exchange land with the Club to secure contiguous public land for the Chinamans Creek project.

7.4 Current market value

An independent valuation has not yet been sought at this stage. However based on Council records of land values the site has an estimated value of $122,196.

7.5 Maintenance costs

The site is currently unformed and is receiving no maintenance.

7.6 Alternative future use

The site appears to have been acquired for future parking and has been used informally for this purpose along with rear access to adjoining commercial properties.

At this stage the development of the site as a car park has not been identified as a priority.

If the Club acquired the land for parking this could be an alternate means of achieving the same outcome. In addition the Club would become responsible for ongoing maintenance of the parking area.

7.7 Duplication of the property

The land is adjacent to an existing parking area off Lead Street. While the existing parking area is well used it in not operating at full capacity suggesting that additional parking in not yet required.

7.8 Impact of the disposal on the community

The submitted proposal is to use the land for car parking in association with the Club. This will be primarily for the benefit of the Club patrons.

As the area also provides rear access to adjoining commercial properties any disposal of the Council land should include appropriate ongoing access rights (e.g. carriageway access easements).

The design of the car park should also provide for integration into the existing car park off Lead Street.

7.9 Cultural/Heritage significance

The land is located within the Heritage Conservation Area but in itself has no cultural or heritage significance.

7.10 Impact of disposal on operations

Disposing of the land reduces Council’s asset management liability.

If the Club acquires the site for parking purposes it should be designed to maintain access to the adjoining commercial properties and integrate with the adjoining car park area.

Any proceeds from the sale can be added to the Infrastructure Replacement Reserve for future asset management.

7.11 Long term plan

There are currently no long terms plans for the site.

7.12 Benefits and risks

As the site is ‘land locked’ there are limited potential purchasers. If there are no Council long term plans then ideally the land would be best used in conjunction with an adjoining property.

7.13 Community consultation

No formal community consultation has been undertaken other than the approach by the Club.

Seeking Expressions of Interest from adjoining owners will provide an opportunity for all to compete for the land.

7.14 Restriction

Any disposal of the land should be conditional upon preserving rear access to adjoin properties. If the area is to be used for parking this should be designed to integrate with nearby parking.

8. Method of Disposal

The land being sought by the Club is at the rear of their existing premises and has no direct road frontage. Access to the area is via adjoining Council owned land. The land also provides rear access for adjoining commercial properties.

The acquisition of land over Chinamans Creek (refer Attachment D) to provide a contiguous public land holding over this watercourse for the upcoming open space project is a priority project for grant funding. A directly negotiated land exchange is consistent with achieving this strategic outcome for the community.

Alternatively if Council considered that the development of the land is best undertaken with an adjoining property then an Expression of Interest process should be followed rather than an open market sale. The Expression of Interest process should seek submissions that demonstrate:

· The intended use of the land

· How existing access arrangements into adjoin properties and between parking areas are to be maintained

· Community benefits

· Consideration being offered

9. Conclusion

No unfulfilled community need in the public interest has been identified warranting the retention of the land for future public purposes.

While the existing parking area is well used it in not operating at full capacity suggesting that additional parking in not yet required. Any future parking demand could be met if the land is developed as a parking area that integrates with Council’s existing car park off Lead Street.

Retention of the site has not been identified in Council’s Regional Community Strategic Plan and associated documents other than Council assets matching community needs.

The land is undeveloped and is surplus to Council requirements at this point in time. Disposal of the site by land exchange with the Club is recommended.

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 IN4.1.4 - Manage Council’s properties and buildings

ATTACHMENTS: a. Locality Plan ⇩

b. Council Owned Land ⇩

c. Infrastrucure Plan ⇩

d. Proposed Area for Chinamans Creek Public Open Space ⇩

Ordinary Council Meeting 25 November 2020

6.5 Development Consent No DA200049 - Subdivision, Isabel Drive, MurrumBAteman

SUMMARY

To present a request for a review of determination of Development Consent No DA200049 for the subdivision at Isabel Drive, Murrumbateman. Specifically the request seeks review of conditions relating to conditions imposed for demonstrating electricity and telecommunication supply availability, the voluntary planning agreement (VPA), provision of shared paths, and provision of bus stops.

RECOMMENDATION

That:

1. The conditions requiring the Applicant to demonstrate electricity and telecommunications prior to Subdivision Works Certificate be removed as they are not required by Council policy.

2. The conditions relating to the Voluntary Planning Agreement (VPA) be amended to allow a resolution of Council for the draft VPA to be placed on public exhibition as the acceptable point for when a Subdivision Works Certificate could be issued.

3. The conditions relating to the location of shared paths remains in accordance with the conditions of Development Consent, however the standard of construction for the horse trail be reduced to decomposed granite.

4. The condition relating to bus stops be amended to increase the flexibility for achieving the most suitable outcome.

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

· Provision of Electricity Supply & Telecommunications Service for Subdivisions Policy

· Parks & Playgrounds Strategy

REPORT

1. Application Details

Date Review Received	-	2 November 2020
Land	-	Lot 1 DP 125138, Isabel Drive, Murrumbateman
Area	-	99.55ha
Zoning	-	R2 Low Density Residential and 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. Background and Proposal

The approved development is a 101 lot subdivision, including 100 residential lots and one public open space lot (refer Attachment B). The subdivision is approved 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.

The public open space lot includes a shared horse/bike/pedestrian trail from Isabel Drive to Merryville Drive. The open space lot is to be dedicated to Council subject to a Voluntary Planning Agreement covering the dedication, associated works and an initial maintenance period.

The Applicant has now lodged a request for review of determination of Development Consent (refer Attachment C). Specifically the request seeks review of conditions for electricity and telecommunication supply availability, the Voluntary Planning Agreement (VPA), provision of shared paths and bus stops.

4. Public Exhibition

Public exhibition of the request review was sent to all persons who previously made a submission – previously 65 submissions were received which have previously been distributed to Councillors. Two additional submissions have been received in relation to the review request (refer Attachment D) at the time of compiling this report.

