dungog shire council · ms joan dawson spoke against for port stephens voluntary merger. ms sally...

DUNGOG SHIRE COUNCIL

Minutes of the Ordinary Meeting

21 March 2017

This is page number 2 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 21 March 2017

TABLE OF CONTENTS MAYORAL MINUTE 1. Dungog Shire Council – The Future REPORTS BY DEPARTMENT REQUIRING COUNCIL DECISION MANAGER – PLANNING 1. Development Application No. 120/2015 – Function Centre 2. Draft Amendment to Dungog LEP 2014 Planning Proposal Report –

Reclassification of Land EXECUTIVE MANAGER – INFRASTRUCTURE AND ASSETS 1. Acquisition for Road Widening of Stroud Hill Road, Dungog at Frank Robinson Memorial Park 2. Timber Bridge Network GENERAL MANAGER

1. Dungog Regional Tourism Board 2. ALGA 2017 National General Assembly Call for Motions REPORTS FROM COMMITTEES AND OUTSIDE ORGANISATIONS 1. Council’s Management Committee Meeting Minutes COUNCILLOR REPORTS 1. Mid North Weight of Loads Group (MNWOLG) REPORTS FOR INFORMATION ONLY

1. Development Applications – Delegated Authority 2. Litigation Report 3. Tocal Boat Ramp Repair Update 4. Works Progress Report 5. Statement of Investments 6. Works Cost Statement 7. Councillors Travelling & Other Expenses 8. Report on the Dungog Shire Business Expo 9. NSW Office of Local Government Circulars COMPLIMENTS


MINUTES OF THE ORDINARY MEETING OF DUNGOG SHIRE COUNCIL HELD AT DUNGOG SHIRE COUNCIL CHAMBERS ON 21 MARCH 2017 COMMENCING AT 6.00 PM. PRESENT: Mayor H F Johnston and Councillors L M Bowden, N F Knudsen, S B Farrow, N B Bale, R A Booth, T Norman and G D Wall. OFFICERS IN ATTENDANCE: C F Deasey, General Manager, S W Hitchens, Executive Manager Infrastructure & Assets, J Tupper, Manager Planning and P J Minett, Manager Environmental Services.

The Mayor welcomed Member for Upper Hunter Michael Johnsen MP to the Council Meeting. ACKNOWLEDGEMENT OF COUNTRY: Delivered by Cr Johnston.

APOLOGIES: Cr A G McKenzie

Minute No. 37356 RESOLVED on the motion of Cr Bowden and seconded by Cr Booth that Cr McKenzie be recorded as an apology for the Ordinary meeting. LEAVE OF ABSENCE: Nil

DECLARATION OF INTERESTS: Nil CONFIRMATION OF MINUTES:

Minute No. 37357 RESOLVED on the motion of Cr Booth and seconded by Cr Knudsen that the Minutes of the Ordinary Meeting of Council, held on Tuesday 21 February 2017 having been circulated amongst the members of the Council be confirmed.

MATTERS ARISING: Nil

The Prayer was delivered by Mr Huckstadt.

The Ode was delivered by Cr Johnston.


MAYORAL MINUTE

Mayor Harold Johnston 1. DUNGOG SHIRE COUNCIL – THE FUTURE EF16/22 Precis: Reporting on receipt of correspondence from Port Stephens Council and a recent meeting with the Minister for Local Government.

******** MOTION

1. That the report be received and the information noted.

2. That the Council defer a decision on the Port Stephens Voluntary amalgamation proposal until the April 2017 meeting of Council.

***********

A MOTION was moved by Cr Johnston that: 1. The report be received and the information noted. 2. Council defer a decision on the Port Stephens Council voluntary amalgamation proposal until an Extra Ordinary meeting of Council on 1 May 2017 at 6.00 pm. AN AMENDMENT was moved by Cr Knudsen and seconded by Cr Bowden that: 1. The report be received and the information noted. 2. Council consider a response to the voluntary amalgamation by Port Stephens Council

in the context of finding a future pathway for Dungog Shire Council at an Extra Ordinary meeting on 1 May 2017.

3. In relation to 4 April 2017 meeting with Mr Barilaro to which three (3) people are

invited, that Council nominate a fourth person in case that anyone of the three being the General Manager, Mayor and Deputy Mayor cannot attend, that Councillors nominate a substitute Councillor.

Cr Farrow foreshadowed a motion that: 1. The report be received and the information noted. 2. Council defer a decision on the Port Stephens Council voluntary amalgamation proposal until an Extra Ordinary meeting of Council on 1 May 2017 at 6.00 pm. 3. Council nominate Cr Wall as fourth delegate for the meeting with the Deputy Premier. On being put the amendment was lost.


