Agenda of Ordinary Council Meeting - Wednesday, 1 December 2021

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Minutes of the

Ordinary Meeting of Council

Wednesday 27 October 2021

4.00pm

Council Chambers
209 Comur Street, Yass

Table of Contents

1. Prayer. 3

2. Apologies. 3

3. Declaration of Interest/Disclosures. 3

4. Confirmation of Minutes. 4

5. Mayoral Minute. 4

6. Director of Planning & Environment Reports. 4

6.1 Open Space Strategy & Yass Main Street Masterplan Project Committees. 4

6.2 Draft Housing Issues Paper. 5

6.3 Planning Proposal - 2402 Sutton Road, Sutton. 5

6.4 Energy from Waste Infrastructure Plan. 5

6.5 Deferred Development and Headworks Contributions. 6

6.6 Variations to Development Standards Quarterly Report 7

7. Director of Infrastructure & Assets Reports. 7

7.3 Permanent Road Closure Telegraph Close. 7

7.1 Fixing Local Roads Grant Program - Round 3. 8

7.2 Request to Lease Part Road Reserve - Southwell Road, Wallaroo. 8

7.4 Permanent Partial Road Closure of Old Yass Boorowa Road, Kangiara. 9

7.5 Yass Valley Development Contributions Plan 2018 - Review of Operation. 10

7.6 Walker Park - Request for Annual Usage Fee Waiver. 10

7.7 Coronation Park Miracle Slide. 11

7.8 Additional Spaces Allocation Request - Tesla Electric Vehicle Charging Station Park and Ride. 12

7.9 2021/22 School Zone Infrastructure Sub-Program Grant 12

8. Director of Corporate & Community Reports. 13

8.1 Rates Arrears. 13

8.2 Investment and Borrowings Report - September 2021. 13

8.3 1st Quarter Budget Review 2021/22. 14

8.4 Library Overdue Fines. 14

9. General Manager Reports. 15

9.1 Tender Evaluation - Murrumbateman Road Safety Upgrade - YVC.IA.36.2021. 15

9.2 Tender Evaluation - Safety Around Schools - YVC.IA.37.2021. 15

9.3 Tender Evaluation - Bango Bridge Replacement - YVC.IA.25.2021 & RFT2021/31. 16

9.4 Procurement Evaluation - Commercial Waste Collection Vehicle - YVC-IA-14-2021. 16

9.5 Laidlaw Street Sewage Pump Station. 16

9.6 Local Government Election 2021. 17

9.7 Christmas/New Year Opening Hours. 17

9.8 Yass Water Treatment Plant Upgrade: Stage 1 Construction - Project Management Support 18

10. Notice of Motion. 18

11. Questions with Notice. 18

12. Minutes and Recommendations of Council Committees. 19

12.1 Minutes of the Audit, Risk & Improvement Committee held on 28 September 2021. 19

12.2 Minutes of the Yass Soldiers Memorial Hall Committee held on 7 October 2021. 19

13. Confidential Matters. 19

13.1 Laidlaw Street Sewage Pump Station. 20

13.2 Tender Evaluation - Murrumbateman Road Safety Upgrades - YVC.IA.36.2021. 21

13.3 Tender Evaluation - Safety Around Schools - YVC.IA.37.2021. 21

13.4 Tender Evaluation - Bango Bridge Replacement - YVC.IA.25.2021 & RFT2021/31. 22

13.5 Procurement Evaluation - Commercial Waste Collection Vehicle - YVC-IA-14-2021. 23

13.6 Yass Water Treatment Plant Upgrade: Stage 1 Construction - Project Management Support 23

Open Forum

Presentations to Council – Items on the Meeting Agenda

· Ross Webster

Item 7.6 Walker Park Request for Annual Usage Fee Waiver

· Kat McGlip- - Ginninderra Catchment Group

Item 7.2 Request to Lease Part Road Reserve – Southwell Road, Wallaroo

Council Meeting - The Mayor declared the meeting open at 4.28 pm.

Present

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

Also present were the General Manager – Chris Berry, Director Planning & Environment – Julie Rogers, Director Infrastructure & Assets – James Dugdell, Director Corporate & Community – Lynette Safranek and Corporate Planning & Executive Support Officer – Shirree Garland.

Acknowledgement of Country

1. Prayer

2. Apologies

Nil

3. Declaration of Interest/Disclosures

Councillor Abbey declared a pecuniary conflict of interest in Item 6.5 Deferred Development and Head Works contributions and stated that she believed her interest would preclude her from voting.

Reason: Councillor Abbey declared an interest as Director of SELX and Yass Industrial Park.

Councillor Abbey declared a pecuniary conflict of interest in Item 7.3 Permanent Road Closure Telegraph Close and stated that she believed her interest would preclude her from voting.

Reason: Councillor Abbey declared an interest as the Director of Bellevale Cattle Co PtyLtd.

Councillor Burgess declared a non-significant, non-pecuniary conflict of interest in Item 7.1 Fixing Local Roads Grant Program – Round 3 and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor Burgess declared an interest as he is owns property on Back Creek Road but not in the vicinity of the proposed works.

Councillor Harker declared a non-significant, non-pecuniary conflict of interest in Item 7.2 Request to Lease Part Road Reserve – Southwell Road Wallaroo and stated that she did not believe her interest would preclude her from voting.

Reason: Councillor Harker declared an interest as she is the current acting Chair of Local Land Services.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 22 September 2021 covered resolution numbers 186-207 inclusive, be taken as read and confirmed.

(Furry/Burgess) 208

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

AGAINST: Nil

Motion

RESOLVED that the late reports in relation to Tesla Electric Vehicle Charging Station and the School Zone Infrastructure Sub-Program Grant be considered as urgent business due to the upcoming caretaker period and dealt with as part of the Director of Infrastructure & Assets Reports.

(Furry/Burgess) 209

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

AGAINST: Nil

5. Mayoral Minute

Nil

6. Director of Planning & Environment Reports

6.1 Open Space Strategy & Yass Main Street Masterplan Project Committees

SUMMARY

To provide the draft Terms of Reference for the projects committees for the Open Space Strategy and Yass Main Street Masterplan projects.

RESOLVED that :

1. The Terms of Reference for the Yass Valley Open Space Project Committee be amended by specifying the maximum number of members for the Committee is to be seven being two Councillors and five community members. Nominations for the community member positions are to include details of their interest in the project and relevant community based experience.

2. The Terms of Reference for the Yass Main Street Project Committee be amended by deleting the requirement for the two small business owners who have operated in Yass and the two residents who have lived in Yass Valley to have done so “for at least five years”.

3. Nominations be sought for the community positions and invitations to participate be issued to groups nominated in the terms of reference for the Yass Valley Open Space Project Committee and Yass Main Street Project Committee.

(Frost/Turner) 210

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

AGAINST: Nil

6.2 Draft Housing Issues Paper

SUMMARY

To present a draft Yass Valley Housing Issues Paper for feedback from community and stakeholders.

RESOLVED that feedback be sought on the draft Issues Paper, and that it be finalised if no substantial objections are received or substantial revisions to the paper are required.

(Jones/Frost) 211

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

AGAINST: Nil

6.3 Planning Proposal - 2402 Sutton Road, Sutton

SUMMARY

To present the outcomes of the consultation for the Planning Proposal seeking an amendment to the Yass Valley LEP 2013 by amending the land use zoning and minimum lot size for 2402 Sutton Road, Sutton. It is recommended that the Planning Proposal be endorsed and an amendment be made to the Yass Valley LEP 2013.

RESOLVED that :

1. The Planning Proposal – 2402 Sutton Road, Sutton (PP.2019.02) be adopted.

2. The opinion of the NSW Parliamentary Counsel’s Office (PCO) be sought as to whether the amendment to the Yass Valley LEP 2013 can legally be made.

3. The amendment to the Yass Valley LEP 2013 be made as a local plan-making authority.

4. Any future Development Application lodged for the subdivision of the subject property is to include consideration of pedestrian links between it and the Sutton Village.

(Jones/Turner) 212

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

AGAINST: Nil

6.4 Energy from Waste Infrastructure Plan

SUMMARY

To present correspondence from Goulburn Mulwaree Council concerning the State Government’s Energy from Waste Infrastructure Plan and the proposal for energy from waste precinct at Tarago.

RESOLVED that :

1. Council states its total opposition to waste incineration facilities in the Yass Valley Local Government Area and neighbouring Local Government Areas. Council’s position is to ensure that environmental and public health outcomes are the number one priority.

2. The State Government be requested to undertake an urgent review be undertaken of the Energy from Waste Infrastructure Plan before any applications for specific Energy from Waste proposals are lodged or determined based on:

· A robust evaluation of the technology used in any existing facilities in addressing any adverse impacts (especially emissions).

· A cost benefit analysis of the best technology facility in comparison to other energy generating alternatives.

· Identifying potential sites and evaluating their suitability based on the preferred technology.

· Use of an Environmental Impact Assessment process to evaluate specific proposals and a merits based review process for those aggrieved by the assessment outcomes.+

3. The Minister for Environment and Local Member for Goulburn be advised of Council’s determination.

(Furry/Reid) 213

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

AGAINST: Nil

Motion

RESOLVED that Item 7.3 Permanent Road Closure Telegraph Close be brought forward.

(McManus/Harker) 214

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

AGAINST: Nil

At 05:06 pm Councillor Abbey left the Chambers.

Deputy Mayor, Councillor Furry took the chair.

6.5 Deferred Development and Headworks Contributions

SUMMARY

To provide a status report on the current arrangements for deferred development and head works contributions in Yass Valley.

RESOLVED that the report on deferred development and head works contributions be noted and a further report be presented at the end of the 2021/22 financial year.

(Frost/Turner) 215

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

AGAINST: Nil

6.6 Variations to Development Standards Quarterly Report

Summary

Reporting on development standard variations approved in the third quarter (July – September) of 2021.

RESOLVED that the report on approved development variations for the third quarter of 2021 be noted.

(Reid/Furry) 216

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

AGAINST: Nil

7. Director of Infrastructure & Assets Reports

7.3 Permanent Road Closure Telegraph Close

SUMMARY

Development Consent DA135127 has been issued for the subdivision of 42 Bellevale Road, Yass, Lot 1 DP1272213. Council has received a modification request for Consent DA135127, which includes Permanent Road Closure of Telegraph Close.

RESOLVED that :

1. The road closure of Telegraph Close, Yass be approved.

2. The road closure process be commenced and notification be undertaken in accordance with the Roads Act 1993.

3. The closed road be dedicated as Operational Land under the Local Government Act 1993 and be sold to the adjacent landowner at the unimproved land value.

4. The General Manager and Mayor be authorised to sign documentation associated with the partial road closure.

(Frost/Jones) 217

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

AGAINST: Nil

At 05:10 pm Councillor Abbey returned to the Chambers.

7.1 Fixing Local Roads Grant Program - Round 3

SUMMARY

An offer for grant funding has been received to value of $2,996,875 under the NSW Fixing Local Roads (FLR) Grant Program Round 3 for sealing of the first 5 kilometres of Back Creek Road Gundaroo commencing from the intersection with Gundaroo/Sutton Road.