5. Assessment

A review of the original assessment and determination has been undertaken in accordance with the planning legislation. The following is an assessment and response to the matters that are subject of the review request.

5.1 Electricity and Telecommunications

Consent conditions require evidence to be submitted indicating suitable arrangements for electricity and telecommunications can be made available to service the proposed development, including with consideration of impact on existing capacity, reliability, and the opportunity for feed in for electricity. This evidence must be submitted before any subdivision works can occur. Conditions also require the Applicant to provide evidence the required work has been completed prior to the issue of any Subdivision Certificate (i.e. the final step which then allows titles to be created for the new lots).

The Applicant has requested that the requirement to submit evidence prior to the issue of any Subdivision Works Certificate be deleted as the timing for the Essential Energy and NBN Co. design processes will prevent them from commencing works at the site.

Concern has been raised in the submissions received about the adequacy of electricity and internet supply within Murrumbateman and the potential impact that the additional development will have on those services. Particular concern was in relation to reliability and solar feed-in for electricity, and speed for internet.

Council’s Provision of Electricity Supply & Telecommunications Service for Subdivisions Policy determines the requirements for ensuring the satisfactory provision of these services in subdivisions. It stipulates that an Applicant only has to provide the notice of arrangements prior to the issue of the Subdivision Certificate. There is no requirement within the policy for an Applicant to provide any such evidence of servicing capability arrangements prior to the issue of the earlier Subdivision Works Certificate.

It is ultimately the responsibility of Essential Energy and the telecommunications service provider to ensure that the design of the service infrastructure is adequate and does not adversely impact existing users.

Upon review it has therefore been concluded that this requirement is unnecessary and not in accordance with the policy, and as such can be deleted.

5.2 Voluntary Planning Agreement

A Voluntary Planning Agreement (VPA) is proposed by the Applicant for the open space and to cover the dedication, works, and initial maintenance period. This offer was supported by Council with a further report to be presented with draft terms at a later date.

The Development Consent conditions require the VPA to be entered into with Council prior to the issue of a Subdivision Works Certificate. The Applicant has identified a concern that a VPA is not considered to be ‘entered into’ until such time as the full process has been completed, including public exhibition, any amendments and execution. In turn the Applicant has identified that this will delay their ability to obtain any Subdivision Works Certificate to commence earthworks. This is accepted and it is suggested the condition be modified for the VPA to be submitted prior to the Subdivision Works Certificate and the VPA finalised prior to the issue of a Subdivision Certificate.

5.3 Paths and Cycleways

Submissions received highlighted an importance of pedestrian, horse and bike connections for recreational and alternative transport purposes.

The Applicant has proposed a pedestrian/horse/bike trail from Isabel Drive through the open space lot to Merryville Drive. Although there had been requests within submissions for paths and cycleway to be included on all roads, this was noted as unrealistic and unnecessary, with conditions instead requiring a 2.5m wide shared path on Roads #1, #2 and #4 on the eastern side of the open space lot (refer Attachment E). This condition had been on the basis of:

· In response to the public submissions received

· In response to the Transport for NSW submission encouraging opportunity for alternative modes of transport

· To provide permeability through the subdivision

· Consistency with the Jiparu subdivision which has a shared path the length of Jiparu Drive

· Consistency with Carrington Park which has path running from Merryville Drive to Marquess Place

The Applicant accepts the construction of a shared path from McIntosh Circuit to the open space lot primarily along Road #1. The Applicant has however requested that the requirement for a shared path on Road #2 and the full extent of Road #4 are unnecessary and duplicate the horse trail that is already being provided as a the north and south connection. These paths add $115,000 to the cost of the project with limited benefit. The Applicant has suggested a reduced amount of shared paths in the subdivision (refer Attachment F)

If the path along Road #2 is to be required the Applicant has suggested that the horse trail be constructed with a decomposed granite surface rather than the asphalt construction originally envisaged.

Council does not have a policy position or development control in relation to the provision of paths and cycleways for large lot subdivisions.

The potential implication with shared paths on all roads is that the subdivision may present as a more urban form which could detract from the preferred character of the locality.

There are generally two potential options that may be appropriate:

Option 1: The location of shared paths remains as per the current conditions, but a reduction in the standard of construction for the horse trail from asphalt to crushed granite be supported.

Option 2: The location of the shared paths are reduced as requested by the Applicant, but this should only be done so with an additional requirement for a link between the new path on Road #1 and the existing path in Carrington Park Estate which currently terminates at Marquess Place. This would be a less preferred outcome, but would still provide a reasonable degree of permeability and connectivity through part of the subdivision and with Carrington Park.

The paths required by the current condition in Option 1 is considered to be the preferred option as it provides the greatest level of connectivity, permeability, and protection for vulnerable roads users. Under Option 1 Council could also consider the construction of the additional link into the existing path in Carrington Park at a later date.

Option 2 would still be acceptable as a minimum, although it provides less connectivity for the lots through the middle and south of the subdivision. The location of bus stops would have increased importance where the number of paths have been reduced.

5.4 Bus Stops

The Consent conditions require bus stops to be provided within the subdivision at appropriate intervals in accordance with relevant guidelines. The location to be shown on plans submitted as part of the Subdivision Works Certificate.

The location of bus stops needs to be flexible depending on the needs of the population. It is recommended that the Applicant undertake consultation with local residents, bus service providers and Council on the best locations for bus stops. The Consent conditions can be amended to provide greater flexibility for achieving a suitable outcome with the locations being finalised prior to the issue of a Subdivision Works Certificate.

6. Conclusion

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

· The conditions requiring the Applicant to demonstrate electricity and telecommunications prior to Subdivision Works Certificate be removed as they are not required by Council policy.

· The conditions relating to the VPA be amended to allow a resolution of Council for the draft VPA to be placed on public exhibition as the acceptable point for when a Subdivision Works Certificate could be issued.

· The conditions relating to the location of shared paths remains in accordance with the conditions of Development Consent, however the standard of construction for the horse trail be reduced from asphalt to decomposed granite.

