mayoral minute - dungog shire council€¦ · i have received a letter ... circulars but moreso...

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 15 April 2008 commencing 6.00pm.

MAYORAL MINUTE Councillor G D Wall 1. REPORT OF CONDUCT COMMITTEE

EF07/21 Précis: Councillors will recall at the Ordinary Meeting of Council, 19 February 2008, Council determined the following resolution regarding the Report of the Conduct Committee - EF 07/21.

A Motion (minute No 33807) was moved by Cr Low and seconded by Cr Flannery that: 1. That the report of the Conduct Committee regarding the complaints against

Councillor Watkins be received and that Councillor Watkins tender an apology for his Improper and disrespectful remarks.

2. In the absence of a written apology being tendered by the Close of Business on 07

March 2008, to the satisfaction of Council, that Cr. Watkins be censured for his actions.

At the Ordinary Meeting of Council on the 18 March, 2008 to allow Cr. Watkins procedural fairness and additional time to consider his actions, the following resolution was determined.

A Motion (minute No 33849) was moved by Cr. Wall (Mayoral Minute) that If an apology, in accordance with minute 33807 is not forwarded to the General Manager by the Completion of Business, Friday 04 April, 2008, to the satisfaction of the Council, that Cr. Watkins be censured for his actions.

On Thursday 27 March, 2008, Cr Watkins forwarded two emails to me regarding a request for further information so he could tender an apology within the prescribed time. The emails are attached (Annexure A). Regarding Cr. Watkins attached email (Annexure ‘A’) and questions he asked, I would offer the following comments:

• The Conduct Committee Report was concise and descriptive in explanation as to “Why” the original email to the General Manager regarding Ms Lisa Schiff was determined to be improper and disrespectful.

• Regarding Cr Watkins questions as to “How” to lodge an apology. Minute 33807 states “a written apology is to be lodged” with Minute 33849 stating “it is to be forwarded to the GM by the COB, Friday 04 April, 2008”.

Mr. Shaun Chandler received a further email from Cr Watkins (Annexure ‘B’) with a letter attached (Annexure ‘C’) on the 03 April 2008. Given the context and nature of Councillor Watkins email dated 27 March, 2008, and his correspondence to Mr Chandler dated 03 April 2008, I would suggest to Councillors that Cr Watkins narratives are not sincere regarding an apology in accordance with the findings of the Code of Conduct Committee Report and subsequent Council Resolutions. Therefore I offer the following recommendation:


ANNEXURE ‘A’ TO ITEM NO. 1 – MAYORAL MINUTE


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ANNEXURE ‘B’ TO ITEM NO. 1 – MAYORAL MINUTE

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ANNEXURE ‘C’ TO ITEM NO. 1 – MAYORAL MINUTE

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RECOMMENDATION 1. That Councillor Watkins be censured in accordance with the Code of Conduct

Committee’s recommendation (19 February 2008) and Minutes No. 33807 (19 February 2008) and 33849 (18 March 2008) on the grounds that he breached Council’s Code of Conduct and did not submit an appropriate apology within the time frame given.

2. That this report and associated documentation and all other matters relating to Cr.

Watkins previous censure motions and complaints be forwarded to the Director General, Department of Local Government as Council believes that grounds may exist that warrant the councillor’s suspension.


Councillor G D Wall 2. CORRESPONDANCE - MR KENNETH J HESELWOOD

EF08/84 Précis: I have received a letter (Attachment ‘D’) from Mr. Kenneth J. Heselwood a Belgium native offering his tribute and gratitude to Private Frank Bennett Randall (KIA 19.09.1917 – Ypres) and all Australian Soldiers who made the ultimate sacrifice during the Great War.

********* I have taken the liberty of responding to Mr. Heselwood (Attachment ‘E’) on behalf of our Communities, to offer our sincere thanks and gratitude for his correspondence. Given that this year marks the 90th Anniversary of Armistice Day (11 Nov 1918 - 2008) I thought it appropriate to present Mr. Heselwood’s correspondence to Council and the Community RECOMMENDATION That this report be received and information noted.


ANNEXURE ‘D’ TO ITEM NO. 2 – MAYORAL MINUTE

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ANNEXURE ‘E’ TO ITEM NO. 2 – MAYORAL MINUTE

Office of the Mayor 30 March 2008

Kenneth J. HESELWOOD Rue Emile Bouilliot 2 BE – 1050 Brussels BELGIUM Dear Kenneth I forward this letter, to offer my sincere thanks and gratitude on behalf of the Communities of Dungog Shire, which includes the Township of Gresford and a grateful Australian Nation. The letter that you forwarded to me thanking the Australian people and our valiant servicemen and Women who paid the ultimate sacrifice during the Great War was particularly moving and appreciated. I hope you do not mind, but I have taken the liberty of including your letter in our Council Business Paper and introduced it to our Community by way of a Mayoral Minute. To illustrate how we as a Nation revere our Service Men and Women I would ask you to peruse the web site http://www.warmemorialsnsw.asn.au/ which provides a descriptive and pictorial display of War Memorials located in all the Cities and Towns throughout the State of New South Wales. To offer some background to Dungog Shire and the Township of Gresford, the Dungog Shire Council website is http://www.dungog.nsw.gov.au/ I have also attached below a speech which I use frequently at Remembrance “Armistice” Day Services which I find depicts the true Australian Spirit and naturally defines the impact that all Nations endured during the Great War. “Today we pause with awkward humility, free and confident heirs to a legacy of self-sacrifice in commitment to one another, our nation and the ideals of mankind. The guns fell silent on this Armistice Day, 11 November 1918, at this hour 11.00 am. No words can do justice to the lives of the 61,720 Australians who were then dead. How do we bring meaning to 155,000 Australians wounded, returning as they did forever changed into the arms of families? Much that is precious was left behind. In the soils of Gallipoli, Passchendaele, Fromelles, Messines, Hamel, Pozieres, Mouquet Farm, Villers-Brettenoux, Bullecourt and so many other places remained mates, innocent youth and all that can be cherished.

Cr Glenn Wall 104 Allyn River Road East Gresford NSW 2311 Ph: 49389462 Fax: 49389610

Council's Vision A vibrant, united community, with a sustainable economy. An area where

rural character, community safety, and lifestyle are preserved.


We did not see them in battle, their courage, support of one another and irreverent humour. Nor did we sense their heroic fear. In retreat at Moquet Farm, Captain Harry Murray, saw a bomb drop two men in front of him. One fell, assumed by Murray to be dead. But as he jumped over him, the man's eyes opened. Murray later wrote, "His leg was doubled and twisted, and although he did not speak, his eyes were eloquent. It was then I fought the hardest battle of my life, between an almost insane desire to continue running and save my own life, or to comply with the sacred traditions of the AIF. I often dread to think what I might have done. I was safe enough at the time, and all I had to do was keep on going; and despite that poor twisted leg, those mute lips, and pathetic eyes, it was only the mechanical habit engendered by strict discipline, that forced me to do what I did. I dropped to my shaking knees, caught him by the arms, and pulled him on to my back. He helped me like a hero with his one sound leg, and off we staggered with Fritz just coming into our bay." They forged national identity in values that are ours. Ones that make us who we are. The nature and magnitude of their sacrifice, from a nation of barely 5 million people who twice rejected conscription, laid the foundation for belief in ourselves. Our young nation emerged to take its more confident place in the world. No group of Australians has given more, nor worked harder to shape and define our identity than those who wore - and now wear - the uniform of the Australian soldier, sailor or airman. It is easy from the safe distance of this century to settle for the abstract, the broad brushstrokes of history - to forget sacrifices made in our name. Each of them had only one life - only one chance to use in it in a way that served the interests of others and the welfare of our nation. All who wear Australia's service uniform remind us that there are some truths by which we live that are worth fighting to defend. We honour them by the way we use our lives and shape our nation. Let us recommit ourselves to never place position above principle. None of us is "just a private". Their Australia - our Australia, will always judge values more important than value and our responsibility to one another will always transcend and define our rights. In responding to an American DJ complimentary of her song, "Poster Girl" and Australian soldiers, Australian country music singer Beccy Cole stated; "My Australia is a country of fiercely loyal buggers who stand by their mates and who won't back down from their beliefs." We now face distant horizons and new but no less ubiquitous or dangerous threats to that for which this nation has stood in its short history. We need these qualities more than ever. To feel some connection with Australian War memorials, with the Unknown Soldier and the names on the walls and plaques is to be fully Australian. After the bloodbath that was Fromelles, Sergeant Simon Fraser spent three days bringing in the wounded.