RESOLVED that :

1. The grant for $2,996,875 under the NSW Fixing Local Road Grant Program Round 3 be accepted for the sealing of 5km of Back Creek Road Gundaroo commencing from the intersection with Sutton/Gundaroo Road.

2. A $428,125 Council contribution, as required by the grant approval, be allocated from the Contributions Reserve.

3. The 2021/22 Operational Plan/Budget be modified to include $500,000 of capital grant funds to cover $500,000 capital expenditure.

4. The pre-paid grant funding in excess of the 2021/22 expenditure be transfer to the Unexpended Grants Reserve for re-allocation to the project as part of 2022/23.

(Furry/Burgess) 218

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

AGAINST: Nil

7.2 Request to Lease Part Road Reserve - Southwell Road, Wallaroo

SUMMARY

To provide Council details on submissions received for the partial public road closure of Southwell Road, Wallaroo road reserve adjacent to 225 Southwell Road.

MOTION

That:

1. The request to lease part of the Southwell Road Reserve be declined and the landowner directed to relocate the fence to their property boundary.

2. The suggestion by the Ginninderra Catchment Group to revegetate the road reserve be declined at this stage.

3. A policy framework be developed regarding the undertaking of revegetation works in a road reserve.

4. All the submitters be advised of the decision and thanked for their submission.

(Furry/Reid)

MOTION WITHDRAWN

RESOLVED that:

1. The unused part of Southwell Road adjacent to No 225 is not deemed to be surplus to requirement but is prepared to enter into a temporary short term lease with the applicant.

2. All submitters be thanked and advised of the decision.

3. The suggestion by the Ginninderra Catchment Group to revegetate the road reserve be declined at this stage and that the Group be asked to reapply once the Policy Framework has been adopted.

4. A policy framework be developed regarding the undertaking of revegetation works in a road reserve.

(Jones/Burgess) 219

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

AGAINST: Nil

7.4 Permanent Partial Road Closure of Old Yass Boorowa Road, Kangiara

SUMMARY

To advise of an application for a part road closure of Old Yass Boorowa Road Kangiara.

RESOLVED that :

1. The part road closure of Old Yass Boorowa Road, Kangiara be approved.

2. The road closure process, including notification, be commenced in accordance with the Roads Act 1993.

3. The closed road be dedicated as Operational Land under the Local Government Act 1993 and sold to the adjacent land owner of 377 Tangmangaroo Road, Kangiara in accordance with Council’s Property Acquisition & Disposal Policy.

4. The General Manager and Mayor be authorised to sign all documentation associated with the partial road closure.

(Furry/Burgess) 220

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

AGAINST: Nil

7.5 Yass Valley Development Contributions Plan 2018 - Review of Operation

SUMMARY

The Yass Valley Development Contributions Plan 2018 has now been in operation since 27 March 2019. Council staff have recently undertaken a review of the operations of the Plan and will recommended a number of administrative changes to improve the operations and accountability built into the Plan.

RESOLVED that the Yass Valley Development Contributions Plan 2018 be amended to incorporate the administrative changes identified in this report and placed on public exhibition.

(Furry/Burgess) 221

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

AGAINST: Nil

7.6 Walker Park - Request for Annual Usage Fee Waiver

SUMMARY

Council has received a request from Yass United Rugby League Football Club Inc. and Yass Touch Football Association to waive current annual usage charge fees to the value of $10,250. This is in-lieu of costs of field remediation work activities which have been incurred by their respective organisations at the Walker Park Sporting complex Yass.

RESOLVED that :

1. The work undertaken for ground renovation at Walker Park by Yass United Rugby League Football Club & Yass Touch Football Association to the value $10,250 be acknowledged and the clubs be thanked for their continued contribution to the development of sporting fields for their benefit as well as the bene fit for the whole community

2. A reimbursement to the Clubs of 60% of the costs as incurred as noted be allocated from the current maintenance budget in acknowledgement of Council’s ongoing responsibility for the grounds and the benefit achieved through the completion of the project outside of Council’s budget cycle.

3. An audit of service levels for all Council managed community facilities and recalculation of user fees and charges be undertaken in early 2022 prior to setting Council’s Operational budget.

(McManus/Jones) 222

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

AGAINST: Councillor G Frost

FORESHADOWED MOTION

That :

1. The work undertaken for ground renovation at Walker Park by Yass United Rugby League Football Club & Yass Touch Football Association be acknowledged and the clubs be thanked for their continued contribution to the development of sporting fields for their benefit as well as the benefit for the whole community.

2. An audit of service levels for all Council managed community sporting facilities and recalculation of user fees and charges be undertaken in early 2022 prior to setting Council’s Operational Plan.

(Frost/

7.7 Coronation Park Miracle Slide

SUMMARY

To make a determination on the miracle slide that was removed from Coronation Park in 2019.

RECOMMENDATION

That:

1. Yass High School be thanked for their work to date to convert the miracle slide into an art piece.

2. Expressions of Interest be sought for an individual or group and if no appropriate submission is received the miracle slide be disposed of.

(McManus/Furry)

AMENDMENT

RESOLVED that :

1. Yass High School be thanked for their work to date to convert the miracle slide into an art piece.

2. Expressions of Interest be sought for an individual or group for the miracle slide and if no appropriate Interest is received the miracle slide be disposed of and a history board be installed at Coronation Park.

(Jones/Turner) 223

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

AGAINST: Councillors R Abbey, C Burgess, N Furry and M McManus

AMENDMENT BECOMES MOTION

RESOLVED That:

1. Yass High School be thanked for their work to date to convert the miracle slide into an art piece.

(Jones/Turner) 224

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

AGAINST: Nil

7.8 Additional Spaces Allocation Request - Tesla Electric Vehicle Charging Station Park and Ride

SUMMARY

After the recent approval of a six bay charging station location for Tesla at the Park and Ride on Lead Street at the September 2021 Council Meeting, Tesla have requested an additional six spots due to the increase in sales and expected demand for the charging station in Yass.

RESOLVED that :

1. The Tesla Supercharger proposal for six additional charging stations in the Yass Park and Ride be supported as EV enabled and spaces are available to any make of EV and with an annual review based on usage of the site to determine the allocation of EV only spaces.

2. The General Manager be approved to execute the licence agreements.

(Furry/Jones) 225

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

AGAINST: Councillor G Frost

7.9 2021/22 School Zone Infrastructure Sub-Program Grant

SUMMARY

To accept funds of $188,460 provided under the joint Federal and NSW 2021/22 School Zone Infrastructure Sub Program.

RESOLVED that

1. The 2021/22 School Zone Infrastructure Sub-Program grant for $188,460 be accepted.

2. The 2021/22 Operational Plan/Budget be modified to reflect the above recommendations to include $188,460 of capital grant funds to cover $188,460 capital expenditure.

(Furry/Burgess) 226

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

AGAINST: Nil

8. Director of Corporate & Community Reports

8.1 Rates Arrears

SUMMARY

This report provides Council with an update on rate arrears as at 30 September 2021. Rate arrears totalled $1,241,261.36 as of 30 June 2021 and has been reduced to $1,027,357.95 as of 30 September 2021, being a reduction of $213,903.41 or 17.23 %.

RESOLVED that :

1. The report on rates arrears be noted.

2. Sale of land for unpaid rates, to be auctioned on 17 November 2021, to be considered in Closed Council.

(Frost/Turner) 227

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

AGAINST: Nil

8.2 Investment and Borrowings Report - September 2021

SUMMARY

In accordance with clause 212 Local Government (General) Regulation 2005, this report provides a summary of Council’s investments as of 30 September 2021. 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 the September 2021 Investment Report be noted.

(Frost/Harker) 228

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

AGAINST: Nil

8.3 1st Quarter Budget Review 2021/22

.SUMMARY

This report represents the first 2021-22 Quarterly Budget Review Statements (QBRS) for the period 1 July to 30 September 2021. Council’s projected year end net operating result before capital is expected to decrease from a budgeted surplus of $32k to a budgeted deficit of $349k for 2021/22 financial year.

RESOLVED that :

1. The Quarterly Budget Review Statements adjustments, as detailed in the attachments, be adopted and the relevant income and expenditure budget adjustments be approved.

2. In accordance with the Local Government (General) Regulation (NSW) Clause 203 (2)(a), Council’s financial position as at 30 September 2021 is satisfactory, having regard to revised projected estimates of income and expenditure, and the original budgeted income and expenditure.

(Frost/Furry) 229

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

AGAINST: Nil

8.4 Library Overdue Fines

SUMMARY

This report provides a discussion of the growing trend in public libraries to cease charging overdue fines and provides an argument for the abolishment of overdue fines for the Yass Valley Library.

RESOLVED that all current overdue fines be waived and charging overdue library fees be discontinued.

(Furry/Jones) 230

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

AGAINST: Nil

9. General Manager Reports

9.1 Tender Evaluation - Murrumbateman Road Safety Upgrade - YVC.IA.36.2021

SUMMARY

This report provides advice and recommendations on the submission of tenders for the Murrumbateman road Safety Upgrade, funded by the Federal Government Black Spot 2021/22 grant program, under contract YVC.IA.36.2021.

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.

(Furry/Turner) 231

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

AGAINST: Nil

9.2 Tender Evaluation - Safety Around Schools - YVC.IA.37.2021

SUMMARY

This report provides advice and recommendations on the submission of tenders for the Safety around Schools project funded by the Federal and State Governments Road Safety Program, School Zone Infrastructure Sub Program, under contract YVC.IA.37.2021.

(Furry/Turner) 232

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

AGAINST: Nil

9.3 Tender Evaluation - Bango Bridge Replacement - YVC.IA.25.2021 & RFT2021/31

SUMMARY

(Furry/Turner) 233

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

AGAINST: Nil

9.4 Procurement Evaluation - Commercial Waste Collection Vehicle - YVC-IA-14-2021

SUMMARY

This report provides advice on the recent Request for Quotation for Contract YVC - IA - 14 – 2021, Supply and Delivery of a 14T Commercial Waste Collection truck.

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 commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

(Furry/Turner) 234

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

AGAINST: Nil

9.5 Laidlaw Street Sewage Pump Station

SUMMARY

Providing information and seeking approval for a proposal to make provisions in the new sewage pump station (Yarrah SPS1) to be constructed as part of the Stage 1 Yarrah development to allow for future decommissioning of the Laidlaw Street Sewage Pump Station.

RESOLVED that item is classified CONFIDENTIAL in accordance with Section 10A(2)(c and di) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

(Furry/Turner) 235

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

AGAINST: Nil

9.6 Local Government Election 2021

SUMMARY

The declaration of the 2021 Local Government Election clashes with the current scheduled Council meeting date. It is recommended that the December 2021 Council meeting not be held and a Council meeting be held on 12 January 2022.