· The condition relating to bus stops be amended to increase the flexibility for achieving the most suitable outcome.

Amended draft conditions are included as Attachment G.

Strategic Direction

Key Pillar 1. Our Environment

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

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

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

ATTACHMENTS: a. Locality Plan ⇩

b. Approved Subdivision Plan ⇩

c. Review Request ⇩

d. Submissions ⇩

e. Approved Paths ⇩

f. Proposed Paths ⇩

g. Draft Conditions ⇩

6.5 Development Consent No DA200049 - Subdivision, Isabel Drive, Murrumbateman

Attachment g Draft Conditions

DA200049B - Draft Amended Conditions – Isabel Drive

Proposed amendments to the conditions of Development Consent DA200049 are shown in RED.

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. Deleted.

(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. Deleted.

(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 (MoU) 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.

Prior to the issue of any Subdivision Works Certificate for Stage 1 the Applicant shall submit a draft Voluntary Planning Agreement (VPA) to Council for consideration.

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.~~

Prior to the issue of Subdivision 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.

(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 (BDAR) 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.~~

OPTION 1

(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. The horse trail path is to be minimum 2.5m wide, 50mm decomposed granite on minimum 50mm compacted road base.

OR OPTION 2:

(a) A shared pathway 2.5m wide, 100mm thick, reinforced concrete or asphalt on 50mm compacted road base shall be provided from McIntosh Circuit along road #4 (to the intersection with road #1) and along road #1 on the eastern portion of the development (east of the open space lot and horse trail path). A connection shall also be provided along road #6 to the existing path on Colonial Place in Carrington Park Estate.

(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. The horse trail path is to be minimum 2.5m wide, 100mm thick, reinforced concrete or asphalt on 50mm compacted road base.

(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.

Bus stop facilities are to be provided in consultation with Council and local bus service providers within the development and/or surrounding roads. 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.

(5) 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”.

(6) 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 (VPA) 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.

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

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

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

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

(12) A restriction to user under Section 88B of the Conveyancing Act 1919 must be placed on all lots (excluding Lot 202) 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.

(13) A restriction to user under Section 88B of the Conveyancing Act 1919 must be placed on all lots created prohibiting the use of the following onsite effluent disposal systems:

(a) Primary treatment septic tank and absorption trench.

(b) Subsoil irrigation beds for effluent dispersal of wet composting closet treatment systems (e.g. worm farms).

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 requiring the installation of only advanced wastewater treatment systems with nutrient reduction linked to subsurface irrigation must be placed on the following lots (inclusive):

Lots 101-102, 107-113, 124-131, 133-137, 142, 146-147, 173-184 and 196-201.

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 must be created under section 88 of the Conveyancing Act 1919 over all proposed lots stating:

An on-site effluent disposal system must not be installed without the consideration of the “Land Capability Assessment” prepared by John Franklin of Franklin Consulting (Version 2 – 29 September 2020), submitted in support of the subdivision.

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

(16) A restriction to user under Section 88B of the Conveyancing Act 1919 must be placed on all lots created (excluding Lot 202) 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 proposed reticulated non-potable bore and the existing bore GW 401758 shall be sealed and bunded (earthen mound or similar) immediately upslope of the bore to prevent access of overland stormwater flow to the bore.

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

(22) 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.

(23) 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.

(24) 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

(25) 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.

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

(27) 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.

(28) 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.

Ordinary Council Meeting 25 November 2020

7.2 Local Roads & Community Infrastructure Grant - Extension of Program

SUMMARY

To determine the allocation of funds of $1,020,648 provided by Australian Government under the Local Roads and Community Infrastructure (LRCI) Program.

RECOMMENDATION

That:

1. The Local Roads & Community Infrastructure Extension Program grant for the amount of $1,020,648 be accepted.

2. The projects listed in Option 6 of this report form the basis of Council’s application under the Local Roads & Community Infrastructure Extension Program.

Financial IMPLICATIONS

Nil - All works will be funded by grant funding.

POlicy & Legislation

· Procurement Policy

· Local Roads & Community Infrastructure Grant - Extension Program Guidelines

REPORT

The Local Roads & Community Infrastructure (LRCI) Program aims to assist a community led recovery from COVID-19 by supporting local jobs, firms and procurement. It is expected Councils, where possible will use local businesses and workforces to deliver projects under the LRCI Program to ensure stimulus funds flow into local communities.

Council has previously received $857,227 under the program, which was reported to the Council’s July 2020 meeting.

Advice has recently been received indicating Council has been offered an additional grant of $1,020,648 under an extension of the LRCI Program.

Currently the guidelines for LRCI Program extension are being drafted. However the advice indicates that the funding will be available from 1 January 2021 with the program to be completed by end 2021.

To allow Council to consider projects for nomination and to be ready for when the program commence it has been assumed the program guidelines will be consistent with the original program.

Under the original LRCI program for a project(s) to be eligible for the funding the following requirements must be met:

· In addition to Council’s existing 2020/21 works program (for the grant extension it is assumed to also include the 2021/22 works program)

· Be completed by 30 June 2021 (for the extension grant this would be 31 December 2020)

· Deliver benefits to the community

· Eligible road projects including:

General road improvements such as:

§ Construction of new road

§ Sheeting/re-sheeting

§ Reconstruction and rehabilitation

§ Widening, sealing and resealing

§ Drainage

Traffic signs and traffic control equipment

Street lighting equipment

A bridge or tunnel

· Eligible community works including:

Bicycle and walking paths

Repairing and replacing fencing

Improved accessibility

Landscaping improvements, picnic sheltered or bbq at parks

Playgrounds, skate parks or toilet blocks

Council staff have prepared the following the list of potential future works that would:

· Satisfy the assumed grant requirements and guidelines

· Be deliverable by end December 2021 allowing work that can be readily delivered and can be managed by Council’s resources noting that Council pre-existing project commitment (excluding water and sewer projects) for 2021 (calendar year) includes in excess of 50 capital projects with a the value of approximately $28M