Exhausted, a voice rose through the fog from no man's land, "Don't forget me, cobber." He didn't. We won't. We never will. Lest we forget.” Kenneth, I have also taken the liberty of forwarding to you the Service Record of Private Frank Bennett Randall who you very kindly paid tribute to. Again, on behalf of the Greater Communities of Dungog Shire and Australia I offer my heartfelt best wishes and wish you Godspeed and Heath and Happiness for the future. Sincere Regards Glenn Wall Mayor Dungog Shire Council

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GENERAL MANAGERS REPORT

Craig Deasey 1. REVIEW OF NSW LOCAL GOVERNMENT INVESTMENTS EF 07/34 Précis: Reporting on the release of the Cole report into NSW Local Government Investments.

********** Councillors would be aware of the recent media release by the NSW Government reporting on the reported losses incurred by a number of Councils throughout NSW that have been caught up in the recent financial collapses in the USA as a consequence of the sub-prime mortgage market. Many of the Councils that have recorded losses and write-downs on the value of their investment were utilising an investment product known as a CDO (Collateralised Debt Obligation). The utilisation of various investment packages by Councils is subject to a Ministerial Investment Order as released by the Minister for Local Government. Aside from the Order, Council also has fiduciary obligations to conform with the Trustee Act, in the case of Dungog Shire Council from a “prudential person” element, the Councils investment portfolio has been structured on a conservative basis dealing with recognised institutions without leveraging into complex financial structures. Accordingly Council has not reported any capital losses in relation to our investment portfolio. The old adage “risk equals return” seems to ring true at present and whilst Council could have ventured into the more diversified capital markets, the staff of the Council do not have the expertise to administer more complex arrangements. Whilst staff could place all of the Councils investments into the hands of fund managers to achieve a greater yield it is a process that will need to be reviewed by Councils Responsible Accounting Officer when resources become available. The report from the Cole Inquiry is welcomed as well as the proposed reforms, it should be noted by Councillors that one of the institutions which was critical of Councils investment performances in their submission to the Percy Allen Inquiry into NSW Local Government Financial Sustainability is a major player in a number of the Councils that have reported financial losses. IMPLICATIONS Nil report is for information purposes only. RECOMMENDATION That the report be received and the information noted.


Craig Deasey

2. LEGAL ASSISTANCE GOSFORD CITY COUNCIL EF 08/358 Précis: Reporting on correspondence from the LGSA seeking financial assistance for Gosford City Council under the LGSA legal assistance policy.

********** Council has received the following correspondence from the Local Government & Shires Association, the principles are as outlined within the correspondence from the LGSA and they are seeking a contribution from Council in the amount of $1,892.46.


Council earlier this financial year resolved to provide a monetary contribution less than the amount computed under the LGSA policy in the matter of Bankstown Council/Almado Holdings P/L, in light of the nature of this case and the principles upon which the case was argued by Council I am reluctant to recommend that Council meet our calculated contribution under the policy. IMPLICATIONS Financial Funding for this matter would be provided from Councils Sec 356 Budget RECOMMENDATION For Councils consideration.


Craig Deasey 3. NSW DEPARTMENT OF LOCAL GOVERNMENT CIRCULARS EF08/142 Précis: Providing a summary of circulars that have been released by the Department of Local Government.

********** The following circulars have been released by the Department of Local Government and the intent of this report is to keep Councillors informed of changes and/or requirements that Council officers may be required to implement. The circulars themselves may be found on the Departments website (www.dlg.nsw.gov.au). It is not the intent to reproduce such circulars but moreso provide them as a point of reference to Councillors should they wish to undertake further research. When there is a requirement to inform Councillors or designated officers of a matter correspondence and attachments will still be submitted to all Councillors in accordance with the requirements of the Director General of the Department of Local Government. Such circulars will be highlighted in bold text. The following Circulars have been released by the Department since 1 March 2008.

Date Circular No.

Details

07/03/08 08-08 Change to Local Government election date.

31/03/08 08-09 Grants to Local Government for playground upgrades.

Aside from Circulars there are numerous publications which are released upon the Departments website. There were no new publications released during March 2008. IMPLICATIONS There are no implications associated with this report, information only. RECOMMENDATION That the report be received and the information noted.


Craig Deasey

4. 2008 SHIRES ASSOCIATION CONFERENCE EF08/248 Précis: Reporting on the annual Shires Association of NSW Conference, to be held in Sydney from the 2nd to the 4th June 2008.

********** The 2008 Shires Association Conference will be held at the Sofitel Wentworth, Sydney and the theme of the conference is ‘Accentuate the Positive’. The welcome reception for the conference is on Monday 2 June, and the opening ceremony will be held on the morning of Tuesday 3 June. The conference business sessions will run on Tuesday 3 and Wednesday 4 June, with the conference dinner on the Tuesday evening.

A copy of the program is unavailable at this stage as they have not been released by the Shires Association as yet.

On Monday 2 June 2008 is the LGMA Forum at Star City Hotel. Councillors who have attended the conference in the past have also attended this forum however this is optional and a copy of this program is not currently available from the LGMA. IMPLICATIONS Financial The cost of attendance for the Shires conference this year has not been released by the Shires Association as yet but in 2007 the cost was $525.00 excluding GST (if registered by 23 April 2007) plus travel & accommodation. The LGMA Forum will be an additional fee in the range of $320-$350 GST excl. per Councillor Last year the Mayor, Crs Low and Murrell and the General Manager attended. Accommodation will again be arranged in a venue in proximity to the conference similar to last year which resulted in daily savings to the Council in the order of $250 as opposed to the Shires Association preferred accommodation providers. There are no Community, Statutory, Consultative or Environmental implications to this report.

RECOMMENDATION That Council determine who should attend.


Greg Fenwick 5. BARRINGTON TOPS TOURISM MARKETING INITIATIVE EF08/304 Précis: Reporting on the progress of the Barrington Tops regional marketing project supported by Council, the Hunter Regional Tourism Organisation (HRTO) and the Australian Government’s ATDP funding program.

********** The Barrington Tops Tourism Initiative (BTTI) has progressed very quickly following the reporting of the previous meeting. Campaigns have begun at the Westfield sites in Tuggerah and Kotara, bus images have began appearing in the Central Coast and Hunter Regions and the e-marketing activity is due to begin mid-April. Billboard sites throughout these regions are also being utilised over the next two months on a rotating basis. The first stage of brand awareness has been boosted with the regional presence at the Rosehill Caravanning and Camping expo (March 29 – April 6) where an estimated crowd of over 100,000 attended. To ensure that this highly valued project is managed correctly a representative of AusIndustry attended the recent Project Management Committee (PMC) meeting and ensured that all participants are fully aware of their responsibilities in line with the contract details. As the department representative outlined in his presentation the need for accurate and timely reporting is of the highest importance and the management team from HRTO, where the governance responsibility rests, are fully aware of their overall role. Throughout the development of this project, John Rydge, as the Committee Chairman, has been a driving force in the successful development and implementation of the initiative. John has made the decision to retire from his involvement in regional tourism marketing and announced this decision at the most recent meeting. John was warmly thanked by those present for his previous involvement and supported the election of Michelle Ebbin, Marketing Manager at Riverwood Downs, as his replacement on the committee. The next phase of the marketing campaign will include the redevelopment of our local and regional websites and the involvement of Barrington Tops Tourism in cooperative campaigns with Tourism NSW as a development of stronger links with the Sydney based shortbreaks market. IMPLICATIONS Financial There are no financial implications to this report Community The community will remain to be informed throughout this campaign through local media outlets and tourism industry publications to our local operators. RECOMMENDATION That Council accepts the content of this report and continues to be informed of the progress of this marketing campaign and its effectiveness for local tourism based activities.


Cr S Farrow and Greg Fenwick 6. LGSA TOURISM CONFERENCE 2008: TOURISM EF 08/173 Précis: The Economic Development and Tourism Coordinator, Greg Fenwick and Cr Farrow attended a three day LGSA Tourism Conference at Lismore, NSW between the 12th and 14th March 2008.