AN AMENDMENT was moved by Cr Farrow and seconded by Cr Johnston that: 1. The report be received and the information noted. 2. Council defer a decision on the Port Stephens Council voluntary amalgamation proposal until an Extra Ordinary meeting of Council on 1 May 2017 at 6.00 pm. 3. Council call for nominations as the fourth delegate: Cr Farrow nominated Cr Wall. Cr Booth nominated Cr Bowden. The Mayor asked for a show of hands by the Councillors. As a consequence Cr Bowden was declared the alternate delegate.

Minute No. 37358 A MOTION was moved by Cr Johnston that: 1. The report be received and the information noted. 2. Council defer a decision on the Port Stephens Council voluntary amalgamation proposal until an Extra Ordinary meeting of Council on 1 May 2017 at 6.00 pm. 3. Council nominate Cr Bowden as the fourth (alternate) delegate for the meeting with the Deputy Premier. On being put the motion was carried.

#####

Minute No. 37359 A MOTION was moved by Cr Bowden and seconded by Cr Knudsen that the Order of Council business be suspended to allow members of the public to address Council. On being put the motion was carried. The Order of Council business was suspended at 6.58 pm. Mrs Lorraine Walker spoke on the issue of shed construction at 21 Rens Street, the height and size of the shed and impact upon their amenity. Implored Council to look at limiting floor space and heights in particular Clauses 4.3 and 4.4 of Council’s Planning Policies. Mr Mark Stewart spoke on lack of available residential land in Dungog, lack of covenants on Melbee. Mr Brian Farmer spoke on Clarence Town Progress Association progress as regards a recent presentation on the Heritage constraints and opportunities for the Museum site.

Mr John Connors spoke for Port Stephens voluntary merger.

Ms Lisa Connors spoke for Port Stephens voluntary merger.

Ms Joan Dawson spoke against for Port Stephens voluntary merger.

Ms Sally Corbett spoke against for Port Stephens voluntary merger.

Mr Phillip Napier spoke on timber bridges and impact upon agricultural inputs and outputs.


Minute No. 37360 A MOTION was moved by Cr Booth and seconded by Cr Knudsen that Council resume the Order of Council business. On being put the motion was carried. The Order of Council business resumed at 7.35 pm.

PLANNING DEPARTMENT MANAGERS REPORT

Jenny Webb 1. DEVELOPMENT APPLICATION NO. 120/2015 – FUNCTION CENTRE DA 120/2015

Precis: The following report considers Development Application No 120/2015 which seeks development consent for a function centre on Lot 24 DP 816421 No 65 Allyn River Road, East Gresford.

************* Minute No. 37361

RESOLVED on the motion of Cr Wall and seconded by Cr Farrow that the proposed function centre be approved subject to the following conditions: Prescribed a) The work must be carried out in accordance with the requirements of the Building

Code of Australia.

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

(i) showing the name, address and telephone number of the Principal Certifying Authority for the work, and

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

(iii) stating that unauthorised entry to the work site is prohibited. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

General and at All Times 1. The proposed development being carried out in accordance with the following

plans/and or documents referenced and stamped, except as modified by the conditions of this consent and any amendments in red:


(a) Plans Reference: Drawings prepared by: Name of Plan Author Drawing No. Issue Date Site Plan Sorensen Design and

Planning 1502014 Sheet 1 C 8/01/16

Site Plan – Proposed Wedding Reception Venue

Sorensen Design and Planning

1502014 Sheet 2 C 8/01/16

Floor Plan David Hilliard Design 591/1 - March 2016 Elevations David Hilliard Design 591/2 - March 2016 Elevations and Section

David Hilliard Design 591/3 - March 2016

Landscape Plan - Sheets 1 and 2 - - Bus Turning Movement

High Definition Design Drafting

HD01 1 13/3/16

(b) Document Reference:

Document Reference Author Date Statement of Environmental Effects

15 10 11_SoEE_v2

Perception Planning 11 October 2015

Amended Noise Impact Assessment

J0223-01-R2 Bridges Acoustics 19 January 2016

Bushfire Threat Assessment - Firebird EcoSultants Pty Ltd

February 2016

Traffic and Parking Assessment Issue F Intersect Traffic 17/2/16 Revised Wastewater management Plan for proposed Function Centre and Existing Dwelling

1537 Whitehead and Associates Environmental Consultants

17/2/16

Management Plan - - -

2. The colour and texture of the external materials of the function centre and rainwater tank/s are to be chosen to ensure they blend into the natural surroundings. In this regard, non-reflective materials shall be used in all external finishes. Note: Zincalume is considered to be a reflective material and would not satisfy the requirements of this condition.