· Noting the number of complaints being received from rural residents in relation to the conditions of our unsealed road network due to the lack of gravel

· Noting that the Memorial Hall will be celebrating its centennial in the near future

· Noting Murrumbateman will be subject to separate funding announcements in the near future

· Potential for projects to be funded under alternate grant programs include Stronger Country Communities Grant may 100% fund Riverbank Park amenities, Bookham amenities and Murrumbateman Recreation Ground irrigation work. Community Infrastructure funded through Office Responsible Gambling may part fund Binalong Fitness projects or Bookham Oval projects

Asset	Project Name	Project Cost - $
Rural Unsealed Road Network	Gravel re-sheeting	$1,020,000
Memorial Hall	Replace main hall's timber floor	$120,000
	Replace air conditioning	$30,000
	New commercial kitchen	$55,000
	Painting (internal and external)	$90,000
	Front office renovations	$25,000
	Sub-total	$320,000
Murrumbateman Recreation Ground	Install oval irrigation and header tank	$250,000
Riverbank Park	New amenities	$300,000
Binalong Recreation Ground	Fitness station Stage 1 - 6 stations including matted attenuation zone	$50,000
	Fitness station Stage 2 - 6 stations including matted attenuation	$50,000
	Sub-total	$100,000
Bookham Oval	Resurface Tennis Courts,	$100,000
	Upgrade Amenities Building	$40,000
	Sub-total	$140,000
Bookham Reserve	New playground	$60,000

A Councillor Workshop on 16 November 2020 discussed potential projects under the grant program. From the discussions the following options have been developed:

Option 1

Asset	Project Name	Project Cost - $
Rural Unsealed Road Network	Gravel re-sheeting	$1,020,648
	Total	$1,020,648

Option 2

Asset	Project Name	Project Cost - $
Rural Unsealed Road Network	Gravel re-sheeting	$600,000
Memorial Hall	Replace main hall's timber floor	$120,000
Riverbank Park	New amenities	$300,648
	Total	$1,020,648

Option 3

Asset	Project Name	Project Cost - $
Rural Unsealed Road Network	Gravel re-sheeting	$600,000
Memorial Hall	Replace main hall's timber floor	$120,000
Binalong Recreation Ground	Fitness stations Stages 1 & 2	$100,000
Bookham Oval	Tennis courts and amenities	$140,000
Bookham Reserve	New playground	$60,648
	Total	$1,020,648

Option 4

Asset	Project Name	Project Cost - $
Rural Unsealed Road Network	Gravel re-sheeting	$520,000
Memorial Hall	Replace air conditioning	$30,000
	New commercial kitchen	$55,000
	Front office renovations	$25,000
	Painting	$90,000
Riverbank Park	New amenities	$300,648
	Total	$1,020,648

Option 5

Asset	Project Name	Project Cost - $
Rural Unsealed Road Network	Gravel re-sheeting	$520,000
Memorial Hall	Replace air conditioning	$30,000
	New commercial kitchen	$55,000
	Front office renovations	$25,000
Binalong Recreation Ground	Fitness stations Stage 1	$50,000
Bookham Oval	Upgrade amenities	$40,000
Riverbank Park	New amenities	$300,648
	Total	$1,020,648

Option 6

Asset	Project Name	Project Cost - $
Rural Unsealed Road Network	Gravel re-sheeting	$730,000
Memorial Hall	Replace air conditioning	$30,000
	New commercial kitchen	$55,000
	Painting	$90,000
	Front office renovations	$25,000
Binalong Recreation Ground	Fitness stations Stage 1	$50,000
Bookham Oval	Upgrade amenities	$40,648
	Total	$1,020,648

Based on the project requirements Option 6 is recommended as projects to be submitted for funding under the LRCI Extension Program.

Gravel re-sheeting of unsealed roads is an essential requirement to ensure that a grading intervention can be effective. Approximately a quarter or 150 km of Council’s unsealed road network was gravel re-sheeted as part of the repair works from the September 2016 declared natural disaster storm event. As a result the of a report that was presented to Council to stop the 2018/19 and 2019/20 re-sheeting program, which eventually also flowed into a no gravel re-sheeting program for 2020/21.

After almost a three year period of no gravel re-sheeting, Council is receiving numerous complaints in relation to the effectiveness of our annual grading program as, in many cases, there is insufficient gravel on the road to allow the removal of pot-holes and corrugations, The allocation of this funding to gravel re-sheeting will be the first step in re-establishing an annual re-sheeting program for the unsealed road network.

A new kitchen in Memorial Hall will improve the usability of the building. Air condition of the hall will increase operating costs which would need to be passed on through user charges or by reducing service levels in other programs.

The communities of Binalong and Bookham have not received funding in earlier programs.

Strategic Direction

Key Pillar 4. Our Infrastructure

CSP Strategy IN3 - Maintain and improve road infrastructure and connectivity

Delivery Program Action IN3.1 - Deliver transport asset infrastructure, maintenance, renewal and enhancement programs for urban, rural and regional roads to maintain or improve overall condition

Operational Plan Activity IN3.1.1 - Develop and deliver annual programs for urban, rural and regional road renewal and construction, including bridges and stormwater

ATTACHMENTS: Nil

12.5 Minutes of the Country Mayors Association held on 6 November 2020

Attachment a Country Mayors Association Annual General Meeting Minutes 6 November 2020

Country Mayors Association

of NEW SOUTH WALES

Chairperson: Cr Ken Keith

PO Box 337 Parkes NSW 2870

02 6861 2333

ABN 92 803 490 533

AGM Minutes

Annual General Meeting

FRIDAY, 6 November 2020, Cockle Bay Room, International Convention Centre, Sydney

The meeting opened at 9.05 a.m.