********** The Theme for the conference was “Partnerships, Infrastructure and Community Engagement; Keys to Successful Tourism.” During his address Minister Brown pointed out that “$1 invested in tourism generates a return of $4.30 to the community - which is a considerable incentive for councils to look for ways to enhance opportunities”. However, it is difficult for many communities to raise that first dollar. Cr Bruce Miller, President Shires Assoc of NSW noted “Improving infrastructure, particularly by improving regional rail services, would make it easier and more desirable for people to travel to other destinations - and would also benefit residents”. This set the tone for the conference over the next 2 days.

Partnerships in Tourism were the theme of the Conference and presenters shared their strategies in partnering with other communities, government and within the industry to develop tourism. There are many examples of councils partnering with community and conservation groups and reaping significant economic and social rewards. It was pointed out that community involvement, particularly through volunteers, is a sure fire way to get mileage out of tourism investment. And we need to support their commitment.

Given the success of the Conference, delegates resolved to hold another one next year. The conference was run by the Local Government and Shires Associations of NSW in partnership with Tourism New South Wales, and supported by the Tourism Industry Council. It was sponsored by Countrylink and Regional Express, and is being hosted by the Northern Rivers collaboration of Lismore City Council, Richmond Valley Council, Kyogle Council and Southern Cross University.

Sponsors and Exhibitors provided information to all delegates through their participation in information booths which were staffed during beaks in the program to allow for specific issues to be discussed. The exhibitors included:

• Regional Express • Country Link • Lismore Tourism • The Australian Centre for Event Management • Ballina RSL / Ballina Coast and Hinterland • Caravan and Camping Industry Association of NSW • Aurora Research / NSW AVIC network • NSW Film and Television Office • Tourism Research Australia.


A list of key speakers and topics are summarised in the following table: Conference MC Sorrel Wilby Keynote address Hon. Matt Brown, NSW Minister for Tourism Tourism NSW overview and case studies John O’Neill, Exec Director, Tourism NSW Offsite stream one, attended by GF Regional Cities and Environs Topics included Integrating tourism partnerships into core

business How tourism research can assist local

Government and industry Tourism impacts on LGA’s Offsite stream two, attended by Clr Farrow Hinterland Case Study, Nimbin and Kyogle Same place different story, the dual reality of

tourism Destination filmmaking Value adding to existing partnerships Why events tourism is so important Renata Rispoll, Events NSW Panel – The role of Local Government in tourism

Question and answer, discussion session

Council Case studies Blue Mountains, Shellharbour, Dubbo and Lismore

Panel - Is tourism more than business? Temora Council, Australian Convention Bureau, Victorian Employees Chamber of Commerce

Key speakers at the conference have provided notes which are available on the LGSA website at; http://www.lgsa-plus.net.au/www/html/2079-speakers-and-presentations.asp . IMPLICATIONS There are no further implications to this report. RECOMMENDATION That the report is received and the information noted.


Greg Fenwick 7. ECONOMIC DEVELOPMENT COMMITTEE EF08/970 Précis: Reporting on the activities of the Economic Development Committee.

********** To allow Council to be further aware of the activities of the Economic Development Committee the minutes of the meeting held in March 2008 have been attached to this report as Annexure “A“. IMPLICATIONS There are no implications to this report. RECOMMENDATION Council accepts this report on the activity of the Economic Development Committee and remains aware of future activity.


ANNEXURE ‘A’ TO ITEM NO. 7 – GENERAL MANAGERS REPORT

ECONOMIC DEVELOPMENT COMMITTEE DUNGOG SHIRE COUNCIL

Meeting: EDC - Monthly Meeting

Date: 27 March 2008 Time: 5.00 pm

Present Clr Margaret Flannery, John Evers, Craig Deasey, Kevin Hawtin, Clr Glenn Wall, Kate Murphy

In Attendance Greg Fenwick

Apologies Felix Prentice

Absent

Agenda Item Discussion Action

Due Date

1

Minutes from previous meeting

The minutes of November’s meeting were accepted by KH, 2nd MF.

2

Business arising from the minutes

There was no outstanding business arising from these minutes.

3

Reports

Dungog Chamber of Commerce / Dungog – Kate • Chamber of Commerce Business Awards were discussed

as nominations have now closed. The dinner will be held at the Dungog Golf Club on May 17th, 2008 starting at 6.30pm.

• Belinda Blanch has been working on the awards and has been assisting in the coordination of the entry process, judging panel and the presentation dinner.

• The March dinner meeting was held at Chill Billies and was attended by approx 20 people.

• Comment that the business community meeting held on 26th March was well organised and most businesses represented had taken a positive approach to making sure the job was done ASAP.

• Continued involvement with the TDCRG and corresponding media exposure has been an ongoing process. Many positives appear to be coming in through the efforts of the Economic development sub group.

• Question re the proposed sale of the ACF site was answered by CD.

• Further question and discussion regarding the rezoning application for employment land in Common Road / Hillview area.


• Project with Allen Shrimpton and flooded road safety

issues will be developed throughout April. The corresponding business and services guide is also hoped to be ready for printing by mid April.

• Helen Graham has been working with the Dungog Film Festival to organise food delivery during the festival.

Gresford – John Evers • The minutes of the Gresford Community Group have been

circulated by that committee. • The 2008 Billy Cart Derby and Fair was very successful

despite the showery weather with approx 2000 estimated to have been in attendance. All businesses appeared happy with the outcomes for the day.

• The need for effective signage to be completed was discussed more communication will be expected between all parties concerned and completion will receive a higher priority.

Paterson – Kevin Hawtin • Discussion re skate park in Paterson following the

successful completion of the Gresford facility. Tucker park and the Sportsground were considered to be the only reasonable sites.

• Installation of power poles / light poles has been ongoing with the donation of poles and local assistance.

• Lighting issues need to be finalised with Country Energy as they cannot be connected to the un-metered street light system. All boxes have been positioned above recent flood levels and the positions for light around the site are currently being determined.

• Issue of public toilet signs throughout the town remains unresolved and the request will be passed through to the relevant council officer.

• Further discussion regarding community maintenance issues

• Discussion regarding the current state of affairs in regards to the Martin’s Creek quarry issues, it was noted that the reference group has not met since November formation. The community needs to follow up through this mechanism.

• Comment re the feedback from motorcycle enthusiasts would indicate that shire roads are in need of a lot of improvement before “motorcycle friendly” status could be attached.

Margaret Flannery • Discussion re the Dungog Film Festival and the positive

response to “friends of” meetings • Support for the trivia night was discussed • The positive aspects of home hosting also were raised. Economic Development & Tourism - Greg Fenwick • Summary of activities concerned with the LGSA Tourism

Conference recently held in Lismore and attended by Clr Farrow and Greg


General Business

• The beginning of the Barrington Tops Tourism Marketing Initiative, funded by a grant from AusIndustry and cooperative support from Council and businesses, was outlined. The current focus is on the delivery of outdoor advertising to increase the awareness of the Barrington Tops. This is complemented by an on-line campaign which will begin in April and target the Sydney market.

• Attendance at the Hunter Economic Development Forum was outlined where key issues regarding training through a strategic skill program as a VET response to skill shortages.

• Other presentations by the Hunter ACC informed the group that the structure will be under review and Regional partnerships program has been cancelled. All grants that were under review and not contracted prior to the 2007 elections will be cancelled and all applicants will be asked to reapply under new, tougher guidelines.

• There will a Hunter based Innovation festival between 5-15th May,2008 where more than 50 events will be held over 2 weeks. More information is available at www.ausinnovation.org

Glenn Wall has been working on a road access study to support funding requirements of the area as a result of increased activity in the area and especially related to the development of the Tillegra Dam infrastructure. NRMA representatives have visited the area since the study was completed and it has been reviewed by the Premier’s Dept and RTA. The study revealed a need for $43 million but the request was modest in comparison to achieve a reasonable result. Discussion regarding the need to ensure that the positive aspects of this development are also placed in the public forum through the press and that the next 20-30years become the focus of the need for a positive view. The role of the Whole of Government taskforce was also discussed to ensure that members had an understanding of the issues involved. General discussion re the impact of S94 contribution plans and the manner in which they are imposed on the development of existing entitlements. Members were assured that all reports on the matter are available through the Mayor or ED & T Coordinator. Meeting Closed 7.25pm Next meeting: Thursday April 24th, 2008.

Chairperson Date

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Tracey Lowrey 8. COMMUNITY PROJECT OFFICER REPORT Précis: Reporting on Community Project Officer’s activities for the period January to March.