RESOLVED that :

1. The 24 November 2021 Council meeting be rescheduled to the 1 December 2021.

2. The 15 December 2021 Council meeting be cancelled and a Council meeting be held on 12 January 2022 for the purposes of taking the oath of office, electing a Mayor and Deputy Mayor, filling vacancies in the first 18 months, delegations and the appointments to any internal committees.

3. The General Manager be delegated all Mayoral delegations, other than those excluded by the Local Government Act 1993, and authorising the General Manager to exercise the Council policy making functions in cases of necessity, with effect from 8am 4 December 2021 until the election of the Mayor at the first Council meeting after the 2021 Local Government Election.

(Furry/Reid) 236

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

AGAINST: Nil

9.7 Christmas/New Year Opening Hours

SUMMARY

To present a report on the Christmas/New Opening Hours for 2021/22 and the arrangements for various Council services.

RESOLVED that all Council services be closed from close of business on Thursday 23 December 2021 until Tuesday 4 January 2022, other than the following:

· Swimming Pools – open other than Christmas Day and Boxing Day

· Yass Valley Information Centre - open other than Christmas Day

· Waste Transfer Stations – open other than Christmas Day and New Year’s Day

· Waste Collections – collections scheduled for Christmas Day will be collected on an alternate day with customers advised in the week prior to Christmas. Collections on other public holidays will proceed as normal

· Roads and Maintenance Services– skeleton crews will be maintained to attend to service needs and emergencies

· Water and Wastewater - skeleton crews will be maintained to attend to service needs and emergencies

· Duty Officer – an on-call duty officer will be maintained over the entire period

(Frost/Reid) 237

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

AGAINST: Nil

9.8 Yass Water Treatment Plant Upgrade: Stage 1 Construction - Project Management Support

SUMMARY

This report provides information on the project management support required for the Yass Water Treatment Plant Upgrade Stage 1 Construction.

RESOLVED that item is 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.

(Furry/Turner) 238

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

AGAINST: Nil

10. Notice of Motion

Nil

11. Questions with Notice

Nil

12. Minutes and Recommendations of Council Committees

12.1 Minutes of the Audit, Risk & Improvement Committee held on 28 September 2021

RESOLVED that the minutes of the Audit, Risk & Improvement Committee meeting held on 28 September 2021 be noted.

(Furry/Reid) 239

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

AGAINST: Nil

12.2 Minutes of the Yass Soldiers Memorial Hall Committee held on 7 October 2021

RESOLVED that the minutes of the Yass Soldiers Memorial Hall Committee meeting held on 7 October 2021 be noted and the following recommendation be adopted:

Item 5.3

That an EOI be lodged with NSW Government, under the Creative Capital Program to cover the cost of refurbishment and redevelopment of the Yass Soldiers Memorial Hall, noting the EOI closes on 3 November 2021.

Item 5.4

That Council apply for other grant funding opportunities should the major funding EOI through the Creative Capital Program application be unsuccessful.

(Frost/Turner) 240

Note: EOI for the Creative Capital Program closing date extended to 17 November 2021.

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

AGAINST: Nil

13. Confidential Matters

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

13.1 Laidlaw Street Sewage Pump Station

Item 13.1 is confidential in accordance with section s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and 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.

13.2 Tender Evaluation - Murrumbateman Road Safety Upgrades - YVC.IA.36.2021

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 - Safety Around Schools - YVC.IA.37.2021

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

13.4 Tender Evaluation - Bango Bridge Replacement - YVC.IA.25.2021 & RFT2021/31

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.

13.5 Procurement Evaluation - Commercial Waste Collection Vehicle - YVC-IA-14-2021

Item 13.5 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.

13.6 Yass Water Treatment Plant Upgrade: Stage 1 Construction - Project Management Support

Item 13.6 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.

(Harker/Burgess) 241

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

AGAINST: Nil

Closed Council commenced at 6.58 pm.

13.1 Laidlaw Street Sewage Pump Station

SUMMARY

This report provides information and seeks approval for a proposal to make provisions in the new sewage pump station (Yarrah SPS1) to be constructed as part of the Stage 1 Yarrah development to allow for future decommissioning of Laidlaw Street Sewage Pump Station.

RESOLVED that :

1. Design and construction of Yarrah SPS 1 to make provisions to receive load from existing Laidlaw Sewage Pump Station (SPS) to enable future decommissioning of Laidlaw Street SPS be approved.

2. The General Manager be delegated to execute the Deed of Agreement with WMD Holdings to design and construct the Yarrah SPS1 to include the load from the Laidlaw Street SPS.

3. An allocation be made from the s64 Sewer Network Reserve to the 2021/22 Operational Plan and Budget to make these provisions following completion of negotiations.

(Furry/Reid) 242

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

AGAINST: Nil

13.2 Tender Evaluation - Murrumbateman Road Safety Upgrades - YVC.IA.36.2021

SUMMARY

RESOLVED that :

1. The tender submitted by Denrith Pty Ltd under the Murrumbateman Road Safety Upgrades be accepted for a total cost of $293,085.50 excluding GST;

2. The units rates submitted by Denrith Pty Ltd as part of their tender submission to undertake additional safety works on Murrumbateman Road to the maximum grant funding amount in accordance with the conditions of the grant.

(Burgess/Reid) 243

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

AGAINST: Nil

13.3 Tender Evaluation - Safety Around Schools - YVC.IA.37.2021

SUMMARY

RESOLVED that:

1 the tender submitted by Denrith Pty Ltd under the Safety around Schools Tender for Sutton Pedestrian Refuge; Bywong Street be accepted for a total cost of $56,540 exc GST;

2. That the tender submitted by Denrith Pty Ltd under the Safety around Schools Tender for Berinba School Connectivity Upgrade; Grand Junction Road/Morton Avenue be accepted for a total cost of $231,350 exc GST;

3. That the remaining two separable portions for Mt Carmel School Crossing upgrade (Rossi Street) and Gundaroo School parking upgrades (Lot Street) not be accepted and referred to staff to review the scope of works and then commence a new procurement process.

(Furry/Harker) 244

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

AGAINST: Nil

13.4 Tender Evaluation - Bango Bridge Replacement - YVC.IA.25.2021 & RFT2021/31

SUMMARY

This report provides advice and recommendations on the submission of tenders for the Bango Bridge Replacement project, funded by the Fixing Country Bridges grant program and Yass Valley Council, under contract YVC.IA.25.2021 and RFT2021/31, and progressed as a joint procurement with Cootamundra-Gundagai Regional Council in accordance with the grant requirements.

RESOLVED that :

1. The six tenders for the Replacement of Timber Road Bridges – Design and Construction of six Concrete Bridges were received, of which five were conforming be noted.

2. In accordance with Clause 178(1)(b) Local Government (General) Regulation 2021, the tenders be declined .

3. In accordance with Clause 178(3)(e) Local Government (General) Regulation 2021, negotiations be commenced with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender.

4. In accordance with Clause 178(4)(a) Local Government (General) Regulation 2021, invitations for fresh tenders or applications is declined for the following reasons as referred to in subsection (3)(b)-(d) of the Regulation:

• All submitted tenders exceeded the budgets allocated

· A competitive outcome is required to satisfy constraints relating to the upcoming Local Government Election Caretaker Period

5. In accordance with Clause 178(4)(b) Local Government (General) Regulation 2021 the reasons for determining to enter into negotiations with the person or persons referred to in subsection (3)(e) of the Regulation are as follows:

• In order to achieve an appropriate outcome prior to the Local Government Election Caretaker Period commencing and to deliver the best value outcome for both Councils, a negotiation with all tenderers and additional persons named in the body of the report is the most appropriate course of action

6. The Tender Assessment Panel be authorised to negotiate with all tenderers and additional persons named in the body of the report.

7. Following the negotiation process, and the submission of recommendations from the Tender Evaluation Panel, the General Manager of Yass Valley be authorised to execute a contract for the Replacement of Timber Road Bridge – Design and Construction of one Concrete Bridge (Bango Lane) (YVC.IA.25.2021 and RFT2021/31).

8. All tenderers be advised of the Council decision.

(Burgess/Harker) 245

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

AGAINST: Nil

13.5 Procurement Evaluation - Commercial Waste Collection Vehicle - YVC-IA-14-2021

SUMMARY

This report provides advice on the recent Request for Quotation for Contract YVC - IA - 14 – 2021, Supply and Delivery of a 14 tonne Commercial Waste Collection truck.

RESOLVED that :

1. The quote submitted by Isuzu Australia Pty Ltd + Superior Pak under the Contract YVC – IA – 14 – 2021 be accepted for a total cost of $267,360 ex GST.

2. A future report be provided to Council to determine the best funding model once the vehicle is due for delivery in 6 to 9 months.

(Turner/Furry) 246

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

AGAINST: Nil

13.6 Yass Water Treatment Plant Upgrade: Stage 1 Construction - Project Management Support

SUMMARY

This report provides information on the project management support required for the Yass Water Treatment Plant Upgrade Stage 1 Construction.

RESOLVED that engagement of Hunter H2O for design and business case development be retained and include project management service for Yass Water Treatment Plant Upgrade: Stage 1 Construction for a fee of $325,827.60 (GST inclusive).

(Furry/Harker) 247

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

AGAINST: Nil

SALE OF LAND FOR UNPAID RATES

A discussion was held in relation to the upcoming Auction on 17 November 2021, for the sale of land for unpaid rates. Properties to bid on were discussed and further information out of session is to be circulated to Councillors on the process of Council auctioning the properties for unpaid rates and making a bid on purchasing the properties.

RESOLVED that the meeting move into Open Council.

(Furry/Harker) 248

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

AGAINST: Nil

Open Council resumed at 7.45 pm.

RESOLVED that the recommendations in Closed Council be adopted.

(Burgess/McManus) 249

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

AGAINST: Nil

The meeting closed at 7.46 pm.

Ordinary Council Meeting 1 December 2021

6.1 Victoria Park Masterplan

SUMMARY

To present the outcomes of the consultation for the draft Victoria Park Masterplan.

RECOMMENDATION

That the Victoria Park Masterplan be adopted and it form the basis of a Plan of Management under the Crown Land Management Act 2016 and Local Government Act 1993

Financial IMPLICATIONS

Funding was provided by NSW Crown Lands to support Council’s preparation of Plans of Management (POM). As a Masterplan will be used to inform the POM for Victoria Park it was agreed that the funding could be used for this purpose.

POlicy & Legislation

· Crown Lands Management Act 2016

· Local Government Act 1993

· Yass Valley Community Engagement Strategy

REPORT

1. Background

In July 2021 Council considered the draft masterplan for Victoria Park and determined to place it on public exhibition. It was prepared by landscape architects with input from internal Council stakeholders, the contract Caravan Park Managers, and key user groups including Yass Rams Rugby (Seniors and Juniors), Yass Cricket (Seniors and Juniors), Hume Tennis, Spinifex Tennis, Yass High School and Yass Little Athletics.

2. Public Exhibition & Submissions

Due to COVID-19 restrictions the planned consultation format (including drop-in sessions) had to be abandoned. However, the plan was still widely shared through printed posters placed around the park/riverbank paths as well as through Council’s website and social media from 30 August to 1 October 2021.