1. Attendance:

Armidale Regional Council, Mr Viv May, Administrator

Armidale Regional Council, Mr John Rayner, Acting CEO

Berrigan Shire Council, Cr Matthew Hannan, Mayor

Bland Shire Council, Cr Brian Monaghan, Mayor

Blayney Shire Council, Cr Scott Ferguson, Mayor

Blayney Shire Council, Ms Rebecca Ryan, General Manager

Broken Hill City Council, Cr Darriea Turley, Mayor

Cabonne Shire Council, Cr Kevin Beatty, Mayor

Cabonne Shire Council, Mr Brad Burns, General Manager

Coffs Harbour City Council, Cr Denise Knight, Mayor

Coffs Harbour City Council, Cr George Cecato, Deputy Mayor

Coffs Harbour City Council, Mr Stephen McGrath

Coolamon Shire Council, Cr Bruce Hutcheon, Deputy Mayor

Coolamon Shire Council, Mr Tony Donoghue, General Manager

Cootamundra-Gundagai Regional Council, Cr Abb McAlister Mayor

Cootamundra-Gundagai Regional Council, Mr Phil McMurray, General Manager

Dubbo Regional Council, Cr Ben Shields. Mayor

Dungog Shire Council, Cr John Connors, Mayor

Dungog Shire Council, Mr Gareth Curtis, General Manager

Eurobodalla shire Council, Cr Liz Innes, Mayor

Forbes Shire Council, Cr Phyllis Miller, Mayor

Forbes Shire Council, Cr Chris Roylance, Deputy Mayor

Forbes Shire Council, Mr Steve Loane, General Manager

Glen Innes Shire Council, Cr Carol Sparkes, Mayor

Gunnedah Shire Council, Cr Jamie Chaffey, Mayor

Gwydir Shire Council, Cr John Coulton, Mayor

Gwydir, Shire Council, Mr Max Eastcott, General Manager

Hay Shire Council, Cr Jenny Dwyer, Mayor

Hay Shire Council, Mr David Webb, General Manager

Kempsey Shire Council, Cr Liz Campbell, Mayor

Kempsey Shire Council, Mr Craig Milburn, General Manager

Leeton Shire Council, Cr Paul Maytom , Mayor

Leeton Shire Council, Ms Jackie Kruger, General Manager

Lithgow City Council, Cr Wayne McAndrew, Deputy Mayor

Lithgow City Council, Mr Craig Butler, General Manager

Liverpool Plains Shire Council, Cr Doug Hawkins, Mayor

Liverpool Plains Shire Council, Ms Joanna Sangster, General Manager

Moree Plains Shire Council, Cr Katrina Humphries, Mayor

Murray River Council, Cr Christopher Bilkey, Mayor

Murray River Council, Cr Nikki Cohen Deputy Mayor

Murray River Council, Mr Des Bilske, General Manager

Narrabri Shire Council, Cr Ron Campbell, Mayor

Narrabri Shire Council, Mr Stewart Todd, General Manager

Oberon Council, Cr Kathy Sajowitz, Mayor

Oberon Council, Mr Gary Wallace, General Manager

Orange City Council, Cr Reg Kidd, Mayor

Parkes Shire Council, Cr Ken Keith, Mayor

Queanbeyan-Palerang Regional Council, Mr Tim Overall, Mayor

Shoalhaven City Council, Cr Amanda Findley, Mayor

Singleton Council, Cr Sue Moore, Mayor

Singleton Shire Council, Mr Jason Linnane, General Manager

Temora Shire Council, Cr Rick Firman, Mayor

Temora Shire Council, Mr Garry Lavelle, General Manager

Tenterfield Shire Council, Cr Peter Petty, Mayor

Tenterfield Shire Council, Mr Terry Dodds, General Manager

Uralla Shire Council, Cr Michael Pearce, Mayor

Uralla Shire Council, Ms Kate Jessop, General Manager

Warren Shire Council, Milton Quigley, Mayor

Warren Shire Council, Mr Rolly Lawford, Divisional Manager Engineering Services

Warrumbungle Shire Council, Cr Ambrose Doolan, Mayor

Warrumbungle Shire Council, Mr Roger Bailey, General Manager

LGNSW, President, Cr Linda Scott

Apologies:

As read

2. Adoption of Minutes of Previous Meeting:

RESOLVED that the minutes of the Annual General Meeting held on 1 November 2019 be accepted as a true and accurate record (Singleton Shire Council /Tenterfield Shire Council).

3. Chairman’s Report

Chairperson Cr Katrina Humphries outlined how she enjoyed being Chair for the past four years and thanked everybody for their support during her terms

RESOLVED That the Chairman’s report be received and noted (Moree Plains Shire Council /Tenterfield Shire Council)

4. Secretaries Report – Financial Report

RESOLVED That the financial reports for the 2019/20 year as tabled be accepted (Moree Plains Shire Council Council/ Glen Innes Severn Council)

5. Returning Officer

RESOLVED That the Returning Officer for the conduct of the elections be Mr Allan Burgess (Gwydir Shire Council / Gunnedah Shire Council)

The Chairperson Cr Katrina Humphries vacated the chair

7. Election of Office Bearers

7.1 Chairperson

The Returning Officer advised that he had received one nomination in writing for Cr Ken Keith, Parkes Shire Council, who was nominated by Uralla Shire Council and Kempsey Shire Council The Returning Officer called for any further nominations for the position of Chairperson. No other nominations were received. As there was only one nomination the Returning Officer declared Cr Ken Keith elected Chairman for the 2020/21 year

7.2 Vice Chairperson

The Returning Officer advised that he had received one nomination in writing. for Cr Michael Pearce, Mayor, Uralla Shire Council who was nominated by Parkes Shire Council and Temora Shire Council The Returning Officer called for any further nominations for the position of Vice Chairperson. No other nominations were received. As there was only one nomination the Returning Officer declared Cr Michael Pearce elected as Deputy Chairperson for the 2020/21 year

7.3 Secretary/Public Officer

RESOLVED That Mr Kent Boyd General Manager Parkes Shire Council, be appointed Secretary/Public Officer (Parkes Shire Council / Uralla Shire Council)