**********

Over the last 3 months I have been actively promoting positive Council participation in a variety of activities and organisations within our local community. Hunter Area Assistance Scheme Local Ranking Committee meet in late November and ranked our 2 eligible projects with high priorities. These high ranked projects were presented to RAC in February with the outcome to be known in the coming months. Dungog & District Community Care Forum This forum meets quarterly and consists of various health providers/ community services within our Shire and the government agencies they are associated with. Dungog Neighbourcare were successful in receiving funding to conduct a transport service between Dungog and Clarence Town utilising the local bus companies. Most services running at capacity with limited placements available particularly in the area of Domestic assistance. A successful mobility day was held in November with Council including their scooter safe workshop as part of the programme highlighting the importance of Council partnerships with community organisations. A growing concern was ongoing vandalism to the Senior Citizens Day care centre in Clarence Town which was not assisting their ongoing lobbying for funds to extend their existing premises. Dungog Youth Interagency In partnership with Dungog Information Neighbourhood Service, Dungog Shire Council, Dungog Youth and Family Counselling Service, Dungog High School and our local School Counsellor meet bi monthly to discuss youth issues, ideas and opportunities for youth within our Shire. It is being negotiated how Dungog LGA can access the PCYC activity van particularly on a Friday or Saturday afternoon. Ongoing discussions are taking place on establishing a youth forum to allow young people a voice within the local community. A number of youth enquiries with regards to Clarence Town Skate park completion. Preparations are underway for a Bar B Que in the grounds of DINS as part of the Youth Week celebrations for those youth who are no longer at school (disconnected youth). A number of activities for Youth Week has been organised throughout the shire including an Art Expo in Dungog, Music gig at Clarence Town and social bowls afternoon at Gresford. Dungog Health Forum Dungog Shire Health Forum has resumed for 2008 with Disability Accommodation in our LGA being identified as an important issue. Access Committee International Disability Day was held in November with some 20 participants joining in on the day’s activities. Cancer Council supported the day by providing entertainment for the children with a visit from Syd the seagull. The Access committee will hold its first meeting for 2008 later this month.


RAVNET Dungog Shire Rural Anti Violence Network meets bi monthly to discuss strategies around non violent relationships. The community forum established two specific outcomes – Community awareness and education. Utilising local service providers specific programmes will be implemented in Term 2, one of these includes a series of workshops for women – Women’s Wisdom. COMMUNITY EVENTS Council participated in a Careers Quest at Dungog High School with Year 9 it provided an opportunity to promote careers within local government and opportunity for young people to discuss their concept of what local government is all about. International Women’s Day was a great success with over 40 women both matured and young attending. The panel of local women shared incredible stories of strength and encouragement. Both of these events provided an opportunity for consultation allowing varying ideas of what services are not available or accessible to be highlighted and a mini survey was completed with its outcomes forming part of the updating process of the social community plan. NATIONAL WEEKS Council have been successful to secure funding for International Women’s Day, Seniors Week and Youth Week. Various workshops, activities and events are being coordinated and will be held throughout March and April. Council participated in Clean Up Australia Day with two registered sites one each in Gresford and Clarence Town with Gresford collecting over 2 tonne of rubbish. Dungog Girl Guides and Scouts co coordinated their own clean up events. IMPLICATIONS Financial Full costs of the activities have been absorbed by successful grant applications and accordingly Council has not been required to commit any funding. Community/Consultative Discussion of the activities took place with the various organisations involved. Statutory No implications associated with this report. RECOMMENDATION The report be received and the information noted.


CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGER'S REPORT

Shaun Chandler 1. STATEMENT OF INVESTMENTS

EF 08/220

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 Local Government Act.

**********

The Statement of Investments as at 31 March 2008 incorporating the Responsible Accounting Officer's Certificate is attached as Annexure "A".

IMPLICATIONS There are no financial, statutory, environmental, community or consultative implications associated with this report. RECOMMENDATION That the report is received and the information noted.


ANNEXURE "A" TO ITEM NO. 1 - EXECUTIVE MANAGER CORPORATE SERVICES REPORT

Hereunder is a schedule of amounts invested as at 31 March 2008. Institution Period Due Date Interest Amount

I M B 33 days 29.04.08 7.75% $ 150,000

I M B 43 days 13.05.08 7.80% $ 500,000

I M B 33 days 29.04.08 7.75% $ 1,000,000

L G F S 11am Call At Call 7.15% $ 330,000

L G F S At Call (7 days) At Call (7 days) 8.58% FRN 30 days

$ 522,491

M M B S 35 days 15.04.08 8.09% $ 800,000

M M B S 35 days 29.04.08 7.94% $ 800,000

M M B S 36 days 08.04.08 7.98% $ 500,000

M M B S 35 days 15.04.08 8.09% $ 850,000

M M B S 3652 days 31.05.15 8.82% FRN 90 days

$ 500,000

Bendigo Bank 1827 days 09.11.12 8.7067% FRN 90 days

$ 500,000

N A B 63 days 06.05.08 7.70% $ 250,000

N A B 63 days 06.05.08 7.70% $ 100,000

NEWPERM 35 days 15.04.08 7.86% $ 200,000

NEWPERM 35 days 29.04.08 7.71% $ 400,000

NEWPERM 33 days 29.04.08 7.75% $ 1,000,000

$ 8,402,491 Fund Amount

General $ 6,022,032 Water – Clarence Town $ 288,635 Water – Dungog $ 1,083,892 Water – Paterson $ 124,559 Water – Gresford $ 9,361 Sewer – Clarence Town $ 0 Sewer – Dungog $ 874,012 $ 8,402,491

REPORT (Responsible Accounting Officer) I hereby certify that the above Investments have been made in accordance with the Local Government Act 1993, Local Government (General) Regulation 2005 and Council’s Investment Policy. S L Chandler RESPONSIBLE ACCOUNTING OFFICER

lynbFile AttachmentEMCS A to 1.pdf


Shaun Chandler 2. WORKS COST STATEMENT

EF 08/221 Précis: A selective summary of expenditures on capital works and maintenance expense areas within Council’s roads, bridges, cemeteries, toilets, parks and sports grounds cost centres.

******** The Works Cost Statement for the period ending 31 March 2008 is attached for Councillors information as Annexure "B". Based upon 9 months of the year completed notional expenditure levels should be around 75% of budget allocation. No works have yet been undertaken in relation to resealing on urban and rural roads with such works to be undertaken in the next quarter weather permitting. Other maintenance expenditure on roads and bridges shows varying levels of expenditure with most below the nominal 75% for this period. Expenditure is expected to increase in the final quarter of the financial year to fulfil Councils budgetary commitments. Continued rain and warm weather has required increased mowing activities on Councils Sporting Grounds, Parks and Reserves and Public Cemeteries. Sporting Grounds 81%, Parks and Reserves 90% and Public Cemeteries 89% are all reporting higher levels of expenditure than the notional 75%. All other maintenance items are currently within or near budget allocations and are in line with expected levels of expenditure. Regional roads maintenance and traffic facilities expenditure is below budget allocations and reseal works are yet to be commenced in the year. Capital works programs are at varying levels of completion and expenditure reflects such activity. Separate reports are to be presented to Council on the MR101–Sth of Maxwell Creek Mill and RR7778 Sth of Fishers Hill Road projects by the Infrastructure and Assets department. All other capital works programs are within budget allocations. Councillors are referred to the works progress report within the Infrastructure & Assets area for further details on individual projects, including scheduled dates for commencement for individual projects and works undertaken in the prior month. IMPLICATIONS There are no financial, statutory, environmental, community or consultative implications associated with this report. The report is for information purposes only. RECOMMENDATION That the Works Cost Statement for the period ending 31 March 2008 be received and noted.