Ten submissions were received from individuals and on behalf of sporting groups (refer Attachment A). The issues raised and the responses are summarised as follows. In addition, there were suggestions about general inclusions or editing in the draft masterplan, most of which have been accommodated.

2.1 Dog Park Improvements

A few submissions suggested improvements to the dog park, including provision of water, formalising the entry gate surface, solar lighting for afterhours use, improved drainage and shade structures. These submissions have all been incorporated into the masterplan, recognising that long term drainage improvements will need to be designed and undertaken in conjunction with the pool development.

There was a suggestion to add an additional entry gate at the southern end of the Dog Park, however this is not supported as it increases the risk of dogs escaping especially if the gate is left open.

One submission raised the lack of new toilet amenities in proximity to the skate and dog park. While it is acknowledged that would be more convenient for users of those facilities, the existing toilets adjacent to the oval are already open 24 hours. The increased cost of cleaning and maintenance (especially due to vandalism) of another facility nearby is not financially viable.

2.2 Skate Park Improvements

One of the submissions queried what improvements are proposed for the skatepark/teen play area. The draft proposed two new basketball courts, however potential improvements to the skate park were further refined through the consultation process.

A meeting was held with a representative on behalf of skate park users, which outlined some limitations of the current skate park and some suggested solutions. At present the design at Victoria Park does not cater for beginners or younger users, which can also lead to some conflicts and safety issues where more experienced or skilled users may collide or need to avoid those less experienced. A solution was suggested where an addition could be added to the southern edge of the existing skate park with handrails and lower slopes/grades. A similar project has been undertaken recently at Tumut.

A concept plan was submitted, and it was agreed that the solution and proposed location could be incorporated into the masterplan.

2.3 JA Allen Oval and Proposed Lookout

The Yass District Cricket Association agree with the proposed realignment of JA Allen Oval synthetic wicket, and support the orientation being within the recommended 10-15 degrees east of north to minimise impact of the sun on players. It also noted that any upgrade should include the current outfield to improve the hard and uneven surface.

The risk was raised of vehicular traffic using the Grampian Street entrance from cricket balls, footballs or even participants finding their way down the slope and into the path of oncoming vehicles which needs to be managed. It is proposed that ball stop fencing be installed at the bottom of this slope to reduce this conflict.

The proposed lookout at the south-western corner of JA Allen Oval was questioned. The rationale behind this is that it is a higher vantage point providing views over Yass and as the lack of shelter in the immediate area was also raised, a roofed structure can be provided over it as well.

The lack of access to drinking water nearby was raised, and the provision of a drinking fountain near the proposed shelter would benefit both users and spectators.

The issue of removal of the chain wire fencing between JA Oval and the main oval was raised as it prevents organisations from limiting entry should they wish to hold paid admission events e.g. football finals, concerts. The dual car entry points (Grampian Street and Laidlaw Street) may also present difficulties. Access and connectivity within Victoria Park is an objective of the masterplan, and these events are rare. As an alternative, organisations could ensure that volunteers are stationed at locations where people are most likely to enter.

2.4 Oval Improvements

A number of submissions sought clarification as to whether the six lane athletics track would be retained, and the masterplan has been revised to make it clear that it will be.

One of the submissions suggested conversion of the caravan park amenities building for additional change facilities or storage, particularly to cater for both male and female change facilities, and junior teams using JA Oval. This arrangement could present potential user conflicts (e.g. on weekends) as well as creating security issues. The need for additional change facilities had already been identified by Council, and an additional building is proposed to be located to the north of the current amenities building in the vicinity of the existing shipping container for this purpose, which is shown on the masterplan.

Concerns were raised regarding the proposed orientation of cricket practice nets include increased risk of damage to cars in proposed new carpark to the east, length of bowler run up (possibly too short), continued problem of shade and leaf drop from trees to the west. The suggestion of rotating nets slightly to the west to direct balls toward oval and away from cars to resolve this issue has been incorporated into the masterplan along with an additional electrical connection (for automatic bowling machine) and a drinking water tap.

Concerns that the 10m clearance proposed between the two rugby fields is limited for cricket set up (including line marking) and a risk this could be further reduced if additional space is required around the amenities building. It is noted that this separation should not be further reduced.

There was also a request for a clubhouse for viewing and functions, on top of the ground floor of the existing amenities building. This suggestion has not been incorporated, in part due to most sporting groups having existing sponsorship arrangements in place with hotels or clubs for social events. Locating a clubhouse on the first floor would also require reinforcement of the existing building and disability access to be provided which would likely make any proposal not financially viable.

Drainage around the centre wicket area of the oval has been raised, including the ability to take water away from the playing surface quickly when removing the cricket pitch covers. Detailed drainage design can be incorporated into any construction design of improvements to the oval.

2.5 Traffic and Parking

Submissions raised the formalisation of parking, vehicle and pedestrian access around the site and that it will restrict where vehicles can park. Users will be able to park near the cricket practice nets, pool, skatepark, dogpark, basketball and tennis courts. The longest distance from the nearest carpark will be to the amenities/canteen (approximately 70m). This distance is considered reasonable provided an accessible path of travel is provided. Furthermore, the two car spaces (in addition to the two disabled parking spaces) opposite Triggs Gates could be used as a short term parking/drop off area for canteen or equipment deliveries. The ovals will retain emergency vehicle access for any injuries that occur on field.

The sizing of the proposed south carpark was mentioned, with a suggestion of an additional centre row of parking or expansion further towards the tennis courts This suggestion was not supported as expansion towards the tennis club would mean removing the proposed playground, and an additional centre row would affect the pool and/or oval redevelopments.

There was concern that the slip lane off Laidlaw Street could create a traffic problem if there is any sort of queuing that flows back onto Laidlaw Street, however the slip lane is intended for buses only, with passenger vehicles directly accessing either the southern or eastern carparks.

The issue of spectator viewing from cars was raised with the proposed oval configuration, however car parking is proposed to the east of the main oval, new sheltered seating and carparking to the south and the amenities building to the west will offer a range of spectator options, in a safer and more formalised arrangement.

In response to feedback from Council’s Road Safety Officer, the proposed flow of traffic from Grampian Street through the upgraded carpark at Victoria Park east through to the school and the school carpark has been amended to provide two-way traffic flow from the car park utilised by the High School.

2.7 Riverbank Riparian Area

Concern was raised that any rapid environmental restoration of the riverbank area may threaten species which utilise the habitat particularly understorey vegetation. This concern is noted, and any restoration will need to be planned and staged with the assistance/input of Council and Yass Landcare. Preparation of a riverbank flora and fauna management plan has been included as an action within the implementation plan.

2.8 Tennis Courts

Storage needs for the tennis clubs were raised and as such a small extension to the existing tennis building is shown to address this.

A submission raised the need to have careful consideration of tree plantings in proximity to the tennis courts. This was also raised at the workshop with user groups and while no new trees are proposed, managing existing trees and potential damage from them is acknowledged as an ongoing issue, with a notation that tree root barriers could be installed to reduce damage to the courts.

2.9 Opportunity to rename Victoria Park

The emphasis of Connection to Country in the masterplan was noted in one submission, and it was suggested that Council consider renaming Victoria Park with a Ngunnawal name. This suggestion recognises the Traditional Owners of the land within the Yass Valley and acknowledges the generic use of the term ‘Victoria’, applied to many parks, streets, suburbs and buildings built during the reign of Queen Victoria and that it is not unique to Yass. Rather than incorporating this in the masterplan, this suggestion should be forwarded to the new Aboriginal Advisory Committee and Council.

3. Conclusion

The draft masterplan has been amended to incorporate the feedback from user groups and the wider community at Attachment B. The resultant plan will form the basis of the Plan of Management required under the Local Government Act 1993 and Crown Land Management Act 2016. The projects and works identified within the plan will also support grant applications under the Crown Reserves Improvement Fund.

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 - Complete the Victoria Park Masterplan

ATTACHMENTS: a. Final Masterplan (Under Separate Cover) ⇨

b. Submissions ⇩

Ordinary Council Meeting 1 December 2021

6.4 Development Consent No 2000049 - 101 Lot Subdivision, Isabel Drive, Murrumabteman

Summary

To present the assessment of a request to modify Development Consent DA200049 for 101 lot subdivision at Isabel Drive, Murrumbateman. The request attracted two new submissions and relevant concerns can be addressed by conditions. Approval is recommended.

Recommendation

That:

1. Development Consent DA200049D be modified for the 101 lot subdivision at Lot 1 DP 1257138, Isabel Drive, Murrumbateman

2. That the roundabout construction be bonded to enable the release of Subdivision Certificate. The roundabout is to be constructed within 12 months of the date of Subdivision Certificate, unless otherwise agreed to

3. The area including the shared path between the new road and Colonial Place is to be a separate open space lot and included in the Voluntary Planning Agreement for open space within the subdivision

4. The draft Voluntary Planning Agreement be amended to include this separate open space lot and be placed on public exhibition in accordance with the Environmental Planning & Assessment Act 1979 and adopted if not significant submissions are received

5. Upon dedication to Council the open space lot be classified as Community Land under the Local Government Act 1993

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

· Local Government Act 1993

· Roads Act 1993

· Yass Valley Local Environmental Plan 2013

· Road Standards Policy

· Application Assessment & Decision Making Policy

· Development Consent DA200049D

REPORT

1. Application Details

Date Received	-	7 September 2021
Land	-	Lot 1 DP 1257138, Isabel Drive, Murrumbateman
Area	-	99.55ha
Zoning	-	R2 Low Density Residential & R5 Large Lot Residential

2. Site Description and Locality

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

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.

Under the Yass Valley LEP 2013 the eastern portion is zoned R2 Low Density Residential with minimum lot size of 6,500m² and the western portion is zoned R5 Large Lot Residential with a minimum lot size of 1ha.

Subdivision works are currently occurring with the construction of roads underway.

A Locality Plan is included in Attachment A.

3. Proposal

In September 2020 Development Consent was granted for the 101 lot subdivision (refer Attachment B). The subdivision included the creation of open space along the creek, with Council in December 2020 resolving to accept the open space through a Voluntary Planning Agreement (VPA).

The submitted modification application involves the following changes:

· Consolidation of approved Lots 186, 187 and 188 into a single lot

· Splitting each of Lots 129 and 159 into two

· Changing the proposed extension of Colonial Place from a local road to shared path only

· Deferring construction of the roundabout to allow consideration of an alternative location and allow release of the Subdivision Certificate

Details of the proposed modification are included in Attachment C.

4. Public Exhibition

Public exhibition included notification to persons who had previously made a submission on this Development Application.

There were two new submissions received in relation to the modification (refer Attachment D). However, the original Development Application attracted 65 submissions and there are issues that were raised in those submissions which remain relevant to changes now proposed in the modification application. The issues raised in new and previous submissions relevant to the modification include:

· Access and road network – McIntosh Circuit roundabout

· Colonial Place connection

· Stormwater drainage – Colonial Place

5. Assessment

An assessment of the proposal has been completed in accordance with the Planning Legislation. The proposal generally complies with the relevant planning controls, policies and guidelines.