3. All fees and other Contributions will need to be adjusted in accordance with Council’s Fees and Charges applicable at the time of payment.

4. All new external lighting must comply with AS 4282–1997 (Control of the obtrusive effects of outdoor lighting) and be mounted, screened and directed in a way that it does not create a nuisance or light spill on to adjoining lots or public places.

5. Compliance with the recommendations of the Bushfire Threat Assessment including: Maintenance of Asset Protection Zones in accordance with section 4.1.3 and

Appendix 5 of Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service's publication 'Standards for Asset Protection Zones'.

A water tank with a minimum capacity of 10,000 litres dedicated for firefighting purposes and having the following:

A 65 mm Storz outlet with a Gate or Ball valve. The valve and pipes are to be adequate for water flow and are to be metal rather than plastic.

Underground tanks are to have an access hole of 200mm to allow tankers to refill direct from the tank. A hardened ground surface for truck access is to be supplied within 4 metres of the access hole.

Above ground tanks are to be manufactured of concrete or metal and raised tanks have their stands protected. Plastic tanks are not to be used. Tanks on the hazard side of a building are to be provided with adequate shielding for the protection of fire fighters.


All above ground water pipes external to the building are to be metal including up to any taps. Pumps are to be shielded.

Property access roads are to be upgraded/constructed to the following standard: Have a minimum width of 4 metres with an additional 1 metre cleared on

either side; Have passing bays every 200 metres; Be sufficient to carry fully loaded fire fighting vehicles; Have a minimum vertical clearance of 6 metres; Have curves with a minimum inner radius of 6 metres and a minimum

distance between inner and outer curves of 10 degrees; and Not exceed a gradient of 10 degrees.

An Emergency Response and Evacuation Plan is to be prepared for the site and

the function centre. This plan is to be consistent with the NSW Rural Fire Service document “A Guide to Developing Bushfire Evacuation Plan” (2004).

6. Amplified live or recoded music may not be played at any location within the premises (including indoor and outdoor function areas) after midnight.

7. Amplified live or recorded music and amplified voices within the indoor function area

may only occur under the following conditions:

Amplified live or recorded music which exceeds an average noise level of 73bD(A) may only occur whilst all exterior windows and doors of the indoor function area are closed.

Amplified live or recorded music which does not exceed 73 dB(A) may be played with exterior doors and windows open until 10 pm on any night. After 10pm, all exterior doors and windows shall be closed at all times whilst any live or recorded music is played.

All toasts and cheers shall be held within the indoor function area and shall not occur after 10 pm.

8. Amplified live and recorded music and amplified voices in the outdoor function area

may only occur under the following conditions:

Amplified live and recorded music and amplified voices may only occur in the outdoor function area between the hours of 10 am and 6 pm.

Amplified live and recorded music and amplified voices may only occur in the outdoor function area for a maximum of 10 events per calendar year.

Toasts and cheers shall not occur in the outdoor function area.

9. Signage requesting quiet behaviour and driving shall be placed in the following locations: At the exit to each carpark. One sign in each of the outdoor and indoor function areas

10. The registered proprietor of the site must wet/dampen the gravel pavement of the

right of carriageway and private access road to prevent dust being generated from vehicles travelling to/from the development during a function at the site.


Prior to Commencement of Work 11. A Construction Certificate is to be issued by the Certifying Authority prior to

commencement of any works. The application for this Certificate is to satisfy all of the requirements of the Environmental Planning and Assessment Regulation 2000. Where Council is not the Principal Certifying Authority (PCA), the proponent or private certifier shall submit a Construction Certificate to Council prior to building works commencing on the subject allotment.

12. The applicant shall ensure that arrangements are made for the Principal Certifying

Authority, Council or Private Certifier, to carry out STAGE INSPECTIONS indicated as follows in bold. Request for Council inspections may be made either by telephone or in person. Council requires forty eight (48) hours notice for inspections.

Applicants are required to nominate the relevant Construction Certificate Number and

location prior to the inspection request being granted. Note: STAGE INSPECTIONS are required to be carried out in order to ensure that a

Subdivision Certificate can be issued. In the event that any stage inspection is not carried out, a Subdivision Certificate cannot be issued.