ANNEXURE ‘B’ TO ITEM NO. 2 – EXECUTIVE MANAGER CORPORATE SERVICES REPORT

Description Original Approved Proposed Revised Expend Expend Expend % Vote Vary Vary Vote 31-Jan 29-Feb 31-Mar Spent

Urban Roads Maintenance 147,000 0 0 147,000 64,975 85,010 101,275 69% Urban Roads Heavy Patching 10,000 0 0 10,000 0 0 0 0% Urban Roads Reseals 52,800 0 0 52,800 0 0 0 0% Urban Roads Storm Damage 0 28,660 36,940 65,600 28,660 28,726 28,726 44% Rural Roads Sealed Maintenance 474,080 0 0 474,080 213,123 279,836 353,718 75% Rural Roads Reseals 255,000 0 0 255,000 0 0 0 0% Rural Roads Unsealed Maintenance 324,500 0 0 324,500 66,637 113,408 132,174 41% Rural Roads Unsealed Upgrades 54,100 0 0 54,100 0 0 0 0% Rural Roads Storm Damage 0 261,998 277,127 539,125 321,316 335,336 335,336 62% Bridges Maintenance 336,000 0 0 336,000 81,641 85,688 97,072 29% Bridges Storm Damage 0 36,352 50,773 87,125 36,432 36,432 36,432 42% Tree Planting & Maintenance 6,900 0 0 6,900 534 534 593 9% Traffic Facilities 48,900 0 0 48,900 6,079 10,710 10,710 22% Footpaths M & R 33,200 0 0 33,200 8,480 9,170 9,370 28% Sporting Grounds 48,500 0 0 48,500 29,392 33,899 39,286 81% Parks & Reserves 90,000 0 0 90,000 49,692 55,935 80,711 90% Public Conveniences 52,000 10,000 0 62,000 23,484 26,960 34,656 56% Public Cemeteries 25,600 5,000 0 30,600 19,452 23,157 27,102 89% Total Maintenance Works 1,958,580 342,010 364,840 2,665,430 949,896 1,124,801 949,896 36%

Monthly percentage 75% Roads & Traffic Authority Regional Roads Maintenance 650,000 21,000 0 671,000 232,779 325,588 340,714 51% Regional Roads Reseals 155,000 0 0 155,000 20,152 152 152 0% Traffic Facilities 45,000 0 0 45,000 21,807 27,507 28,429 63% Regional Roads Storm Damage 0 183,285 340,095 523,380 265,847 270,593 271,019 52% RTA Grants - Repair/Auslink/Blackspot MR101/301 intersection . 0 0 0 1,598 7,438 7,438 MR101 - Sth of Maxwell Creek Mill 0 1,241,101 0 1,241,101 1,574,953 1,599,007 1,599,007 129% MR101 - Grace Ave to Gostwyck Bridge (carry over) 0 914,968 0 914,968 910,371 912,279 914,733 100% MR101 - Cemetery Rd to Hawleys Bridge 405,000 0 0 405,000 22,719 88,753 149,688 37% MR101 - Gostwyck Hazards (Bspot) 112,000 0 0 112,000 0 0 0 0% RR7778 - Lennoxton Rd to Vacy 0 474,141 0 474,141 477,646 476,675 476,675 101% RR7778 - Sth of Fisher Hill Rd 0 396,356 0 396,356 512,760 632,218 632,310 160% MR301 - C/town Cemetery Rd 1.5 Sth 0 0 35,000 35,000 89 3,209 15,717 45% MR301 - Parers Hill Realign 627,000 0 0 627,000 6,150 16,835 18,485 3% MR301 - Nth of Erringhi Street 523,000 0 -523,000 0 0 0 0 MR301 - O'Loughlin to Quarry 418,000 0 0 418,000 2,118 2,118 2,118 1% Liimeburners Hazard (Bspot) 60,000 0 0 60,000 1,139 1,139 1,139 2% Roads to Recovery Funding Grace Ave - Station St to MR101 (RSA) 0 180,238 0 180,238 180,057 180,057 180,057 100% Dowling Street Rehabilitation 0 355,752 0 355,752 0 0 788 0% King & Duke Street rehabilitation 155,752 -155,752 0 0 0 0 0 Church St/Webbers Crk Patterson (R2R) 95,000 0 0 95,000 75,415 81,045 83,941 88% Summerhill Rd 5.1-6.3 (R2R) 260,752 0 0 260,752 0 0 0 0%

Council FAG/Sec94/Flood Damage Bridge Construction Chads Creek 1st Bridge 0 0 0 0 0 0 0 Guygallon Bridge (FAG) 125,000 0 0 125,000 0 0 0 0% James Bridge (FAG) 70,000 0 0 70,000 0 0 0 0% Road Construction Lord/Mackay St intersection (Bspot) 41,000 0 0 41,000 0 0 0 0% Limeburners Creek Rd - East of Rocky - (Fag) (carry over) 0 344,585 0 344,585 70,621 70,621 70,621 20% Paterson River Rd-Guygallon realign (FAG) 133,930 0 0 133,930 0 0 0 0% Alison Rd 3.2-4.4 (FAG) 265,000 0 0 265,000 153,197 197,890 197,890 75% Hancock Ave (Fag/Con/RA) (carry over) 0 0 0 0 0 0 0 Dowling St Improvements (RA) 0 0 0 0 0 0 0 Total Capital Works 4,141,434 3,955,674 -147,905 7,949,203 4,529,418 4,893,124 4,529,418 57%

lynbFile AttachmentEMCS B to 2.pdf


Shaun Chandler

3. COUNCILLORS TRAVELLING & OTHER EXPENSES EF 08/222

Précis: Report on Councillors travelling for Councillors information.

********** Hereunder is a list of meetings/inspections or business of Council held/to be held since the March Meeting of Council. Dungog Showground Committee 25/03/08 Whole of Government Reference Group 26/03/08 Economic Development Committee 27/03/08 Bushfire Management Sub Committee 25/03/08 Manager Planning Interviews 31/03/08 Bushfire Management Committee Community Consultation 01/04/08 James Theatre Community Centre 03/04/08 Bushfire Management Committee Community Consultation 03/04/08 Bushfire Management Committee Community Consultation 07/04/08 Bushfire Management Committee Community Consultation 09/04/08 Council Meeting 15/04/08 IMPLICATIONS There are no financial, statutory, environmental, community or consultative implications associated with this report. Council’s travelling costs are currently within budget. RECOMMENDATION That the report is received and the information noted.


Shaun Chandler 4. ANGLICAN DIOCESE OF NEWCASTLE CHRIST CHURCH, DUNGOG 150 YEARS

CELEBRATION EF 08/3 Precis: Requesting support for Christ Church, Dungog celebration of 150 years.

********** Council has received the following correspondence from Chris Fibbens, Sesquicentenary Secretary of the Christ Church, Dungog celebration of 150 years:

IMPLICATIONS Financial Funding for the donation will be sourced from Council’s budget allocation for Sec 356 Contributions and Donations. Expenditure at 3 April 2008 is $2,932, leaving an available balance of $2,068. RECOMMENDATION That Council donate $100 to the Christ Church, Dungog 150 year celebration.


INFRASTRUCTURE & ASSETS DEPARTMENT EXECUTIVE MANAGER REPORT

Terry AG Wilson 1. PROPOSED ROAD NAME OFF GABULAH ROAD, GRESFORD FOR LINTONPITT

LAWYERS – DAVID CAINS 97/2 Précis: Reporting to Council on objections received to proposed road name – Fenwicks Park Road.

********** Council at its meeting of 18 December 2007 resolved: -

Minute No. 33776 RESOLVED on the motion of Cr Murrell and seconded by Cr Mitchell that: 1. Council approve the new road name of “FENWICKS PARK ROAD” for the unnamed

public road providing vehicle access to Lots 9, 10, 11 & 12 DP 24387 off Gabulah Road, Gresford for advertising. If after advertising the proposal in accordance with Council’s Advertising policy no objections are received then that name be adopted.

2. In addition to advertising, Council will write to individual property owners along this

section of road seeking their comments in regard to a road name change.

3. In the event objections are received and the objections cannot be satisfied those objections will be reported to Council.

4. David Cains from Lintonpitt Lawyers is notified of Council’s resolution. As a consequence of advertising the preferred street name of “Fenwicks Park Road”, 2 objections to the name were received generally outlining the following.

1. The existing formation has been known as “Cawarra Road” by the local principal road users for approximately 18 years.

2. “Cawarra” is synonymous with Gresford. 3. Fenwicks Park was originally part of the historic Lindeman property called “Cawarra”. 4. The word “Cawarra” is a local aboriginal word meaning “by running water” which the

existing formation generally does. In the report to Council in December, it was shown that Mr Cains suggested four possible road names and “Cawarra Road” was Mr Cain’s third preference. Mr Cains was contacted on 25 March 2008 to discuss the submissions and their proposal of naming the road formation “Cawarra Road”. Mr Cains fully supports the new road name of “Cawarra Road”. IMPLICATIONS Financial There are no financial implications, the full cost of advertising and other costs associated with the new street name shall be the responsibility of the applicant. Council will formally contact the applicant in writing prior to re-advertising and outline the costs involved in accordance with Council’s Fees and Charges.