The following planning issues have been identified including the response to the issues raised in submissions.

5.1 Access and Road Network – McIntosh Circuit Roundabout

The existing consent requires the construction of a roundabout at the intersection of McIntosh Circuit and the new road (north of Isabel Drive). The Applicant has requested that the roundabout construction be bonded to allow the reconsideration of the location i.e. whether construction at intersection of McIntosh Circuit and Isabel Drive may be more appropriate.

Another Development Application has recently been lodged by the Applicant for a 27 lot subdivision on corner of McIntosh Circuit and Isabel Drive. At time of writing this report, the assessment and public exhibition of this application had not commenced.

The intersection with McIntosh Circuit was a significant issue raised in submissions on the original Development Application and the construction of the roundabout was a Consent condition. A submission received for the modification also stated that traffic on McIntosh Circuit has become very bad due to the construction works and they would strongly object to anything that delayed planned traffic calming measures. Another submission objected to construction being deferred as they were concerned it would never happen.

Any bond lodged by the Applicant for the work would be for 150% of the value of the roundabout construction. This would allow the Subdivision Certificate to be issued (i.e. creating the new lots) and the roundabout construction required within 12 months, unless otherwise agreed to.

The use of a bond is considered appropriate in the context of the approved and proposed subdivisions to ensure a suitable location for the roundabout.

5.2 Colonial Place Connection

The approved subdivision has a road connection into Colonial Place and provision for this connection had been made in the Carrington Park subdivision. The Applicant has requested that the road connection into Colonial Place be deleted in favour of a shared path. The civil works has identified that the soil conditions at this location will potentially present an issue for ongoing maintenance of the road.

The road connection into Colonial Place is not essential as the connections to Isabel Drive and McIntosh Circuit are likely to be the primary routes. Based on the submissions received on the original Development Application and a submission received for the modification, it is considered that the shared path would be preferred by residents in Carrington Park Estate as this removes any through traffic.

It is now also proposed to include a stormwater detention basin within the shared path which was originally located in the adjoining lot. The stormwater detention basin is designed for temporary detention rather than as a pond or dam that holds water on a semi-permanent basis. It is shallow and designed so that it could be slashed minimising the maintenance liability. The nature of the detention basin does not require fencing or lifesaving safety equipment.

It is recommended that the proposed change be supported subject to:

· The area be created as a separate lot rather than road reserve and is to be dedicated to Council as open space. Upon dedication the open space lot is to be classified as Community Land under the Local Government Act 1993

· The area is added into the open space proposed to be dedicated to Council through the Voluntary Planning Agreement. This requires maintenance responsibilities for the Developer for the first five years

· Revised engineering details are submitted for approval which detail how the design of the stormwater detention pond prevents the risk of scouring out the shared path when it overflows

5.3 Change to Lot Layout

The following changes to the lot layout are proposed:

· Consolidation of approved Lots 186, 187 and 188 into a single lot

· Splitting each of Lots 129 and 159 into two

There are no issues associated with the amalgamation of approved Lots 186, 187 and 188 into a single lot.

It is important to note that the size of Lot 129 was increased from the first version of the subdivision layout submitted with the Development Application in 2020. This was in response to concerns raised in submissions relating to the management of overland stormwater across the subdivision. In response the Applicant had proposed to amalgamate these lots to better address stormwater outcomes and drainage back to McClungs Creek.

The Applicant has indicated that the stormwater design approved in the Subdivision Works Certificate reflects the proposed change with the splitting of these lots. However, this is not entirely the case and revised stormwater design details would need to be provided.

The proposed lot layout changes do not change the number of lots nor result in any adverse planning outcomes. This can be supported, subject to amended conditions requiring revised stormwater design details to ensure stormwater outcomes are achieved.

5.4 Stormwater Damage – Colonial Place

Concern has been raised in a submission that stormwater runoff from the subdivision construction works is causing damage to the drainage swales and the edge of road pavement in Colonial Place. This issue has been previously raised and investigations suggested that it was existing stormwater arrangements from the top of Colonial Place that were resulting in the damage to the drainage swales, rather than the subdivision. However, this will be reviewed again by Council.

6. Conclusion

From the assessment of the proposal and consideration of issues raised in submissions, it is recommended that the Development Consent be modified. Draft conditions are included in Attachment E.

Strategic Direction

Theme 1. – Our Environment

Long Term Goal EN4 – Maintain a balance between growth, development and environmental protection through sensible planning

Strategy EN4.2 – Ensure development application assessment is thorough and efficient

Strategic Action EN4.2.1 – Implement the development process and implement changes aligning with the NSW Government’s best practice guidelines.

ATTACHMENTS: a. Locality Plan ⇩

b. Approved Plan of Subdivision ⇩

c. Proposed Modification Supporting Details ⇩

d. Submissions ⇩

e. Draft Modified Conditions ⇩

Ordinary Council Meeting 1 December 2021

6.5 Development Consent No DA175279 - Preschool, 37 Church Street, Yass

Summary

To present the assessment of a request to modify Development Consent No DA175279 for a preschool at 37 Church Street, Yass. The request attracted five submissions and it involves a proposed variation to Council’s Offstreet Carparking Policy. Relevant concerns can be addressed by conditions. Approval is recommended.

Recommendation

That Development Consent No DA175279 be modified for a preschool at 37 Church Street, Yass. The modified Development Consent is to remain under a deferred commencement subject to contamination investigations being undertaken

FINANCIAL IMPLICATIONS

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

POLICY & LEGISLATION

· Environmental Planning & Assessment Act 1979

· Environmental Planning & Assessment Regulation 2000

· State Environmental Planning Policy (Education Establishments and Child Care Facilities) 2017

· State Environmental Planning Policy No. 55 – Remediation of Land

· Yass Valley Local Environmental Plan 2013

· NSW Childcare Planning Guideline 2017

· Guide to Traffic Generating Development

· Offstreet Carparking Policy

· Application Assessment and Decision Making Policy

· Yass Floodplain Risk Management Study and Plan 2021

· Community Engagement Strategy

· Local Government Act 1993

· Roads Act 1993

REPORT

1. Application Details

Date Received	-	30 August 2021
Land	-	Lot 12 DP 603281, 37 Church Street, Yass
Area	-	3,400m²
Zoning	-	R1 General Residential

2. Site Description and Locality

The site is located in Church Street, Yass, between Meehan and Lead Streets. It is zoned R1 General Residential and it is an area characterised by mainly residential development, however is at the zone interface with the Soldier’s Club carpark adjoining at the rear.

The site has fall from the Church Street and backs onto Chinaman’s Creek at the rear. Until recently the site had a derelict building that had historically been used as a cordial factory, but that has since been demolished. There are some established trees on the site, mainly towards the rear. Some trees have been removed around time of the demolition.

A Locality Plan is included in Attachment A.

3. Proposal

In 2018 Development Consent was granted for the conversion of the derelict cordial factory building to a preschool with a maximum of 45 children.

The modification application now involves the construction of new buildings (as the former cordial factory building has since been demolished) and increasing the maximum number of children to 90.

Details of the proposal are included in Attachment B.

4. Public Exhibition

Public exhibition included notice to 19 adjoining and nearby landowners and five submissions have been received (refer Attachment C).

Three of the submissions support the use of the site as a preschool but raise general issues of concern or objection. The other two submissions raise issues of concerns or is an objection.

The key issues relate to:

· Validity of application – i.e. modification vs. new DA

· Car parking and traffic

· Footpaths

· Tree removal

· Construction impacts

5. Assessment

An assessment of the proposal has been completed in accordance with the Planning Legislation. The proposal generally complies with the relevant planning controls, policies and guidelines.

The following planning issues have been identified including the response to the issues raised in submissions.

5.1 Validity of Application - Modification vs. New DA

Section 4.55(1A) Environmental Planning & Assessment Act 1979 allows for modifications to Development Consents where it ‘substantially the same development’.

One of the submissions suggest that the application should not be considered as a modification, rather a new Development Application should be lodged given the extent of the changes and the doubling of the number of students – i.e. not minor environmental impact nor substantially the same development.

The modification application has been lodged pursuant to s4.55(1A) of the Act which is for modifications involving minimal environmental impacts. A review has indicated that the modification application is more appropriately considered pursuant to s4.55(2) of the Act which allows for other modifications. This is due to the proposed modification doubling the number of children and proposes to construct new buildings on site rather than repurposing the existing building. However, it is considered the proposed development remains substantially the same in that it is for the purposes of a preschool.

5.2 Car Parking and Traffic

Concern has been raised in the submissions in relation to car parking and traffic, including:

· The blind crest in Church Street and the potential for more collisions, especially if cars are backed up attempting to turn right across Church Street into the preschool

· Speed limit – suggestion to drop to 40km/hr

· Suggestions that single driveway may be a conflict point and a drive through car park which has a separate entry and exit may be safer

· Movement of staff not detailed in Statement of Environmental Effects

· Number of car parks not adequate

· Unreasonable for the road verge to be used for any drop off or short term parking, especially with the camber on Church Street

· Carpark design appears to be too tight to enable manoeuvring

· Suggestion for ‘no right turn’ when exiting the driveway into Church Street

· Safe pedestrian access into the building is not provided

· Centreline on Church Street should be implemented

· Does not appear to be suitable fire and ambulance access

· Suggestion that Church Street should have a centreline marked

The NSW Child Care Planning Guideline 2017 recommends that Applicants prepare a Traffic and Parking Study, however this has not been provided with the application.

Car Parking Numbers

Council’s Offstreet Carparking Policy requires one car space to be provided for every four children. This policy is based on the Transport for NSW’s Guide to Traffic Generating Developments and is mostly consistent with the NSW Child Care Planning Guideline (except if the site is in an area which is well connected to public transport or there is sufficient on street or other parking appropriately provided in area, the numbers can be reduced).

Based on 90 children there would need to be 23 on site car spaces provided. The Applicant proposes to provide 18 car spaces and has requested Council consider a variation to the policy (refer Attachment D) given the site constraints and costs of constructing the carpark.

The Applicant’s justification states that the 90 children capacity would not be reached for at least six years. However, in assessing the application, the car space number must be considered on the maximum number of children proposed. The Applicant could reduce their proposed maximum number of children to 72 and this would then comply with the policy. It is understood that this would be problematic with external grant funding for the preschool which is requiring 90 places to be provided.

The Applicant has requested consideration of use of the Atherfield public carpark for the five additional car spaces, noting intended beautification works along Chinamans Creek and the potential to construct a footbridge to access the site. The is generally not suitable in context of considering this application given there are no certain plans relating to the beautification works or whether foot bridge would be feasible.

The Applicant has also proposed to stagger the start time of classes to manage the number of cars arriving at any one time. This is considered a practical measure for managing car parking, however there is difficulty is in ensuring that this occurs in perpetuity.