(a) After stripping of topsoil from roads and fill areas, all Erosion & Sediment

Control devices and Traffic Control signs shall be installed at this stage. (b) After completion and compaction of the road sub grade. (c) After placement and compaction of each layer of gravel pavement material

prior to sealing. (d) After laying and jointing of all stormwater drainage pipelines prior to

backfilling. (e) During application of bitumen seal or asphaltic concrete wearing surface. (f) After restoration and completion of all works. (g) As otherwise required to confirm that the works are satisfactorily executed

and in conformity with environmental controls and conditions of Development Consent.

It should be noted that Council charge fees for inspections. These inspection fees must be paid prior to release of the Construction Certificate associated with the Development Consent. Inspection Fees will be adjusted in accordance with Council’s Fees and Charges operating at the time of inspection. In the event further additional inspections are required those inspections will attract inspection fees at the rate when the inspections were carried out.

Prior to Issue of a Construction Certificate 13. For the purposes of hygiene, food safety and compliance with the Food Act 2003 and

Food (General) Regulation 2001, the construction and fitout of the food premises, including all equipment, fixtures and fittings, must comply with the requirements of the Food Standards Code (Food Safety Standard 3.2.3), Australian Standard AS 4674-2004 and the National Food Premises Code. Detailed plans and specifications for the food handling and bar areas are to be submitted to and approved by Council and are to incorporate the following:

General

A hand wash basin must be provided in the food preparation area. Hand wash

basins must be provided with hot and cold water via a common mixing spout. Liquid soap and single use towels must be provided at each hand wash basin.


Fridges, fittings, fixtures and equipment should be installed on approved metal legs of not less than 150mm in height or approved commercial castors where applicable.

Floors

Vinyl and similar preformed materials - In food display, food storage and other

selected positions in food preparation areas commercial grade vinyl sheeting with welded joints or similar preformed material laid over a solid impervious base or an approved underlay is acceptable providing they are laid strictly in accordance with the manufacturer's specifications.

Finish - The floor finish is to be smooth and even, free of cracks, crevices or

surface protrusions that will prevent easy cleaning, graded and drained where necessary.

Walls

Finish - In all food preparation areas, kitchens, sculleries and the like walls shall

be finished to a height of at least 2 metres above floor level with:-

(i) Glazed tiles fixed in accordance with the requirements of Australian Standard 3958.1; or

(ii) Stainless steel, laminated plastics, formica, laminex, panelyte or other

similar approved impervious material adhered directly to the wall.

All walls in the food preparation area are to be of solid construction.

Ceilings

Finish - The surface finish shall be free of open joints, cracks, crevices or openings in which grease, vapours or vermin may collect.

Ceiling Light Fittings - Ceiling light fittings are to be installed flush with the ceiling

surface or alternatively, provided with an approved diffuser cover to prevent the accumulation of dust or harbourage of vermin.

14. Separate approval from Council as the Roads Authority must be obtained under

Section 138 of the Roads Act 1993 prior to the issue of any Construction Certificate which includes any works within a Council road reserve. For any such works, detailed engineering design plans must be submitted to Council for approval prior to issue of the Construction Certificate.

15. The developer shall arrange for detailed engineering design plans to be submitted to

Council for approval to provide: Erosion and Sediment Control facilities to deal with all aspects of earthworks

associated with the development. The detailed plans shall be in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines and the latest edition of Managing Urban Stormwater publication (the blue book). Sediment control measures shall be provided for the duration of the works and until the site is stabilised.


Council for approval for prior to issue of the Construction Certificate:

Roadwork including associated drainage and erosion/sediment controls associated with:


a) The developer shall upgrade, where required, the right of carriageway and

private road access to ensure a minimum gravel width of 4 metres is maintained along the access road from Allyn River Road to the subject site. The pavement material to be used must be a low dust generating material and related material test reports and certification must be provided to Council for approval prior to undertaking any upgrade works.

b) The developer shall construct passing bays along the length of the access

road to the subject site at 200 metre intervals. A passing bay shall be a minimum of 7 metres long with a minimum width of 6 metres including the access road.


Council for approval prior to issue of the S138 approval: -

Roadwork including associated drainage and erosion/sediment controls associated with

a) Construction of a Basic Right Turn (BAR) and Basic Left Turn (BAL) intersection on Allyn River Road. The works must be designed in accordance with Council’s Auspec standards and Austroads Guidelines. Full details shall be submitted to Council and approved prior to issue of the S138 approval.