Statutory

The Roads Act 1993 - Section 162 provides the authority for the naming of roads. The Roads (General) Regulation 2000 (Government Gazette No 112) Part 2; Division 2 sets out the procedures to be observed when naming roads. Environmental There are no environmental implications. Community The community has made comment on the first suggested name and will again be given an opportunity to comment on the new proposed name. Consultative “Cawarra Road” was submitted as one of the options available to the Registrar General, Surveyor General and Australia Post as part of the original submissions. All three organizations did not have any objections to any of the names submitted. No further referral to these departments would be necessary. RECOMMENDATION

1. That Council approve the new road name of “CAWARRA ROAD” for the unnamed public road providing vehicle access to Lots 9, 10, 11 & 12 DP 24387 off Gabulah Road, Gresford for advertising. If after advertising the proposal in accordance with Council’s Advertising policy no objections are received then that name be adopted.

2. In the event objections are received and the objections cannot be satisfied those

objections will be reported to Council. 3. That Mr David Cains from Lintonpitt Lawyers is notified of Councils resolution in

particular the costs involved prior to advertising in accordance with Council’s Fees and Charges which amounts to $450.


Terry Wilson

2. CLARENCE TOWN PONY CLUB LEASE AGREEMENT GENERAL MANAGERS SIGNATURE AND COUNCIL’S COMMON SEAL

EF08/159 Précis: Council’s legal representative Borthwick Wilson and Mitchell have prepared a lease agreement between Council and the Clarence Town Pony Club for the use of Council’s land. The lease requires the Common Seal of Council.

********** Council, through their local legal representative, Borthwick Wilson & Mitchell Solicitors, are preparing Lease Agreements to secure and outline the requirements of each and every user group that uses various Council properties. In this particular case the Clarence Town Pony Club Inc in conjunction with Council have agreed to the terms and conditions of the Lease Agreement. The lease now requires the Common Seal of Council. IMPLICATIONS Financial There are no financial implications other than ensuring Council receive a fair rental from each and every users of their property. Statutory There are no statutory implications. Environmental There are no environmental implications. Community There are no Community implications. Consultative The Lease agreement has been prepared in association with the Clarence Town Pony Club. RECOMMENDATION That Council affix the common seal of Council to the lease agreement.


Steve Hitchens 3. WORKS PROGRESS REPORT 184 Précis: Reporting on construction and maintenance works.

**********

Works carried out during the previous month:- Road & Bridge Construction MR101 Martins Creek - Repairs to be undertaken (Contract) MR301 Parers Hill - Construction commenced (Contract) MR101 North Hawleys Bridge- Pavement works continuing Dowling Street Upgrade - Construction works commenced Sealed Road Maintenance Pothole patching works were carried out on Dungog Streets, Salisbury Road, Clements Road, Glen William Road, Allyn River Road, Pinebrush Road Shoulder Grading - MR101, MR7778 Unsealed Road Maintenance Grade/Roll - Webbers Creek Road, Glenburn Road, Keppies Road,

Barford Lane, Fred Gardiner Road, Black Rock Road, Fitness Road

Roadsides Roadside slashing was undertaken on Paterson River Road, Allyn River Road, Lewinsbrook Road, Chads Creek Road, Salisbury Road Sporting Grounds:- During March the following Sporting Grounds were mown (the number of mowings is shown in brackets):- Bennett Park Oval (2), Bennett Park Surrounds (2), Reg Ford Oval (2), Clarence Town Football Oval (2), Gresford Sporting Complex (2) Dungog Showground - Stormwater and retention basin works ongoing Parks/Reserves/Cemeteries:- During March the following Parks/Reserves/Cemeteries were mown (the number of mowings is shown in brackets):- Jubilee Park (3), Lions Park - Clarence Town Road (2), Lions Park - Scott Avenue (1), Lioness Park (2), Frank Robinson Memorial Park (2), Apex Park (2), Bruyn Park (1), Coronation Park (1), Clarence Town Wetlands (1), Tucker Park (1), Orana Park (1), Dungog Cemetery (1), Dungog Lawn Cemetery (2), Paterson Cemetery (1), Clarence Town Cemetery (1) Major Works to be continued or commenced in the next 3 months:- Road Construction

Melbee Subdivision - Stage 4 Sewer works ongoing MR101 North Hawleys Bridge- Rehabilitation works continuing Dungog Showground - Stormwater works continuing


Dowling Street Upgrade - Rehabilitation works (Brown St to Hooke St) IMPLICATIONS

There are no financial, statutory, environmental, community or consultative implications of this report. RECOMMENDATION That the report be received and the information noted.


Greg McDonald 4. REHABILITATION OF GRESFORD ROAD, VACY AND FISHERS HILL EF07/17 & EF07/16 Précis: Reporting on the costs on the above projects and providing Council with alternatives to meet cost overruns.

********** This report contains information concerning contractual matters and issues associated between Council and the contractors for the rehabilitation of Regional and Local roads and as such is confidential pursuant to Section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (c) information that would, if disclosed, confer a commercial advantage on a person with

whom the council is conducting (or proposes to conduct) business.

IMPLICATIONS Financial, Statutory, Environmental, Community, Consultative There are no financial, statutory, environmental, community or consultative implications of this report. RECOMMENDATION That the matter be dealt with in Closed Committee as the report is CONFIDENTIAL as it relates to information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.


Greg McDonald 5. REHABILITATION OF REGIONAL ROADS 101 and 301 – AUSLINK PROGRAM EF08/98 Précis: Reporting to Council on the proposed project amendments to the Auslink Roads program.

********** This report contains information concerning contractual matters and issues associated between Council and the present and future contractors for the rehabilitation of MR101 and MR301and as such is confidential pursuant to Section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (c) information that would, if disclosed, confer a commercial advantage on a person with




Greg McDonald 6. MOTOR GRADER TENDERS PN418 Précis: Reporting on the tender evaluation for tender 418/2008 – Motor Grader

********** This report contains information concerning contractual matters and issues associated between Council and the prospective suppliers of Motor Graders and as such is confidential pursuant to Section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (c) information that would, if disclosed, confer a commercial advantage on a person with




PLANNING DEPARTMENT ACTING MANAGERS REPORT Glen Harper 1. R DARR – LOT D DP 983963 – NO. 42 Chapman Street, DUNGOG DA 19/2008 Development Application No.: 19/2008 Owner: Mr R Darr Applicant: Mr R Darr Land: Lot D DP 983963, 42 Chapman Street,

DUNGOG Zone: 2(a) Residential Area: 467.9 Square Metres Proposal: Carport Issues: Public Submission

******** Proposal A Development Application was lodged with Council on the 14th February 2008 for a carport on Lot D DP 983963, 42 Chapman Street Dungog. The carport is 3 metres by 6 metres with a 3 metre high gable roof. It is proposed to be of steel construction on a concrete slab. The carport was proposed to be located with a front setback of 1.8 metres from Chapman Street and 1 metre from the side boundary. A submission was received during the notification period regarding this proposal. An amended site plan was lodged by the applicant changing the location of the carport to a front setback of 4.6 metres from Chapman Street in line with the front of the existing dwelling house and remaining 1 metre to the side boundary. Planning Assessment Dungog Local Environmental Plan 2006 The subject land is zoned 2(a) Residential under the Dungog Local Environmental Plan (LEP) 2006. The objectives of the 2(a) Residential zone are to:- (a) allow a variety of residential development to meet the needs of settlements that match

the capacity of the environment to sustain such development, and (b) promote residential development, including alterations and additions, that maintain and

enhances the heritage and character of surrounding development as well as the amenity of the existing residents, and

(c) allow a mix of community, service and employment activities which are compatible in scale and impact with a residential environment, and

(d) promote a safe and harmonious community lifestyle, and (e) reduce potential conflict through appropriate land use and development.