7.4 Executive

Nominations for the six positions on the Executive were called for. Nominations were received for Cr Sue Moore Singleton Council, Cr Carol Sparks, Glen Innes Severn Council, Cr Liz Campbell, Kempsey Shire Council, Cr Rick Firman Temora Shire Council, Cr Kathy Sajowitz, Oberon Council, Cr Amanda Findley, Shoalhaven City Council, Cr Jamie Chaffey Gunnedah Shire Council and Cr Peter Petty, Tenterfield Shire Council

RESOLVED That the method of election be by ordinary ballot (Parkes Shire Council/ Uralla Shire Council)

The Chairman Cr Ken Keith took up the position of chairman

Cr Keith thanked Cr Humphries on her four years as Chairman and for the work she did to promote Country Mayors as a voice of rural communities

8. Setting of Annual Membership Fees

RESOLVED That the fees for the 2020/21 year remain at $750 for Councils with a population of 10,000 and over, and Councils with a population of less than 10,000 paying 75% $562.50 (Tenterfield Shire Council / Uralla Shire Council)

8. Secretariat

RESOLVED That Allan Burgess trading as Alkanat Consulting be appointed the Secretariat (Orange City Council / Dubbo Regional Council)

9. Meeting dates for 2021

RESOLVED that the meeting dates for 2021 be 5 March, 28 May, 6 August and 5 November ( Temora Shire Council / Forbes Shire Council)

10. Executive

To allow the counting of votes the AGM was adjourned at 9.35am

The AGM was resumed at 10.31am

Following the count of the votes by the Returning Officer and Cr Linda Scott, President LGNSW the Returning Officer declared the following delegates elected to the Executive for the 2019/20 year

· Cr Jamie Chaffey, Gunnedah Shire Council

· Cr Sue Moore, Singleton Council

· Cr Peter Petty, Tenterfield Shire Council.

· Cr Kathy Sajowitz, Oberon Council

· Cr Liz Campbell, Kempsey Shire Council

· Cr Rick Firman Temora Shire Council

There being no further business the meeting closed at 10.32 am.

Cr Ken Keith

Chairman Country Mayor’s Association of NSW

12.5 Minutes of the Country Mayors Association held on 6 November 2020

Attachment b Country Mayors Asociation General Meeting Minutes 6 November 2020

Country Mayors Association

of NEW SOUTH WALES

Chairperson: Cr Ken Keith

PO Box 337 Parkes NSW 2870

02 6861 2333

ABN 92 803 490 533

Minutes

General Meeting

FRIDAY, 6 November 2020 Cockle Bay Room, International Convention Centre, Sydney

The meeting opened at 10.55 a.m.

1 Attendance:

Armidale Regional Council, Mr Viv May, Administrator

Armidale Regional Council, Mr John Rayner, Acting CEO

Berrigan Shire Council, Cr Matthew Hannan, Mayor

Bland Shire Council, Cr Brian Monaghan, Mayor

Blayney Shire Council, Cr Scott Ferguson, Mayor

Blayney Shire Council, Ms Rebecca Ryan, General Manager

Broken Hill City Council, Cr Darriea Turley, Mayor

Cabonne Shire Council, Cr Kevin Beatty, Mayor

Cabonne Shire Council, Mr Brad Burns, General Manager

Coffs Harbour City Council, Cr Denise Knight, Mayor

Coffs Harbour City Council, Cr George Cecato, Deputy Mayor

Coffs Harbour City Council, Mr Stephen McGrath

Coolamon Shire Council, Cr Bruce Hutcheon, Deputy Mayor

Coolamon Shire Council, Mr Tony Donoghue, General Manager

Cootamundra-Gundagai Regional Council, Cr Abb McAlister Mayor

Cootamundra-Gundagai Regional Council, Mr Phil McMurray, General Manager

Dubbo Regional Council, Cr Ben Shields. Mayor

Dungog Shire Council, Cr John Connors, Mayor

Dungog Shire Council, Mr Gareth Curtis, General Manager

Eurobodalla shire Council, Cr Liz Innes, Mayor

Forbes Shire Council, Cr Phyllis Miller, Mayor

Forbes Shire Council, Cr Chris Roylance, Deputy Mayor

Forbes Shire Council, Mr Steve Loane, General Manager

Glen Innes Shire Council, Cr Carol Sparkes, Mayor

Gunnedah Shire Council, Cr Jamie Chaffey, Mayor

Gwydir Shire Council, Cr John Coulton, Mayor

Gwydir, Shire Council, Mr Max Eastcott, General Manager

Hay Shire Council, Cr Jenny Dwyer, Mayor

Hay Shire Council, Mr David Webb, General Manager

Kempsey Shire Council, Cr Liz Campbell, Mayor

Kempsey Shire Council, Mr Craig Milburn, General Manager

Leeton Shire Council, Cr Paul Maytom , Mayor

Leeton Shire Council, Ms Jackie Kruger, General Manager

Lithgow City Council, Cr Wayne McAndrew, Deputy Mayor

Lithgow City Council, Mr Craig Butler, General Manager

Liverpool Plains Shire Council, Cr Doug Hawkins, Mayor

Liverpool Plains Shire Council, Ms Joanna Sangster, General Manager

Moree Plains Shire Council, Cr Katrina Humphries, Mayor

Murray River Council, Cr Christopher Bilkey, Mayor

Murray River Council, Cr Nikki Cohen Deputy Mayor

Murray River Council, Mr Des Bilske, General Manager

Narrabri Shire Council, Cr Ron Campbell, Mayor

Narrabri Shire Council, Mr Stewart Todd, General Manager

Oberon Council, Cr Kathy Sajowitz, Mayor

Oberon Council, Mr Gary Wallace, General Manager

Orange City Council, Cr Reg Kidd, Mayor

Parkes Shire Council, Cr Ken Keith, Mayor

Queanbeyan-Palerang Regional Council, Mr Tim Overall, Mayor

Shoalhaven City Council, Cr Amanda Findley, Mayor

Singleton Council, Cr Sue Moore, Mayor

Singleton Shire Council, Mr Jason Linnane, General Manager

Temora Shire Council, Cr Rick Firman, Mayor

Temora Shire Council, Mr Garry Lavelle, General Manager

Tenterfield Shire Council, Cr Peter Petty, Mayor

Tenterfield Shire Council, Mr Terry Dodds, General Manager

Uralla Shire Council, Cr Michael Pearce, Mayor

Uralla Shire Council, Ms Kate Jessop, General Manager

Warren Shire Council, Milton Quigley, Mayor

Warren Shire Council, Mr Rolly Lawford, Divisional Manager Engineering Services

Warrumbungle Shire Council, Cr Ambrose Doolan, Mayor

Warrumbungle Shire Council, Mr Roger Bailey, General Manager

LGNSW, President, Cr Linda Scott

Apologies:

As submitted

Special Guests:

Professor, Mary O’Kane, NSW Independent Bushfire Inquiry

Peter Duncan AM, Member Independent Panel for the Road Classification Review and Transfer

Hon Mick Veitch MLC, Shadow Minister for Industry and Trade, Rural Roads, Rural Affairs and Western NSW

2. Adoption of Minutes of Previous Meeting:

RESOLVED that the minutes of the General Meeting held on 6 March 2020 be accepted as a true and accurate record (Singleton Council / Queanbeyan-Palerang Regional Council)

3. Professor, Mary O’Kane, NSW Independent Bushfire Inquiry

The NSW Bush Fire Inquiry Report by Dave Owens APM and Professor Mary O’Kane has worked to understand what happened during the 2019-20 bush fire season and how it was different to seasons that have come before, and to make 76 recommendations for future improvements to how NSW plans and prepares for, and responds to, bush fires. The season showed us what damage megafires can do, and how dangerous they can be for communities and firefighters. It is clear that we should expect fire seasons like 2019-20, or potentially worse, to happen again.

The 2019-20 bush fire season challenged conventional assumptions. For example, it appears that the extreme dryness of forested regions over large continuous areas was the determining factor in the size of the fires. When taken together with the weather conditions experienced, the fires became extreme, burning through forests and across bare earth. This season also challenged assumptions about how we fight fires. We need to know much more about bush fire suppression methods and how effective they are, especially in the face of megafires like these.

There are important firefighting enhancements needed – more emphasis on getting fires out early; improved backburning protocols, training and information around heavy plant use; the right mix of aerial firefighting assets; and increased aerial night firefighting. There is also a need for improved telecommunications. We need to push available technologies harder, especially fire science, remote sensing, data science and artificial intelligence to equip us better to understand what happens during a bush fire and respond more quickly. Central to the way forward must be improving local preparedness and resilience.

Independent Planning Commission recommendations to continue and Minister has issued a statement of expectation regarding determinations The Commission will be meeting elected officials and management

4. Cr Linda Scott, President, LGNSW

Cr Scott provided a brief on the work of LGNSW and outlined opportunities for further collaboration (Copy Attached)

5. Membership

RESOLVED that Richmond Valley Council be admitted as a member of the Association (Singleton Council/ Tenterfield Shire Council)

6. Correspondence

Outward

(a) The Hon Brad Hazzard, Minister for Health and Medical Research requesting an update on forensic pathology provision in regional areas

(b) Ms Susan Madden, Board Member, Murray Darling Basin Authority. thanking her for her presentation to the 6 March meeting

(c) Lindsay White Hilary Johnson, Directors, Commonwealth Environmental Water office, thanking them for their presentations to the 6 march meeting

(d) The Hon Melinda Pavey MP, Minister for Water, Property and Housing, thanking her for her presentation to the 6 March meeting

(e) Cr R W Sheaffe, Mayor, Hay Shire, advising that his Councils application for membership was successful

(f) Ms Theresa Corbin, Chief Executive Officer, Australian Communications Consumer Action Network thanking her for her presentation to the 6 March meeting

(g) Mr Rob Rogers AFSM, Deputy Commissioner, NSW Rural Fire Services, thanking him for his presentation to the 6 March meeting

(h) Hon Jennifer Gardner, Chairperson, NSW Local Government Grants Commission, thanking her for her presentation to the 6 March meeting

(i) Mr David Harris, Chief Executive Officer, NSW Water, thanking him for his presentation to the 6 March meeting

(j) The Hon John Barilaro MP, Deputy Premier, Minister for Regional New South Wales, Industry and Trade, regarding the necessity to have rail crossings of State Highways at grade in respect to the Inland Rail

(k) The Hon Michael McCormack MP, Deputy Prime Minister, Minister for Infrastructure and Transport and Regional Development, regarding the necessity to have rail crossings of State Highways at grade in respect to the Inland Rail

(l) Cr Bruce Miller, Chair of Board Local Government Super, asking for the Board to assist rural communities by allowing a two year moratorium on the payment of additional contributions to the Defined Benefit Plan

(m) Mr David Smith, Chief Executive Officer, Local Government Super, asking for the Board to assist rural communities by allowing a two year moratorium on the payment of additional contributions to the Defined Benefit Plan

(n) The Hon Mark Coulton MP, Minister for Regional Services, Decentralisation and Local Government, Assistant Trade and Investment Minister, requesting a review of the Financial Assistance Grants criteria to include disability factors for natural disasters such as drought and bush fires

(o) The Hon Shelley Hancock MP, Minister for Local Government, requesting a review of the Financial Assistance Grants criteria to include disability factors for natural disasters such as drought and bush fires

(p) The Hon Shelley Hancock MP, Minister for Local Government, requesting a reply to our letter dated 3 June 2019 regarding Waste to Energy

(q) Ms Felicity Gemmell-Smith, Special Education Programs Manager, GP Synergy, advising that Country Mayors is encouraging members to nominate a staff member as a contact for potential rural doctors

(r) Ms Margaret Crawford, Auditor General, NSW, Re Accounting Requirements of RFS Assets