18. A detailed drainage design for the disposal of roof and surface water from the site,

including any natural runoff currently entering the property and connection to the existing dam in accordance with Council’s requirements. Full details shall be submitted to and approved by Council prior to release of the Construction Certificate.

19. On-site car parking shall be provided for a minimum of forty (40) vehicles. The design of the vehicular access and off street parking facilities must comply with AS 2890.1:2004 Parking Facilities – Off-Street Car Parking. The plans submitted in association with the Construction Certificate application are to demonstrate compliance with this requirement. The plans are to be approved by the Accredited Certifier as satisfying this requirement prior to the issue of a Construction Certificate.

20. A total of one (1) car park space for use by persons with a disability must be provided

as part of the total car parking requirements. Plans demonstrating compliance with this requirement and the following Australian Standards are to be submitted to, and approved prior to issue of the Construction Certificate.

AS/NZS 2890.1 2004 Parking Facilities – Off Street Car Parking AS/NZS 1428.1: 2009 Design for access and mobility – General requirements

for access New building works AS/NZS 1428.4.1:2009 Design for access and mobility – Means to assist the

orientation of people with vision impartment – Tactile ground surface indicators.

21. Prior to the issue of the Construction Certificate an application for the installation of

an onsite sewage management system is to be lodged with Council’s Environmental Services Department for approval. The system shall be designed in accordance with the Whitehead and Associates Waste Water Management Plan (ref 1537 17/02/16), AS/NZS 1547:2012 and the Environmental & Health Protection Guidelines. The effluent disposal area of 3050m² is to be located as indicated on the site plan in


Figure 2 from Whitehead and Associates Waste Water Management Plan (ref 1537 17/02/16).

22. Payment of a cash contribution to Council in accordance with the provisions of

Dungog Section 94 Contributions Plan 2004 adopted 29 September 2004 as amended September 2015.

The following contributions, which are subject to quarterly adjustment, are to be paid prior to the release of the Construction Certificate. Gresford Catchment Rural Sub-Arterial Roads upgrades $4,196.88 Rural Local Roads & Intersection upgrades $11,502.56 Total $15,699.44

Advice: Copies of the Contributions Plan are available for inspection and purchase at Council’s Administration Building, Dungog. The applicant must contact Council prior to the payment to determine the current rate of contribution, as the rates are revised quarterly.

During Construction 23. Approved toilet facilities are to be provided, at or in the vicinity of the work site on

which the work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons employed at the site. The provision of toilet facilities in accordance with the Clause must be completed before any other work is commenced.

24. A waste containment facility to Council's requirements is to be provided on the

building site immediately after the first concrete pour for the building and is to be regularly serviced.

Council and the Environmental Protection Authority may issue "on the spot" fines if breaches of the Environmental Offences and Penalties Act, are detected.

Note: Your attention is drawn to your responsibility to control any litter arising from building works associated with this consent.

25. Measures shall be implemented to prevent vehicles tracking sediment, debris, soil

and other pollutants onto any road. 26. All excavated or filled areas are to be battered to a slope of not greater than 45

degrees to the horizontal, or alternatively, be retained by a retaining wall. Where the height of the retaining wall exceeds 1000mm, duplicate copies of structural details, prepared by a practicing Structural Engineer, are to be submitted to and approved by the Principle Certifying Authority prior to their construction. All excavated and filled areas are to be drained to the satisfaction of Council.

27. To minimise soil erosion during construction, the owner and builder shall ensure that

the following measures are implemented in the sequence outlined:-

(i) A dish shaped diversion drain or similar structure will be constructed above the proposed house site to divert run-off to a stable discharge area such as an area with a grass cover. (This diversion drain is to be lined with turf or otherwise stabilised if it erodes after rainfall).

(ii) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (e.g. "silt stop").

(iii) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed.


(iv) Top soil from the construction site or builders sand is to be stockpiled in a location where it will not be eroded from the site, and is not to be stockpiled on the road reserve.

(v) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated.

(vi) If soil or other materials are spilt accidentally onto the road or gutter, they shall be removed prior to the completion of the day's work.

All erosion and sedimentation controls are to be installed in accordance with Council's erosion and sedimentation control policy and code of practice.

Failure to implement and maintain all erosion and sedimentation control measures is a breach of the Protection of the Environment Operations Act 1997 and is liable to a $750 on-the-spot fine.

28. Construction works must not unreasonably interfere with the amenity of the

neighbourhood. In particular construction noise, when audible on adjoining residential premises can only occur:

a. Monday to Friday, 7.00 am to 6.00 pm. b. Saturday, from 8.00 am to 1.00 pm.