It is likely that without sufficient car spaces being provided on site it will result in parking on the street. Whilst there is sufficient width in Church Street for on street parking, it is not currently line marked, and has a relatively high camber towards the edge of the street. Council has also previously supported a variation of five car spaces for a 100 place child care centre at 116 Rossi Street (Development Application DA145133).

If Council were to support the proposed variation it would be recommended that the deficit is made up by formalising on street parking on the preschool side of the street and applying the following conditions:

· That Church Street be line marked between Meehan and Lead Street

· That the on street parallel car spaces be line marked on the preschool side of Church Street

· Footpath to be constructed along the length of Church Street to the existing footpaths on Lead and Meehan Streets providing connectivity back to existing car parks and promoting active transport

· The internal car park is to be no right turn when coming out the driveway onto Church Street

Concerns have also been raised that the car park design may not have sufficient space to enable manoeuvring of vehicles. Draft conditions require engineering drawings to be submitted demonstrating that the car park has been designed in accordance with the relevant standards prior to the issue of a Construction Certificate.

Speed Limit

The submissions request that the speed limit be permanently reduced to 40km/h or a ‘school zone’ be introduced in this part of Church Street.

Council cannot reduce the speed limit through conditions of consent as speed limits are determined by Transport for NSW via the Traffic Committee and school zones are used for primary and secondary schools. A reduction in speed limit is not considered to be warranted noting the measures such as line marking and no right turn out of the site that will be required.

Church Street Footpath

The submissions note that there has been no mention of pedestrian traffic which is likely to increase in Church Street and that the verge at the site is currently blocked with the construction fence. One submission then also outlines concerns relating to changes in overland water flows if a footpath was to be constructed to the intersection of Church and Meehan Street.

The existing conditions of the Development Consent require a 1.5m wide footpath to be constructed immediately outside the subject land. It is proposed that this requirement be increased given the variation to onsite car parking, with the footpath being constructed for the length of Church Street between Meehan and Lead Streets.

The draft conditions require engineering drawings for the footpath to be submitted. This will need to detail how overland flow will work including impacts on adjoining properties.

Carpark Pedestrian Areas

Concern is raised in the submissions that there is not safe pedestrian access to the buildings from the car park. The NSW Child Care Planning Guideline promotes suitable design solutions in relation to internal car parks and pedestrian movement. Draft conditions can require the car park design drawings that are submitted prior to Construction Certificate to address the design principles from the Guideline, including:

· Separate pedestrian access from the car park to the facility

· Defined pedestrian crossings included within large car parking areas

· Separate pedestrian and vehicle entries from the street for parents, children and visitors

· Pedestrian paths that enable two prams to pass each other

· Delivery and loading areas located away from the main pedestrian access to the building and in clearly designated, separate facilities

· Child safe fence to separate car parking areas from the building entrance and play

Furthermore, conditions in any consent can require the internal car parks to be rear to kerb only with appropriate signs in place to further reduce risks.

5.3 Tree Removal and Landscaping

Concern has been raised that further tree removal may be required. A tree removal plan identified that five mature trees towards the rear boundary need to be removed. The trees proposed to be removed do not have high habitat value but are likely to be providing stability to the creek banks. The Applicant will need to provide a soil and erosion management plan prior to Construction Certificate which details how erosion will be managed around the tree removal and construction, and how the area will be suitability rehabilitated so that is stabilised.

The submissions also suggest that the removal of more trees and construction of building and hard stand areas such as the car park may increase temperatures in the immediate area i.e. the ‘heat island effect’. This is acknowledged and the Applicant has provided details of areas landscaping to be undertaken on the site.

The proposed landscaping is mainly behind the building line with the car park presenting to the street. The location of the car park near the front boundary has left limited opportunity for landscaping noting that Church Street is within the Heritage Conversation Area. The NSW Child Care Planning Guideline makes design recommendations that should be taken into consideration to incorporate car parking into the landscaping design of the site:

· Planting shade trees in large car parking areas to create a cool outdoor environment and reduce summer heat radiating into buildings

· Taking into account streetscape, local character and context when siting car parking areas within the front setback

· Using low level landscaping to soften and screen parking areas

An assessment shows that these design guidelines are not currently being achieved and the car park is not well incorporated into the landscaping design, noting that the design has been driven partly by the number of required car spaces and the fall of the site. It is recommended that a landscape plan be prepared by a suitably experienced person prior to the issue of a Construction Certificate. This should be prepared in conjunction with the final car park design and include landscaping at the front and potentially street trees with allowances for the footpath.

5.4 Construction Impacts

Concern has been raised in relation to construction impacts noting another Development Application currently under consideration for three seniors housing dwellings at APEX on the corner of Meehan and Church Streets. It is considered that conditions relating to construction hours are suitable to address these impacts for any approval that may issue.

5.5 Site Contamination Investigations

The Development Consent was issued as a deferred commencement and a site investigation report in relation to the potential for contamination. Council must consider whether the land is contaminated and whether it is suitable for use as a preschool under State Environmental Planning Policy No. 55 – Remediation of Land and State Environmental Planning (Education Establishments and Childcare Facilities) 2017. Any modified Development Consent should be a deferred commencement and require the contamination investigation to be undertaken.

5.6 Flood Affectation

The original proposal was assessed under the Yass Flood Study 2016 with the location of the development being outside the 1% AEP (i.e. 1 in 100 year) flood event. This satisfied the flood planning controls at that time.

The Yass Floodplain Risk Management Study & Plan 2021 has now been adopted and provides detailed flood planning controls. Under this plan the lower part of the site is still identified as being affected by 1% AEP event. The flood planning controls require the floor level to be at least 500mm above the 1% AEP event. It has been confirmed that this level is achieved. It also requires a Flood Safe Plan and Site Emergency Response Plan to be prepared. This can be included in the modified conditions.

The car spaces at the bottom of the site may not strictly meet the required surface level above the flood level. However, an appropriate approach would be for the surface level of these car parks to be as high as practical and evacuation of cars be an item included in the Flood Safe Plan and Site Emergency Response Plan.

5.7 Water and Sewer Headwork Contributions

Additional water and sewer headwork contributions are payable in relation to the increase in children from 45 to 90. A revised headwork contribution is based on the determination by Council at the February 2010 meeting that the Montessori Preschool (at 262A Comur Street) was more akin to a Primary School than a Childcare Centre/Preschool and as such the lower rate per child should be used for the calculation. The calculation provides a credit (2.83ET for water and 1ET for sewer) based on the previous use of the site being a cordial factory.

6 Conclusion

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

Strategic Direction

Theme 1. – Our Environment

Long Term Goal EN4 – Maintain a balance between growth, development and environmental protection through sensible planning

Strategy EN4.2 – Ensure development application assessment is thorough and efficient

Strategic Action EN4.2.1 – Implement the development process and implement changes aligning with the NSW Government’s best practice guidelines.

ATTACHMENTS: a. Locality and Notification Plan ⇩

b. Plans and Supporting Documents (Under Separate Cover) ⇨

c. Submissions ⇩

d. Applicant Request to Vary Carparking Policy ⇩

e. Draft Modified Conditions ⇩

Ordinary Council Meeting 1 December 2021

6.6 Development Application DA200091 - Eroision Gully Rehabilitation and importation of material - 64 Brooklands Road, Wallaroo

Summary

To present the assessment of Development Application No DA200091 for erosion gully rehabilitation including importation of 42,000m³ of material at 64 Brooklands Road, Wallaroo. The application attracted a total of 23 submissions and relevant concerns can be addressed via conditions. Approval is recommended.

Recommendation

That conditional Development Consent be issued for Development Application No DA200091 for erosion gully rehabilitation including importation of 42,000m³ of material at 64 Brooklands Road, Wallaroo

FINANCIAL IMPLICATIONS

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

POLICY & LEGISLATION

· Environmental Planning & Assessment Act 1979

· Environmental Planning & Assessment Regulation 2000

· Protection of the Environment Operations Act 1997

· Protection of the Environment Operation (Waste) Regulation 2014

· Water Management Act 2000

· Biodiversity Conversation Act 2016

· Yass Valley Local Environmental Plan 2013

· Resource Recovery Exemption – Excavated Natural Material Exemption 2014

· Resource Recovery Order – Excavated Natural Material Order 2014

· Resource Recover Exemption – Reclaimed Asphalt Pavement 2014

· Resource Recovery Order – Reclaimed Asphalt Pavement 2021

· Yass Valley Heavy Haulage Section 94 Contributions Plan 2006

· Yass Valley Heavy Haulage Development Contributions Plan 2021

· Enforcement Policy

· Filling Policy

· Community Engagement Strategy

REPORT

1. Application Details

Date Received	-	21 May 2020
Land	-	Lot 6 DP 1261120, 64 Brooklands Road, Wallaroo
Area	-	24ha
Zoning	-	RU1 Primary Production

2. Site Description and Locality

The subject site is located on Brooklands Road, Wallaroo, just west of the intersection with Southwell Road. The surrounding area is rural and rural lifestyle, with a mix of holdings and property sizes. Land uses relate to both agricultural activities and rural lifestyle, including wineries, an olive grove, and residential dwellings. The Murrumbidgee River is located approximately 3km to the west.

The erosion gully dissects a large part of the lot. It includes the head of the erosion gully which then extends into the adjoining 66 Brooklands Road and further downstream. The site does not currently contain a dwelling house or any significant buildings. Access is via a driveway on Brooklands Road.

A Locality Plan is included in Attachment A.

3. Proposal

The application involves the rehabilitation of an erosion gully and the construction of an internal access road, including the importation of up to 42,000m³ of material.

A similar Development Application DA200109 at the adjoining 66 Brooklands Road which included the importation of up to 8,000m³ was approved by Council at its meeting in March 2021. It should be noted that the two applications were lodged within a fortnight of each other, exhibited concurrently and involve the same gully.

Details of the proposal are included in Attachment B.

4. Public Exhibition

The application was notified to landowners surrounding the subject land and with direct frontage to Southwell Road and Wallaroo Road on the transport route.

There were 17 submissions received, generally raising concerns or objection however a small number of submissions state in principle support but note concerns or qualified support with conditions

A Planning Forum was held in February 2021 to provide an opportunity for submitters and the Applicant to address Councillors prior to further formal consideration of the proposal. This occurred via Zoom with five presentations including the Applicant.

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

· Inconsistent references to subject land in documents

· Purpose of project, methodology and alternatives

· Volume of material

· Truck movements and transport route

· Noise and amenity impacts

· Road standards and safety

· Road impacts and heavy haulage contributions

· Internal access road

· Consent conditions and monitoring

· Material quality

· Downstream water flows

· Ongoing filling activities in Wallaroo

Additional information was also exhibited to those who had previously made submissions with opportunity for further comment. There were six supplementary submissions received, including five raising concerns or objections (one contained a noise impact assessment), and one stating that they had no further objection provided the project did not have a detrimental impact on the environment.

One submission stated that they had not received written notice of the application despite being in immediate locality. This property did not receive written notice due to their subdivision having recently been completed and title details changing, which had not updated in the mapping system used to generate application notifications.

All submissions are included as Attachment C.