Considering the above objectives of the 2(a) Residential Zone, and as the carport is classified as residential development, the above development is considered appropriate, provided that it will maintain and enhance the heritage and character of the area. Public Interest As the proposal did not satisfy Councils required setback of 6 metres from Chapman Street, and the development was located within the Dungog Heritage Conservation Area, adjacent land owners were notified. All adjacent land owners were given two (2) weeks to comment on the proposal. It was determined after the site inspection that the site plan lodged with the application did not accurately reflect the proposal. During the two (2) week notification period, Council received one submission which raised the issue that the carport is located too close to their property, would block their view to the north west and would also shade their garden. Due to the confusion over the proposed location of the carport as shown on the site plan, the adjoining neighbour was advised that the carport would be in line with the front of the house. The amended site plan was sent to the neighbour and given seven (7) days to comment, by which no comment was received. The proposal was referred to Councils Heritage Advisor for comment. Due to the proposed development been relatively minor, the proposal was not advertised in the Dungog Chronicle and nor were the ‘A’ Ward Councilors notified of this proposal. Planning Comments It is the opinion of the planning department that the scenic quality of the area will be depleted by the proposed carport. The location of the carport is considered as being less than appropriate. As the property is located within the Dungog Heritage Conservation Area, the location of the carport at 4.6 metres from Chapman Street will make the carport look intrusive. The proposal would benefit if it complied with Councils setback of 6 metres from Chapman Street. This will bring the carport back behind the existing dwelling. A setback of 6 metres will make the carport less intrusive when viewed from Chapman Street. Heritage Comments Councils Heritage advisor assessed the proposal and provided the following comments:

The siting of the proposed carport as shown on the amended plan as been 4600mm from the front boundary. The alignment of the existing dwelling is not shown but is taken from the plan supplied as also been 4600mm. However, I feel this is still too far forward. My view is that the carport should be set back at the rear and immediately in front of the existing garage. However, noting that the resident is in need of easy access to the carport from the front door, and in an attempt to find a compromise, I recommend that the carport be no further forward than the first setback on the house. This will still allow easy access to the front door and will reduce the impact of the carport to an acceptable level.


The carport should be coloured to be as inconspicuous as possible. This will mean a corrugated profile roof in a colour to match the existing garage or to blend in with the house roof colour. The frame should be in a neutral colour to blend in with the house (eg. Dull cream, fawn etc).

Summary The proposal is for a carport on Lot D DP 783963, 42 Chapman Street Dungog. After a submission was received by Council, the location of the carport was changed from 1.8 metres to 4.6 metres from Chapman Street, but remained at a distance of 1 metre from the side boundary. The proposed carport is permissible with consent within the Residential 2(a) zone under the Dungog Local Environmental Plan 2006. During the notification period, Council received a submission regarding the location of the carport. Councils Heritage advisor commented on the proposal with a recommendation that the location of the carport be no closer to Chapman Street than the first setback of the dwelling house. RECOMMENDATION That approval be granted for a carport on Lot D DP 783963, provided that the carport be erected in order to comply with Councils setback of a minimum of 6 metres from Chapman Street and 1 metre from the adjoining property. The carport roof should be of a similar colour to the roof of the dwelling house and the frame be a neutral colour, similar to the white walls of the dwelling house. This will help the carport blend in with the surrounding area. The carport may be granted consent also subject to compliance with the following conditions:

Attachment A - Conditions of the Development Consent 1. All aspects of the building design shall comply with the applicable performance

requirements of the BCA for a Classification of the building or structure so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by:-

(a) complying with the deemed to satisfy provisions; or (b) formulating an alternative solution which:-

(i) complies with the performance requirements; or (ii) is shown to be at least equivalent to the deemed to satisfy provisions;

or (c) a combination of (a) or (b)

2. All building work must be carried out in accordance with the provisions of the Building

Code of Australia. 3. All fees, Section 94 and other Contributions will need to be adjusted in accordance

with Councils Fees & Charges applicable at the time of payment.

Reason: To ensure all Fees & Charges are paid at the correct rate at the time of payment.


4. The applicant shall ensure that arrangements are made for the Principal Certifying Authority, Council or Private Certifier, to carry out MANDATORY CRITICAL STAGE INSPECTIONS of the building at the stages indicated as follows in bold.

Request for inspections may be made either by telephone or in person. Forty eight (48) hours notice must be given for inspections. Applicants are required to nominate the relevant Construction Certificate Number and

location prior to the inspection request being granted. Note: MANDATORY CRITICAL STAGE INSPECTIONS are required to be carried

out in order to ensure that an occupation certificate can be issued. In the event that any mandatory critical state inspection is not carried out, an occupation certificate cannot be issued.

Clause 163, Environmental Planning & Assessment Regulation 2000. 5. INSPECTION AT COMMENCEMENT OF BUILDING WORK. Advice: The commencement of building work inspection may be carried out at the

same time as the next mandatory inspection. 6. INSPECTION OF FOOTING TRENCHES, with reinforcing steel in position is required

before the footing is poured. 7. INSPECTION OF REINFORCING STEEL, when in position is required prior to

pouring concrete for slab/s, swimming pools or walls. 8. INSPECTION OF STORMWATER DRAINAGE, prior to the covering of stormwater

and drainage connections. 9. INSPECTION OF THE BUILDING OR STRUCTURE, WHEN COMPLETED, is

required prior to occupation or use. Note: It is an offence to occupy a building prior to the issue of an occupation

certificate. Council may issue fines for the occupation of a building prior to an occupation certificate being issued.

Occupation & Subdivision Certificates cannot be issued by the PCA unless all pre-conditions of development consent have been complied with. (Section 109E(3)(e) and Section 109H).

THE PERSON HAVING THE BENEFIT OF THE DEVELOPMENT CONSENT OR THE BUILDER/OWNER BUILDER MUST GIVE FORTY EIGHT (48) HOURS WRITTEN NOTICE TO THE PRINCIPAL CERTIFYING AUTHORITY PRIOR TO COMMENCEMENT OF ANY BUILDING, DEMOLITION OR SUBDIVISION WORK.

10. The applicant shall comply with conditions of Development Consent 19/2008 dated >

issued by Dungog Shire Council.

11. INSPECTION OF THE BUILDING OR STRUCTURE, WHEN COMPLETED, is

required prior to occupation or use.


Note: It is an offence to occupy a building prior to the issue of an occupation certificate. Council may issue fines for the occupation of a building prior to an occupation certificate being issued.

Occupation & Subdivision Certificates cannot be issued by the PCA unless all pre-conditions of development consent have been complied with. (Section 109E(3)(e) and Section 109H).

THE PERSON HAVING THE BENEFIT OF THE DEVELOPMENT CONSENT OR THE BUILDER/OWNER BUILDER MUST GIVE FORTY EIGHT (48) HOURS WRITTEN NOTICE TO THE PRINCIPAL CERTIFYING AUTHORITY PRIOR TO COMMENCEMENT OF ANY BUILDING, DEMOLITION OR SUBDIVISION WORK.

12. The building shall NOT BE USED OR OCCUPIED until completed and conditions of

consent have been complied with and an Occupation Certificate has been issued. 13. Colour and texture of the external materials of the buildings 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.

14. The carport shall not be located any closer than 6 metres from Chapman Street and 1

metre to the side boundary. During Construction 15. A sign must be erected in a prominent position on any work site on which work

involved in the erection or demolition of a building is being carried out:-

(a) stating that unauthorised entry to the work site is prohibited; and (b) showing the name of the person in charge of the work site and a telephone

number at which that person may be contacted. (c) identifying the Principal Certifying Authority and a telephone number at which

that person may be contacted. Any such sign is to be removed when the work has been completed.

16. 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.

17. 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. 18. All excavations and backfilling associated with the erection or demolition of a building

must be executed safely and in accordance with appropriate professional standards.


19. All excavations associated with the erection or demolition of a building must be

properly guarded and protected to prevent them from being dangerous to life or property.

20. ALL BUILDING MATERIALS, plant and equipment is to be placed ON THE

BUILDING SITE. Building materials, plant and equipment (including water closets), are not to be placed on footpaths, roadways, public reserves etc.

Council Policy. Reason: To ensure pedestrian and vehicular access is not restricted in public

places. Principle Certifying Authority As your principal Certifying Authority, Council wishes to inform you of the following requirements:- 21. FOOTINGS shall be founded on NATURAL GROUND of even bearing pressure. 22. Roof water tank overflow should be piped clear of building foundations and must not

cause nuisance to neighbouring properties.