Prior to Issue of Occupation Certificate 29. The building shall not be used or occupied until completed and all conditions of

consent have been complied with and an Occupation Certificate has been issued. 30. Where Council is not the Principal Certifying Authority (PCA), an Occupation

Certificate shall be submitted to Council when the building works has been completed and prior to the Occupation of the building.

Note: If the Certificate is being issued by a Private Certifier the certificate is to be lodged with Council not less than forty eight (48) hours prior to the occupation of the building/structure.

31. Notification details of the food business are to be forwarded to the NSW Food Authority prior to the commencement of operations, to comply with Food Safety Standard 3.2.2.

32. The premise will be subject to regular inspections in accordance with Council’s food surveillance program. The food business must be registered with Dungog Shire Councils Environmental Services Department upon completion of the work. Prior to commencing operation of the food business the premises must be inspected by Councils Environmental Health Officer to establish compliance with the relevant Food Safety Standards. (For registration and inspection fees please refer to Councils Management Plan).

33. Carparking areas shall be completed and carparks suitably delineated prior to issue of any Occupation Certificate.

34. Prior to the issue of any Occupation Certificate the PCA must ensure that the following has been constructed in accordance with the development consent and relevant Council standards:

a) The developer shall upgrade the right of carriageway and private access road to ensure a minimum gravel width of 4 metres is maintained along the access road from Allyn River Road to the subject site. The pavement material to be used must be a low dust generating material and related material test reports and certification must be provided to Council for approval prior to undertaking any upgrade works.


b) The developer shall construct passing bays along the length of the access road to the subject site at 200 metre intervals. A passing bay shall be a minimum of 7 metres long with a minimum width of 6 metres including the access road.

35. Prior to the issue of any Occupation Certificate, the PCA must ensure that all approved road, footpath and/or drainage works, have been completed in the road reserve in accordance with Council’s S138 Roads Act Approval. Works-as-Executed plans of the extent of roadworks, including any component of the stormwater drainage system that is to revert to Council, certified by a registered surveyor, together with certification by a qualified practising Civil Engineer, to verify that the works have been constructed in accordance with the approved design and relevant Australian Standard, must be provided to Council prior to the issue of an Occupation Certificate.

36. All drainage works required to be undertaken in accordance with this consent shall be completed prior to issue of any Occupation Certificate for the development.

37. The developer shall construct and maintain the following to the satisfaction of Council:

Erosion and Sediment Control facilities to deal with all aspects of earthworks associated with the development. The works shall be in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines and the latest edition of Managing Urban Stormwater publication (the blue book). Sediment control measures shall be provided for the duration of the works and until the site is stabilised.

38. Any relocation or alterations of public utilities made necessary as a result of the development are to be carried out at no cost to Council.

39. The developer being responsible for any costs relating to minor alterations and extensions of existing roads, drainage and Council services for the purposes of the development.

40. The making good to the satisfaction of Council, or payment of the costs incurred by Council in making good, any pavement damage or structural deterioration caused to Council's roads by the use of such roads as haulage routes for materials used in construction or the operation of the approved development.

41. Prior to the issue on any Occupation Certificate or use of the function centre, the onsite sewage management system is to be installed in accordance with its approval, with a satisfactory final inspection to be undertaken by Council.

42. The existing septic tank is to be decommissioned in accordance with Council Policy. 43. Prior to the issue on any Occupation Certificate or use of the function centre, the

kitchen and bar areas are to be completed in accordance with the approved plans, with a satisfactory final inspection to be undertaken by Council.

44. Prior to the release of any Occupation Certificate, certification is to be provided that

all bushfire mitigation/protection works as detailed in this development consent have been implemented/completed.

45. Prior to the release of an Occupation Certificate, landscaping in accordance with the approved landscape plan is to be installed.

46. The applicant shall prepare and submit a Noise Management Plan prior to the issue

of any Occupation Certificate. The plan shall include but not be limited to the policy and procedures intended to be followed by the operators of the premise to ensure


that all noise mitigation measures prescribed by this consent are being applied. The plan should also include the responsibilities of key staff, the use and maintenance of noise monitoring equipment (if any), signage and the method of communication of noise mitigations protocols to patrons.

47. Signage requesting quiet behaviour and driving shall be placed in the following

locations:

At the exit to each carpark. One sign in each of the outdoor and indoor function areas

The applicant shall provide details of signage which includes the size, wording and proposed locations to Council prior to the issue of any Occupation Certificate.

The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 8 for 0 against as follows:

For: Crs Johnston, Bale, Norman, Farrow, Knudsen, Booth, Wall, Bowden.