Inward

(a) Ms Theresa Corbin, Chief Executive Officer, Australian Communications Consumer Action Network Re membership of the Rural Regional and Remote Communications Coalition

(b) The Hon Ben Franklin MLC, Parliamentary Secretary for Energy and the Arts Re the replacement of private electricity poles

(d) Ms Anne Skewers, Deputy Secretary, Crown Lands, Planning Industry and Environment Re Local Land Agreements

(e) Mr Rob Rogers AFSM, Commissioner, NSW Rural Fire Service, thanking Country Mayors for their appreciation of the Service

(f) The Hon Shelley Hancock MP, Minister for Local Government, regarding contributions to the Defined Benefits Scheme

(g) The Hon Shelley Hancock MP, Minister for Local Government, regarding Waste to Energy

(h) Margaret Crawford, Auditor New South Wales, regarding Reporting of Rural Fire Service assets

NOTED

7. Financial Report

RESOLVED that the financial reports for the last quarter were tabled and accepted (Uralla Shire Council / Bland Shire Council)

8. Peter Duncan AM, Member Independent Panel for the Road Classification Review and Transfer and Commissioner of the independent Planning Commission

In February 2019 the Minister made a commitment to initiate the Road Classification Review and to transfer up to 15,000km of Regional Road to State management The panel was appointed and the draft Terms of Reference released for Council feedback in February 2020. The Terms of Reference and information paper was released in June 2020 with consultation in July/August 2020 Deadline for nominations on all roads proposed for priority and non-priority reclassification and/ or transfer was September 2020. Priority submissions are open to the end of 2020. Submissions for the full round open in March 2021 and close in May 2021 with a final report to the Minister in July 2021. In the next week the Panel will open the priority submission process and priority assessment framework based on six key principles of Future Transport 2056 - Customer focused, Successful places, A strong economy, Safety and performance, Accessible services and Sustainable, and three primary outcomes

- lighten the load on regional councils net better off position for councils, Support regional employment, Support state-wide network improvements. The assessment framework will show how these will be aligned and measured

9. Hon Mick Veitch MLC, Shadow Minister for Industry and Trade, Rural Roads, Rural Affairs and Western NSW

Mr Veitch outlined his experiences of touring regional NSW as the Shadow Minister and meeting with locals. Local Government is at the forefront of their local economies and changes should not find councils worse off financially. Quarterly reports by the Government are to be provided to the Upper House Cost of Council election issues will be referred to the Shadow Minister for Local Government. Some councils want to revert back from amalgamations and a report on the real cost of amalgamations is available. A National Food, Fibre and Security Plan needs to be implemented

10. Distribution of NSW Electoral Districts

RESOLVED that the Association support Leeton Shire Councils submission to the NSW Electoral Commission on the Redistribution of NSW Electoral Districts (Leeton Shire Council/Gunnedah Shire Council)

11. Rural Fire Service Assets

RESOLVED that the Association continue to follow up the advice of the Auditor General that at the end of the 2019/20 reporting cycle the Office will review the technical arguments (Tenterfield Shire Council/Kempsey Shire Council)

12. Destruction of CMA Files

RESOLVED that That the Country Mayors Files to 2010 held by Coffs Harbour City Council be disposed of by Coffs Harbour City Council (Singleton Council/ Forbes Shire Council)

13. IPART Review of Local Government Rating System

RESOLVED that the Association support Bland Shire Councils submission to the Minister for Local Government to not have legislated recommendation 34 of the 2016 IPART Review of the NSW Local Government Rating System (Bland Shire Council/Blaney Shire Council)

14. Emergency Management Reform

RESOLVED That the Association support Eurobodalla Shire Councils submission to the Royal Commission into National Natural Disasters-Local Government and natural disasters (Eurobodalla Shire Council/Tenterfield Shire Council)

15. Federal Government Policy on Water Security

RESOLVED that Country Mayors

(a) Advocate to the Australian Government to increase their funding and involvement in the provision of secure water supply for towns and cities across regional Australia.

(b) Advocate to the NSW Government to waive NSW Government costs associated with essential water infrastructure (Eurobodalla Shire Council/Leeton Shire Council)

16. Enquiry into Rural Health

RESOLVED that Association prepare a submission to the Enquiry into Rural Health and the Minister for Health be invited to the next meeting of Country Mayors (Leeton Shire Council/Gunnedah Shire Council)

17. Local Government Exclusion from National Cabinet

RESOLVED that Country Mayors lobbies the Prime Minister to have Local Government represented on the National Cabinet with membership from ALGA Leeton Shire Council/Forbes Shire Council)

18. Insurance Companies Assisting Families Affected by Fires

RESOLVED that Country Mayors advocate

(a) to the Commonwealth to extend rental relief to bushfire affected individuals and families who lost their primary dwelling in the 2019/20 bushfires and that are now renting temporary accommodation through their insurance policy where in most cases cover will increase after 12 months

(b) to insurance companies and the Insurance Council of Australia to extend the 12 month period of rental assistance available to those residents who have lost their primary dwelling in the 2019/20 bushfires (Shoalhaven City Council/Broken Hill City Council)

19. Next Meeting

Sydney Airport Corporation be invited to the next meeting

There being no further business the meeting closed at 12.58pm.

Cr Ken Keith

Chairman Country Mayor’s Association of NSW

NAME OF TENDERER (Alphabetical)	Address
Comdain Civil Constructions Pty Ltd. (ABN 38 092 269 040)	16 McKenzie Road, ECHUCA Vic 3564
Metwest Engineering Pty Ltd. (ABN 85 068 615 690)	PO Box 866 ST MARYS NSW 1790
Murphy McCarthy Associates Pty Ltd. (ABN 23 086 673 136)	43 Hubert Street LEICHARDT NSW 2048
Springfield Trading Pty Ltd. (ABN 78 621 304 050)	PO Box 5893 MINTO NSW 2566
TWS Evolution Pty Ltd. (ABN 14 637 399 029)	PO Box 14 BLAYNEY NSW 2799

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

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