Kristy Cousins 2. K GRIFFITHS – LOT 3 SECTION 12 DP 758250 NO. 89-91 DURHAM STREET,

CLARENCE TOWN DA 232/07 Development Application No.: 232/07 Owner: D J Bloomfield Applicant: K Griffiths Land: Lot 3 Section 12 DP 758250 No. 89-91 Durham Street, Clarence Town Zone: 1(l) Rural Lifestyle Area: 3111m2 Proposal: Dwelling Issues: Deferred by Council

******** At the Ordinary Meeting of Council held on the 18 March, 2008 DA 232/2007 was deferred pending: 1. Council defer a decision on this matter and advise the developer to amend the site

plan to 25% of the street frontage and for such to then be neighbour notified. 2. If objections are then raised the Mayor and General Manager mediate with the

developer and objectors. A meeting has been arranged for Wednesday 9 April, 2008 with the applicant, General Manager and Mayor. Additional information on this matter will be provided at the April Ordinary Meeting of Council. RECOMMENDATION That the report be received and information noted.


Kristy Cousins

3. P A & P V DILLON – LOT 1 DP 727972 NO. 363 PINEBRUSH ROAD, GLEN WILLIAM - MODIFICATION OF CONSENT APPLICATION DA 298/02 Development Application No.: 298/2002 Owner: P A & P V Dillon Applicant: P A & P V Dillon Land: Lot 1 DP 727972 No. 363 Pinebrush Road, Glen

William Zone: 1(a) Rural Area: 101.7 ha Proposal: 7 Lot Subdivision Issues: Submissions received and originally determined

by Council.

******** Background At the June 2004 Ordinary Meeting of Council resolved to approve a 7 x 10 hectare lot subdivision of Lot 1 DP 727972, 363 Pinebrush Road, Glen William. The approval was a deferred Commencement Consent subject to conditions relating to the retention of the native vegetation on the site through a voluntary conservation agreement (VCA). The consent permitted the applicant until the 4th June 2006 to comply with the deferred commencement conditions and activate the consent. The modification of consent application states that the voluntary conservation agreement was prepared and endorsed by the owners on the 31 May 2006 however the Department of Infrastructure, Planning and Natural Resources did not endorse the agreement by the expiry date of 4th June 2006. During this period the Native Vegetation Act 2003 and Regulations 2005 came into effect, which meant that the applicant was no longer able to obtain a voluntary conservation agreement and comply with the conditions of consent. It has been determined that a Property Vegetation Plan would provide a similar outcome, as it enables clearing the native vegetation within the building envelope whilst also ensuring the maintenance and improvement of the remaining native vegetation on the site. On the 4th December 2006 an amendment to the Environmental Planning and Assessment Act 1979 (EP & A Act) relating to deferred commencement consent was passed. This amendment means that any deferred commencement consents granted before 4 December 2006, as is the case with DA 298/2002, will lapse either five years after the date the consent was granted or 4 December 2008, whichever is the later. Therefore the consent has not lapsed and the applicant has until the 17 June 2009 to activate the consent.


PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79(c)(1) of the Environmental Planning and Assessment Act 1979 as follows: Provisions of any environmental planning instrument. The property is zoned 1(a) Rural under the Dungog Local Environmental Plan 2006 (LEP). The proposed development is not permissible under the current LEP. The development was approved under the LEP 1990, and Council can consider an application to modify the consent under section 96 (1A) of the Environmental Planning and Assessment Act 1979. The modification must involve minimal environmental impact, the proposal must be substantially the same development, the proposal must be advertised in accordance with the development control plan and Council must considered any submissions made concerning the proposal. The applicant has provided a draft Property Vegetation Plan (PVP) prepared by the Hunter Central Rivers Catchment Authority (HCR CMA). The applicant submitted an amendment to Proposed Lots 11 and 12 as well as to the building envelope on proposed Lot 11 to ensure a 100m wide corridor can be maintained along the western boundary in accordance with the Hunter Central Rivers Catchment Management Authority (CMA) requirements. The proposal was referred to the NSW Rural Fire Service as Integrated Development due to the amended building envelope. The NSW RFS raised no objection to the modification subject to compliance with conditions 36-40 of the original notice of determination. The proposal was referred to the Department of Water and Energy (DWE) as Integrated Development. DWE advised that “In principle the general terms of approval (GTA) issued on the 19 February 2003 can stand, subject to:

- All references to the Department of Land & Water Conservation in the covering letter and GTA are changes to the Department of Water and Energy.”

DWE recommended that the following condition of consent be included in any approval granted:

- “The Construction Certificate will not be issued until the consent authority is provided with documentary evidence that the Department of Water and Energy has granted a permit approval under Part 3A of the Rivers and Foreshores Improvement Act 1948 for the proposal”.

The proposal was referred to the Department of Environment and Conservation (DEC). They advised that the statutory responsibilities of the former DEC (which now forms part of the Department of Environment and Climate Change (DECC) are not triggered and as such DECC will not be providing comment on this matter. A further letter was received which states that while DECC does not have a statutory role they have concerns with the proposed development as it is not in line with the current strategic direction. the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality, The development has been designed to retain the maximum amount of native vegetation to ensure a minimal impact on the environment. The introduction of a Property Vegetation Plan (PVP) means that the native vegetation will be maintained and improved into the future which will provide adequate habitat for fauna. the suitability of the site for the development,


The Dungog LEP 2006 does not have provision for a Rural Farmlet or equivalent type of subdivision. The property does not fall within the Transition Zone which has been identified for future Rural Residential style development. The site is not currently considered suitable for further development however development consent exists to enable the proposed subdivision and development. any submissions made in accordance with this Act or the regulations, The modification was advertised and neighbour notified in accordance with Council’s requirements. Three submissions were received during the exhibition period with the following issues raised: Submission One:

1. This site has a significant amount of vegetation and they have sighted a number of native animals. There is concern that the even with the current traffic there is road kill at least once a week of native fauna.

Response: The proposal is for 7 lot subdivision and therefore will involve an increase in traffic which could have an impact on native fauna. This should have been considered during the original assessment which resulted in an approval.

2. Concern that there will be a danger to fire fighters and residents with the small amount of vegetation proposed to be cleared around the proposed dwelling house sites.

Response: The proposal has been assessed by the NSW Rural Fire Service and complies with their requirements. The building envelopes are designed to enable protection of the dwellings and fire fighters. Submission Two

3. The property is not suitable for housing. If the proposal is approved consideration should be given to:

a) The restriction of dirt bikes and four wheel drives beyond the building envelopes;

b) Dog proof fencing to ensure the containment of household dogs within the building envelope to limit the negative impact on native wildlife,

c) All boundary fencing be non barbed type to enable movement of animals to and from the river.

Response: The PVP doesn’t include restrictions on these uses; there is a number of ‘Routine Agricultural Maintenance Activity’ (RAMA) that have not been included within the draft PVP prepared by the HCR CMA, including maintenance of the existing tracks within the property. It would be appropriate to also require a Section 88B restriction on the proposed lots to ensure that inappropriate activities do not occur outside the proposed building envelopes. This can be conditioned. Submission Three

4. Believed that the consent had lapsed and therefore Council should reject the request for a modification. Requests that Council advise if this isn’t the case so they may lodge an alternate submission regarding the proposal.

Response: Council provided a letter on the 20 March 2008 explaining that the consent has not lapsed due to the amendments to the Act. In a letter dated 25 May 2007 a letter was


received requesting additional exclusions given the environmental significance of this land. The proposed restrictions are as outlined in Submission Two – point three. SUMMARY An application for a modification of consent was lodged for DA 298/02 due to the change in legislation which means that a deferred commencement condition of consent could not be complied with. It is proposed to amend the consent to permit a PVP instead of the VCA originally required. Three submissions were received during the exhibition period. It is recommended that additional restrictions on the use outside the building envelope through a Section 88B Instrument. RECOMMENDATION Approval be granted for the modification of the deferred commencement consent for a seven lot subdivision of Lot 1 DP 727972, 363 Pine Brush Road, Glen Williams subject to the following conditions: Upon compliance with the condition appearing in Schedule 1, and with the issue of confirmation to that effect in writing from Council, this "Deferred Commencement" consent shall commence to operate as a development consent inclusive of all conditions appearing in Schedule 2 pursuant to Section 80(3) of the Act. This "Deferred Commencement" consent period will be extended to the 17 June, 2009. SCHEDULE 1. 1. This consent does not operate unless (a) consent has been given by Dungog Shire

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