Kristy Cousins 2. DRAFT AMENDMENT TO DUNGOG LEP 2014 PLANNING PROPOSAL REPORT

RECLASSIFICATION OF LAND EF14/73 Precis: Council resolved at its meeting of the 20 September 2016 to endorse the Planning Proposal to reclassify the Council owned land known as Lot 20 DP 729796 Prince Street Clarence Town from community land to operational land under the Dungog Local Environmental Plan 2014.

Minute No. 37362

A MOTION was moved by Cr Knudsen and seconded by Cr Booth that Council resolve to: 1. Fund and engage consultants to prepare a Conservation Management Plan for Lot 20

DP 729796 Prince Street Clarence Town whilst still progressing the reclassification planning proposal.

2. Engage a suitably qualified independent consultant to conduct the public hearing and

prepare a Public Hearing Report for Councils consideration. 3. Council not provide owners consent to development application for the site until such

time as a Conservation Management Plan has been adopted. On being put the motion was carried.


INFRASTRUCTURE AND ASSETS DEPARTMENT EXECUTIVE MANAGERS REPORT

Steve Hitchens 1. ACQUISITION FOR ROAD WIDENING OF STROUD HILL ROAD, DUNGOG AT

FRANK ROBINSON MEMORIAL PARK EF14/124

Précis: The purpose of this report is to recommend Council widens the road reserve of Stroud Hill Road to cater for roadside safety rest area near Frank Robinson Park and the necessary actions be taken to prepare a survey plan of the widening, then declare the area Public Road under the Roads Act, 1993.

********** Minute No. 37363

RESOLVED on the motion of Cr Knudsen and seconded by Cr Bowden that Council: 1. Authorises the actions to prepare a plan for registration, of road widening altering the

boundary between Lot 1 DP 1229788 (Frank Robinson Memorial Park) and Stroud Hill Road at Dungog; and

2. Upon registration of the plan Council places a notice in the NSW Government Gazette dedicating the road widening as Public Road under the Roads Act 1993.

Steve Hitchens 2. TIMBER BRIDGE NETWORK EF08/199 Precis: This report provides further information with regards to load rating, maintenance and long term issues facing Council’s Timber Bridge Network.

********** Minute No. 37364

RESOLVED on the motion of Cr Wall and seconded by Cr Farrow that Council: 1. Adopt the proposed load limits as identified in the report pending further testing being undertaken; 2. Consult with the community with respect to this issue; 3. Subsequent to that consultation, bridges be signposted in accordance with the report for both Load and Speed Limits for heavy vehicles; 4. All bridges identified for a 44t load limit be inspected monthly; 5. Full bridge inspections and load rating be undertaken on the following five (5) bridges:- a. Coulston Bridge - Paterson River Road; b. Spooner Bridge - Paterson River Road; c. Bullockeys Bridge - Allyn River Road; d. Wheelabout Bridge - Allyn River Road; and e. Tillegra Bridge - Salisbury Road.


6. The proposed capital works on Thalaba & Banfield bridges be deferred and the funding re-allocated to enable the load rating and testing be undertaken on Councils priority 1 bridges. 7. A further report be presented to Council once these bridge inspections have been undertaken and the bridge reports received. 8. Council lobby both State and Federal members for funding to support the initial testing of all timber bridges in the Dungog LGA and for funding to accelerate the replacement of the Councils timber bridge infrastructure.

GENERAL MANAGER

Craig Deasey 1. DUNGOG REGIONAL TOURISM BOARD EF08/116 Precis: Reporting on the provision of funding to the Dungog Regional Tourism Board.

********** Minute No. 37365

A MOTION was moved by Cr Knudsen and seconded by Cr Norman that Council: 1. Allocate $20,000 from the Restricted Assets to the Dungog Regional Tourism Board. 2. Prior to the release of funds, the Dungog Regional Tourism Board provide the General Manager with a budget for anticipated expenses within the Council approved Destination Management Plan and followed within 12 months by an acquittal of same, and/or 3. If the anticipated expenses are to be spent outside the approved Destination Management Plan, that the Dungog Regional Tourism Board seek prior approval from Dungog Council at an Ordinary meeting, followed by an acquittal of same within 12 months. On being put the motion was carried.


Craig Deasey 2. ALGA 2017 NATIONAL GENERAL ASSEMBLY CALL FOR MOTIONS EF09/1 Precis: Reporting on the Australian Local Government Association call for motions for the 2017 General Assembly.