5. Referrals

The application was referred to the Natural Resources Access Regulator (NRAR) as integrated development as the work being undertaken is in a watercourse for the purposes of the Water Management Act 2000. NRAR have provided their general terms of approval (refer Attachment D).

6. Assessment

An assessment of the proposal has been completed in accordance with the Planning Legislation. The proposal generally complies with the relevant planning controls, policies and guidelines.

The following planning issues have been identified including the response to the issues raised in submissions.

6.1 Subject Land

The submissions state that the subject land is inconsistently identified in the supporting documents, including being referred to as both 64 Brooklands Road and 110 Southwell Road, along with different lot and DP numbers.

The land has been subject to a subdivision which was registered in April 2020. Some of the supporting documents appear to have been prepared prior to the subdivision being completed and therefore refer to the previous details.

The subject land is Lot 6 DP 1261120, 64 Brooklands Road.

6.2 Purpose of Project, Methodology and Alternatives

The purpose of the project and the adopted methodology has been questioned in the submissions, including suggestions that:

· The proposed filling is unnecessary and there may be other methods to manage or rehabilitate the erosion gully

· It is primarily for the purposes of disposing of development material from the ACT (i.e. financially motivated)

· There are questionable environmental benefits

The application states that the purpose of the gully rehabilitation is to improve environmental outcomes, outlining that there are major areas of ongoing active erosion. The project justification is that the rehabilitation will be beneficial to downstream environments, reducing the sediment and nutrient load that enters the watercourse, and improve agricultural productivity and management.

The report also notes that soil erosion control earthworks completed by the then Soil Conservation Service attempted to stabilise the site to divert flows from the gully head, however there are areas that remain active. Submissions also suggest that it is the landowner’s own actions, including works to the dam and farm management practices, which have exacerbated the erosion issue.

Questions were raised in the submissions about the methodology, whether alternative options are available and suggest that the proposed method appeared inconsistent with the Local Land Services’ Gully Erosion Assessment & Control Guide.

The rehabilitation plan considers the effectiveness of other options, recommending that the upgrade of existing permanent erosion control earthworks in conjunction with areas of filling. The earthworks include extension of existing diversion banks and installation of a rock rip rap structure to return concentrated flows back to the gully without causing erosion. The entirety of the gullies will not be filled, rather it is primarily the areas upstream of the dam.

The other options considered in the rehabilitation plan include:

· Continue existing land management (do nothing)

· Fence, destock and revegetate

· Upgrade Erosion Control Earthworks (no gully filling)

The upgrade of erosion control earthworks with no gully filling could also be an option which results in a net improvement in environmental outcomes and a reduction in sediment leaving the site. This has not been recommended as the preferred option due to the extent of upgrade to the erosion control earthworks and a net adverse impact on farm productivity as a result of capital cost, ongoing maintenance, and that it will not alleviate the farm management issues presented by the eroded area.

Concern was also raised that the effectiveness of this project cannot be ensured unless suitable steps for long-term stabilisation are also undertaken. The rehabilitation plan recommends a staged approach with each gully cell progressively rehabilitated, and with all fill areas covered in top soil, fertilised and seeded on completion. The area downstream of the dam which is not being filled is proposed to be fenced out and destocked to prevent further erosion.

The methodology is similar to previous proposals considered by Council. Conditions of any approval that may issue can require a statement from an appropriate person (with qualification and knowledge in soil conservation practices) confirming that each stage of rehabilitation has been completed in accordance with the rehabilitation plan.

It is also considered appropriate rehabilitation of the erosion at 64 Brooklands Road will have downstream benefit at 66 Brooklands Road and overall improving the outcomes of that project.

The supporting documentation notes that Canberra construction companies will contribute financially to the project. Any direct commercial or financial incentives are not a valid planning consideration.

In terms of the characterisation of the proposal under the LEP, it is considered that the proposal is filling/earthworks for the purpose of ‘environmental protection works’. The area is actively eroding and the proposal is seeking to address this.

At time of writing this report, an Objector has also provided a peer review of the Applicant’s Gully Rehabilitation Plan. This report raises some concerns with the methodology and level of detailed provided however it did not have the benefit of reviewing draft conditions or the General Terms of Approval from the NRAR. The report concludes that the proposal involving filling might be feasible, however the application does not contain sufficient background information or planning detail to enable Council to grant approval. The additional detail identified would be required via any Consent conditions or the General Terms of Approval from NRAR. For any approval that may issue conditions can be further revised to reflect the author’s recommendations i.e.

· A Revised Gully Rehabilitation Plan to be submitted prior to the commencement of works addressing the specific issues, including how soil chemistry will be managed, measures to be put in place to prevent erosion of the diversion banks, and details whether repairs to existing diversion bank are necessary

· Engineering design details and calculations are to be provided prior to the commencement of works for then proposed rock/concrete flume and diversion banks

The General Terms of Approval from NRAR require the following to be submitted to them the Controlled Activity Approval application:

· A sediment and erosion control plan to be prepared in accordance with Landcom 2004 and submitted to them as part of the Controlled Activity Approval

· A Construction Environmental Management Plan, including monitoring

· A revegetation plan

In this regard, this level of detail is not required to determine the Development Application given that NRAR have issued General Terms of Approval without it and require it with the Controlled Activity Approval application. This is consistent with consideration of similar proposals.

6.3 Volume of Material

The volume of material required to complete the project has been calculated by survey at approximately 42,000m³ (63,000 tonnes).

In the submissions received it was highlighted that a note on the survey plan indicates that it had not been confirmed by survey. It is understood that this statement is a standard disclaimer note on the plan which the survey had been laid over for illustrative purposes. However, the Applicant’s surveyor has stated that the contours were derived by survey and are of the current surface requiring rehabilitation. Upon receipt of the Gully Rehabilitation Report and the defined three areas requiring filling we created an undulating finished surface level to be sympathetic with the surrounding topography and each of the specific areas had a volume calculated from the existing surface to the designed finished level.

For further clarity, Consent conditions can require the Applicant to provide an updated plan which shows the AHD level for the major contours. The volume of material imported can then be confirmed by subsequent surveys in conjunction with delivery records.

In determining DA200109 for the rehabilitation project at 66 Brooklands Road Council resolved to include a requirement for a survey to be undertaken six months from commencement of works, or at the importation of approximately 4,000m³ of material, whichever occurs first. It is suggested that this requirement be included and a requirement for survey at the completion of each of the three stages.

6.4 Truck Movements and Transport Route

The volume of material proposed to complete the erosion gully rehabilitation project is approximately 42,000m³or 63,000 tonnes.

The estimate for the number of trucks will vary depending on the configuration of the vehicles and their payloads. The supporting documentation estimates that the total number of truck movements (i.e. loads – a delivery in and out) would be 2,334, based on 27 tonne truck and dog combinations. In assessing similar applications, Council has previously adopted the assumption that all deliveries would be truck and dog combination with 33 tonne payload. The movement assumption is presented below:

Estimate @ 27t

(In and Out – 63,000t)

Estimate @ 33t

(In and Out – 63,000t)

Total Movements

2,334 movements

1,909 movements

These are estimates only and the exact number of truck movements will depend on the delivery vehicles and combinations, the bulking factor for each load, the available of source material and weather conditions. It is therefore likely that there will be periods of movement and periods of none.

The most recent traffic count data for Wallaroo Road is from 2018 at the NSW/ACT border. This was a three week count and indicated that 40% of vehicles were heavy vehicles. An earlier 2011 traffic count indicated a lower percentage of heavy vehicles.

Location	ADT	HV #	HV %
NSW/ACT Border 2018	1,284	524	40.8
NSW/ACT Border 2011	1,241	137	11

Council has generally limited movements associated with this type of project to 20 per day (i.e. loads). However, in considering DA200109 for 66 Brooklands Road, Council restricted the number of movements per day to eight. The recommendations in the noise assessment peer review is 10 movements per day. It is suggested that Council again limits movement to eight per day.

Limiting the movements to maximum of eight per day would mean that it would take in vicinity of 240-300 days at maximum haulage to complete the project, based on assumed truck and dog combinations presented above.

Eight deliveries per day would represent a 3% increase in heavy vehicle movements into Wallaroo based on the 2018 traffic count. If a maximum eight deliveries per day were included for adjoining DA200109 for 66 Brooklands Road, this would be a combined increase of 6%. The 2018 traffic count data suggests a high percentage of heavy vehicle traffic on Wallaroo Road, similar levels Kaveneys Road.

The percentage increase in heavy vehicle movements is greater closer to the development site, i.e. along Southwell Road, however the traffic count data for both Southwell Road and Brooklands Road is historic, being from 2011 and 2005.

The Traffic Impact Assessment did not provide updated traffic data. Submissions detail a manual traffic count undertaken by residents one day in March 2021 that shows heavy vehicle movements into Wallaroo are considerably less than the 2018 traffic count. However, submissions then also cite instances where there have been dozens of heavy vehicles an hour into properties on particular days. This highlights the limitations of traffic data in capturing the complete picture of heavy vehicle movements, noting that it has often been sporadic and has been particularly varied over the last two years around COVID restrictions.

The transport route is to be via Wallaroo Road, left onto Southwell Road, and then right onto Brooklands Road, with the reverse on the return trip. Submissions request that the transport route on the return trip be via Goroomon Ponds Road to distribute impacts of truck movements. Gooromon Ponds Road has a five tonne load limit and therefore could not be used as a through route for heavy vehicles under the NSW Road Rules.

6.5 Noise and Amenity Impacts

Noise associated with the proposal and its impact on local amenity has been identified. The submissions received and representations made at the Planning Forum identify that the movement of heavy vehicles impacts on amenity particularly for the Southwell Road properties.

The Applicant was requested to provide a noise assessment (refer Attachment B) which concluded that:

· Construction noise levels are likely to comply at most receivers except for two receivers but who would not be expected to exceed highly affected noise levels

· Noise levels associated with traffic movements at the most exposed receiver would satisfy criteria

However, a second noise assessment was submitted by an objector as part of a supplementary submission (refer Attachment C). The second noise assessment raised questions with the methodology and conclusions reached in the Applicant’s noise assessment being:

· The Noise Impact Assessment is fundamentally flawed in relation to the method use for predications of construction noise and the levels stated in the report are not representative of the true impact on nearby sensitive receivers

· That with a more accurate calculation method it is likely that the noise levels will be up to 8dB above the allowed level in the Interim Construction Noise Guideline

· That an unsuitable metric was used to assess road traffic noise

· That the subjective noise impact from heavy vehicle movements due to their intermittent nature (within an average period) is far greater i.e. short, loud noises in an otherwise low ambient noise environment

· That the traffic noise that would arise from the proposal would be above limits which the EPA considers acceptable to residents and would be sufficiently high to disrupt conversations outside of dwelling as heavy vehicles pass

· That there would be a loss of amenity experienced by sensitive receivers being contrary to the aims and objectives of the Yass Valley Local Environmental Plan 2013

Council staff engaged a noise consultant to provide a peer review on the methodology and conclusions of the two noise assessments, whether the noise impacts were acceptable or otherwise and/or any necessary conditions required if appropriate (refer Attachment E). The conclusions and recommendations from Council’s noise consultant are as follows:

· Construction noise impact does not provide sufficient grounds to refuse the proposed works, but conditions of Consent are necessary to ensure all feasible and reasonable measures are taken to reduce noise impacts, including:

- All work and heavy vehicle movements restricted to 9am-4pm on weekdays

- Heavy vehicle movements associated with the site be restricted to 10 per day in each direction (i.e. 10 loads). However, note here that it proposed to limit the movements to eight per day in each direction

- Mobile plant used on site to be restricted and the power level checked by qualified acoustic engineer

- Work practices and consultation/complaints handling procedure be implemented as outlined in Applicant’s noise impact assessment

· Noise levels from proposed movements of heavy vehicles on public roads are within relevant published criteria. The adoption of any alternative noise criteria as outlined in the objector’s noise assessment, should be considered only after a formal assessment and research process. The effect of adopting any alternative criterion on the assessment impacts could not be guaranteed

Based on the above, it is considered that the proposed development will not have an adverse noise impact to sensitive receivers to an extent which would warrant the Development Application being refused. All recommendations from Council’s peer review can be incorporated as conditions of any Consent that may issue.