********* Minute No. 37366

RESOLVED on the motion of Cr Bowden and seconded by Cr Knudsen that: 1. The report be received and the information noted.

2. Councillors submit any motions for the ALGA National General Assembly to the

General Manager no later than C.O.B 31 March 2017 for presentation and consideration at the Ordinary meeting of Council to be held on 18 April 2017.

REPORTS FROM COMMITTEES AND OUTSIDE ORGANISATIONS

Craig Deasey 1. COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES Précis: Reporting on Minutes of Council Management Committee Meetings provided to Council.

********** Minute No. 37367

RESOLVED on the motion of Cr Knudsen and seconded by Cr Bale that the minutes of the Management Committee Meeting be received and noted.

COUNCILLOR REPORTS

Cr A McKenzie 1. MID NORTH WEIGHT OF LOADS GROUP (MNWOLG) EF08/110 Precis: On the 6 March, 2017 I attended the Mid North Weights of Loads Group [MNWOLG] Meeting in Kempsey.

************ Minute No. 37368

RESOLVED on the motion of Cr Bowden and seconded by Cr Knudsen that the report be received and the information noted.


REPORTS BY DEPARTMENT FOR INFORMATION ONLY

Jacqui Tupper 1. DEVELOPMENT APPLICATIONS - DELEGATED AUTHORITY

EF08/228 Precis: Development Consent has been granted to the following development applications under delegated authority for the month of February 2017.

****** Minute No. 37369

RESOLVED on the motion of Cr Knudsen and seconded by Cr Bowden that the report be received and the information noted.

Jacqui Tupper 2. LITIGATION REPORT EF08/227 Précis: Reporting on Planning Legal Costs in relation to litigation and appeal matters.

********** Minute No. 37370

RESOLVED on the motion of Cr Bowden and seconded by Cr Booth that the report be received and the information noted.

Michelle Viola 3. TOCAL BOAT RAMP REPAIR UPDATE

EF08/299

Précis: This report is to provide an update regarding the repair works to Tocal Boat Ramp

********** Minute No. 37371

RESOLVED on the motion of Cr Booth and seconded by Cr Knudsen that the report be received and the information noted.

Nigel Atkins 4. WORKS PROGRESS REPORT EF08/208 Précis: Reporting on construction and maintenance works undertaken in February 2017.

********** Minute No. 37372

RESOLVED on the motion of Cr Wall and seconded by Cr Knudsen that the report be received and the information noted.


Shaun Chandler 5. STATEMENT OF INVESTMENTS

EF08/220

Précis: Clause 212 of Local Government (General) Regulation 2005 requires a monthly report to Council outlining all money’s Council has invested under Section 625 of the Local Government Act.

********** Minute No. 37373

RESOLVED on the motion of Cr Knudsen and seconded by Cr Booth that the report be received and the information noted.

Shaun Chandler

6. WORKS COST STATEMENT EF08/221

Précis: A selective summary of expenditures on capital works and maintenance expense areas within Council’s roads, bridges, cemeteries, toilets, parks and sports ground cost centres.

*********** Minute No. 37374

RESOLVED on the motion of Cr Wall and seconded by Cr Bowden that the Works Cost Statement for the period ending 28 February 2017 be received and noted.

Shaun Chandler 7. COUNCILLORS TRAVELLING & OTHER EXPENSES

EF08/222

Précis: Report on Councillors travelling for Councillors information.

********** Minute No. 37375

RESOLVED on the motion of Cr Knudsen and seconded by Cr Norman that the report be received and the information noted.


Ivan Skaines 8. REPORT ON THE DUNGOG SHIRE BUSINESS EXPO

EF08/268 Précis: To coincide with Back to Business Week, a new NSW Government initiative to promote and celebrate the success of small and medium sized businesses and the critical role they play in local communities, a Dungog Shire Business Expo was held at the James Theatre in Dungog on Saturday, 4 March, 2017.

********** Minute No. 37376

RESOLVED on the motion of Cr Norman and seconded by Cr Knudsen that Council notes the success of the Dungog Shire Business Expo.

Craig Deasey 9. NSW OFFICE OF LOCAL GOVERNMENT CIRCULARS EF08/142 Précis: Providing a summary of circulars that have been released by the Office of Local Government.

********** Minute No. 37377

RESOLVED on the motion of Cr Wall and seconded by Cr Knudsen that the report be received and the information noted.

BUSINESS OF AN URGENT NATURE Nil. There being no further business the meeting terminated at 8.19 pm. Confirmed ................................................. Date .................................................

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