6.6 Road Standards and Safety

Concern is raised in the submissions about the standard of the roads on the transport route and road safety, particularly:

· Road width

· Uneven and deteriorating pavement

· Sharp pavement edge

· Lack of line marking

All roads to the site are two way and sealed with a limited shoulder. Southwell Road and this section of Brooklands Road do not have a marked centreline. There is a school bus that travels Wallaroo and Southwell Roads, and the Wallaroo area is a popular area for cyclists and occasional horse riders.

Council has inspected the roads and note that the pavement along the transport route is deforming in areas. There has been some patching undertaken since receipt of the submissions however equally there are now other areas of deformation and potholes, particularly given recent wet weather.

Within the submissions there is also a request for a centre line to be painted on Southwell and Brooklands Road. This was not required for adjoining DA200109 due to the relatively small scale of the proposal however Council has required an Applicant for gully rehabilitation project on Kaveneys Road to paint a centreline.

It has also been identified that the corner when turning left from Wallaroo Road into Southwell Road is in poor condition as it has been cut out by heavy vehicles. To assist in ensuring the safety of heavy vehicle movements around this corner it would be appropriate that a condition of any Consent require rehabilitation of the pavement in that corner prior to commencement of the importation of material.

The Applicant has outlined that their heavy vehicles will travel at a maximum of 80km/hr. Within the submissions there is a request that heavy vehicles associated with development be limited to 50km/hr along the transport route from the Barton Highway. This is not appropriate given that speed limits are managed under the NSW Road Rules and enforced by NSW Police. However, a transport management plan combined with enforcement of road rules by NSW Police, is appropriate.

Conditions of any Consent that may issue can limit heavy vehicle movements to Monday to Friday and exclude public holidays. This will assist in reducing potential conflicts between weekend tourist traffic and recreational road users. Conditions can also require a transport management plan to be prepared by the Applicant and needs to cover aspects such as school bus times and consideration of other road users.

There were a couple submissions made by property owners which raised concerns that their driveway was a concealed entry posing a safety risk. A site inspection did not identify these driveways as a significant safety risk.

6.7 Road Impacts and Heavy Haulage

Several of the submission question the financial cost of heavy haulage on the road network and the opportunity for this to be recovered from the Applicant. They also highlight that Wallaroo residents contributed financially to the sealing of roads in this location, and request that compensation be paid to affected residents who funded original sealing.

Council has recently adopted the Yass Valley Heavy Haulage Development Contribution Plan 2021. However, when the Application was lodged the Heavy Haulage Section 94 Contribution Plan 2006 applied. The 2021 Plan states where an application has been submitted prior to the adoption of this Plan but not determined, the application shall be determined in accordance with the provision of the plan which applied at the date of the submission of the application. Therefore the 2006 Plan applies to this Application.

The contribution under the 2006 Plan will be $6,985 based on the 63,000 tonnes to be hauled (refer Attachment F).

6.8 Internal Access Road

A sealed internal access road is proposed to be constructed from the Brooklands Road driveway to the erosion gully.

Design details of the internal access road need to be submitted for approval prior to commencement of construction. The internal access road will need to be completed prior to the commencement of importation of fill material.

6.9 Consent Conditions and Monitoring

It is suggested that standard Consent conditions (i.e. those used on similar Development Consents) should be used in any approval that may issue, including those which reflect Council’s determination of similar DA200109 at 66 Brooklands Road i.e.:

· Trucks importing material to this site are to display a clear marking (i.e. coloured sheet in window with DA number or magnetic identifier) identifying that they are associated with this development. In considering DA200109 for 66 Brooklands Road, Council resolved to require these identifications to be 1m x 1m front and rear. This is not recommended as it is not practical to install an identifier of this size on the cab of a truck (has been raised as an issue by that Applicant). The size and location of the markings just need to be sufficient that they can be easily identified

· The Applicant is to prepare a project status report every six month months during the duration of the project

· Fill delivery records are to be included in the project status report or are to be made available to Council within seven days upon request. The fill delivery record is to include an excel spreadsheet with the information entered, along with a copy of any hand written delivery record sheets

· A project transport management plan to be prepared by the Applicant prior to commencement of activities. This can form part of the briefing provided to truck drivers and cover aspects such as minimising use of air brakes, school bus times, points of potential conflict on the transport route (e.g. driveways), speed limits, expected driver behaviour, etc

· Evidence that power levels of mobile plant to be used on site have been checked by a qualified acoustic engineer is to be submitted prior to commencement of works

· A final project completion report or statement shall be prepared by someone suitability experienced and qualified to confirm that the proposal has been completed in accordance with the project report

6.10 Material Source and Quality

The submissions question how the quality of the material can be ensured during the project.

The project proposes to utilise virgin excavated natural material (VENM) and excavated natural material (ENM), with the ENM consisting of at least 98% VENM. A resource recovery exemption (RRE) and resource recover order (RRO) issued by the NSW EPA under the Protection of the Environment Operation (Waste) Regulation 2014 allows the use of ENM in earthworks, subject to specific requirements for source testing.

The applicant will need to have appropriate documentation to confirm the classification is VENM or ENM for NSW legislation should the proposal be approved. Evidence of this classification must be submitted upon request.

The implications of the use of acidic soils has been raised. The definition of ENM expressly excludes material which contains acid sulphate soils, potential acid sulphate soils, or sulfidic ores. This would be picked up by the required testing. Some variation in soil composition compared to immediately surrounding is not considered to have any adverse downstream impacts. This has also been clarified with the Applicant’s consultant who has advised that the majority of topsoil to be used to dress the areas filled will be recovered (stockpiled) from the site initially and then reapplied in the revegetation so that it does not vary significantly from the in-situ. However, a revised Gully Rehabilitation Plan which includes an in-situ soil test and details how soil chemistry will be managed is included in the draft conditions.

6.11 Downstream Water Flows

Concern has been raised in a submission as to whether the erosion gully rehabilitation will result in reduced water flows downstream.

The proposed gully rehabilitation at 64 Brooklands Road will not result in any significant changes to the volume of downstream flows, noting that the overland flows are proposed to be redirected to below the dam where it will re-enter the gully channel. The maximum harvestable rights for individual properties are dealt with under the Water Management Act 2000 and does not change as a result of this proposal.

The submitted gully rehabilitation report notes that flocculation of the dam may be required to manage turbidity levels. This is to be overseen by the nominated environmental manager and details of the actions taken for this documented in the six-monthly and final status reports.

Where the erosion has been successfully addressed then there will be an improvement in downstream water quality.

6.12 Filling Policy

At time of the application being made the Filling Policy had been exhibited and was subsequently adopted by Council in September 2021.

The policy has weight consideration for this application. The proposal is however generally consistent with the requirements of the policy. The Applicant has sought professional advice on the erosion issue, the design of the works and the available options. Any environmental outcomes have been considered alongside potential adverse impacts on the amenity of neighbouring properties in the assessment presented.

6.13 Other Issues

The submissions raise concerns in relation to other activities on land owned by the Applicant in the immediate area, including:

· Truck depot

· Asphalt storage

· Helicopter pad

· Moved boundary fence at 225 Southwell Road

The truck depot and helipad are currently under investigation and the boundary fence at 225 Southwell Road was considered by Council in October 2021. These matters are both outside of consideration for the Development Application.

Council is aware that a large pile of asphalt was being stored on the subject property. The site was inspected with the NSW EPA and it was determined that the volume of the asphalt storage did not exceed the weight or volume thresholds which would trigger the need for licensing by the EPA under the Protection of the Environment Operations Act 1997. However, it was identified there was no Development Consent in place for the use of the land. In September 2021 the landowner started removing the asphalt and approximately half has been removed. It is understood some of the asphalt is proposed to be used on the internal access road to the erosion gully and evidence will be required that this material has been tested and is suitable in accordance with the RRO and RRE prior to its use.

7. Other Filling Activities and Ongoing Action

Ongoing community representations have assisted in identifying other filling activities occurring in the Wallaroo area. These have been investigated and followed up as they arise. These matters do not relate to the consideration of this Application.

8. Conclusion

From the assessment of the proposal and consideration of issues raised in submissions, it is recommended that a Development Consent be issued. Draft conditions are included in Attachment G.

Strategic Direction

Theme 1. – Our Environment

Long Term Goal EN4 – Maintain a balance between growth, development and environmental protection through sensible planning

Strategy EN4.2 – Ensure development application assessment is thorough and efficient

Strategic Action EN4.2.1 – Implement the development process and implement changes aligning with the NSW Government’s best practice guidelines.

ATTACHMENTS: a. Locality Plan ⇩

b. Supporting Documents (Under Separate Cover) ⇨

c. Submissions (Under Separate Cover) ⇨

d. NRAR General Terms of Approval ⇩

e. Noise Assessment Peer Review ⇩

f. Heavy Haulage Calculations ⇩

g. Draft Conditions ⇩

Opening Balance 1 October 2021		$25,700,000
Less Investments redeemed:		-$2,100,000
CBA	$2,100,000
Plus Investments placed:		$2,100,000
CBA	$2,100,000
Closing Balance 31 October 2021		$25,700,000

Property	Total Outstanding Rates & Charges	Sale Price	Shortfall/Surplus
Mountain Creek Road, Uriarra	$11,080.02	$2,000	-$9,080.02
17 Charles St, Kangiara	$8,358.25	$29,000	$20,641.75
Bendenine Rd, Bowning	$7,910.70	$10,000	$2,089.30
Riverbank Park, Yass	$31,135.25	$2,500	-$28,635.25
Fairy Hole Road, Bango	$10,244.87	$11,500	$1,255.13
13B Hanley Place, Yass	$15,771.32	$176,000	$160,228.68
11 Hanley Place, Yass	$15,715.24	$160,000	$144,284.76