october business paper - public 18 october 2017 … phyllis lucy ellicott, frank fermor, richard...

Gunnedah Shire Council

ORDINARY MEETING 18 October 2017

NOTICE is hereby given that the ORDINARY MEETING of Council will be held on WEDNESDAY 18 October 2017 in the Kelvin Hall, Kelvin commencing at 4:30pm.

AGENDA

1. PRESENT 2. PRAYER 3. BEREAVEMENTS 4. DECLARATION OF INTEREST In accordance with Council’s Code of Meeting Practice and specifically Section 451 of the Local

Government Act, 1993 declarations of interest are required by Councillors and designated staff attending the meeting.

5. PRESENTATIONS Nil at time of printing.

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6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6.1 Ordinary Meeting held on Wednesday 20 September 2017 ........................................................... 5 7. NOTICES OF MOTION 7.1 Voluntary Planning Agreements ..................................................................................................... 37 8. MAYORAL MINUTE Nil at time of printing. 9. GENERAL MANAGER’S REPORT 9.1 LGNSW 2017 Annual Conference – Voting Delegates .............................................................. 39 10. CORPORATE AND COMMUNITY SERVICES 10.1 Disclosures by Councillors and Designated Persons ................................................................. 48 10.2 Rainbow Serpent Water Feature ................................................................................................. 49 10.3 Outstanding Resolution Register ................................................................................................. 52

OCTOBER BUSINESS PAPER - PUBLIC 18 OCTOBER 2017

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11. DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES REPORT 11.1 Namoi Councils Joint Organisation – Engagement Project China ............................................. 67 11.2 Spirit of Christmas Fair – Request for Assistance ....................................................................... 69 12. DIRECTOR INFRASTRUCTURE SERVICES

12.1 Simpson Bridge Reconstruction – Budget Adjustment ............................................................... 75 12.2 Consideration of Flouridation in Gunnedah Water Supply ......................................................... 75 12.3 Fixing Country Truck Washes Grant Funding ............................................................................. 78 12.4 Request for Assistance – NSW Regional Fire Fighting Championship 2018 ............................ 79

13. BUSINESS AND FINANCE 13.1 Draft 2016/17 Financial Statements .......................................................................................... 118 13.2 2016/17 Operational Plan Budget Carryovers .......................................................................... 119 13.3 Budget Variation – Saleyards – CCTV Capital Project ............................................................. 121 13.2 Investments ................................................................................................................................ 122 14. PLANNING ENVIRONMENT AND DEVELOPMENT COMMITTEE MEETING REPORT held on Wednesday 4 October 2017 .................................................................................................................. 140 15. QUESTIONS ON NOTICE Nil.

CLOSED MEETING 16. Nil * See Over


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The ordinary, extraordinary and committee open meetings of Council will be audio recorded for minute-taking purposes and may be broadcast live over the internet.

* Local Government Act 1993 – Definition of Closed Meeting Items 10A Which parts of a meeting can be closed to the public? (1) A council, or a committee of the council of which all the members are councillors, may close to the public so much of its

meeting as comprises: (a) the discussion of any of the matters listed in subclause (2), or (b) the receipt or discussion of any of the information so listed.

(2) The matters and information are the following: (a) personnel matters concerning particular individuals (other than councillors), (b) the personal hardship of any resident or ratepayer,

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

(d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret,

(e information that would, if disclosed, prejudice the maintenance of law, (f) matters affecting the security of the council, councillors, council staff or council property, (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings

on the ground of legal professional privilege, (h) information concerning the nature and location of a place or an item of Aboriginal significance on community

land. (i) alleged contraventions of any code of conduct requirements applicable under section 440.

TO BE A FOCUSSED COMMUNITY VALUING GUNNEDAH’S IDENTITY AND QUALITY LIFESTYLE.

TO PROMOTE, ENHANCE AND SUSTAIN THE QUALITY OF LIFE IN GUNNEDAH SHIRE THROUGH BALANCED ECONOMIC, ENVIRONMENTAL

AND SOCIAL MANAGEMENT IN PARTNERSHIP WITH THE PEOPLE.

In partnership with the community:

1. EQUITY 2. INTEGRITY 3. LEADERSHIP

4. OPENNESS & ACCOUNTABILITY 5. CUSTOMER SATISFACTION 6. COMMITMENT TO SAFETY 7. EFFICIENT & EFFECTIVE USE OF RESOURCES

VISION

MISSION

ORGANISATIONAL VALUES


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Councillor RG Swain Eric Groth DEPUTY MAYOR GENERAL MANAGER

ORDINARY COUNCIL MEETING MINUTES Meeting of Gunnedah Shire Council held on Wednesday 20 September 2017 in the

Council Chambers, 63 Elgin Street, Gunnedah commencing at 4:30pm

1. COUNCILLOR PRESENT APPROVED LEAVE OF ABSENCE

ABSENT

J Chaffey (Chair X RG Swain X JR Campbell X C Fuller X OC Hasler X R Hooke X A Luke X D Moses X M O’Keefe X STAFF General Manager (E Groth) X Director Corporate and Community Services (C Formann) X Director Planning and Environmental Services (A Johns) X Acting Director Infrastructure Services (E Paas) X

2. PRAYER

The Deputy Mayor opened the meeting with the customary prayer.

3. BEREAVEMENTS The Deputy Mayor read off the list of bereavements being David Fowler Redman, Edwin Dunkley,

Phyllis Lucy Ellicott, Frank Fermor, Richard Giffen, John Mugiven, Norma Urquhart, Raymond John Priestley, Carlingford John Press, Marie May Reid, Norman Roy Morris, Carol Lynette Gibbons, Maxwell Gordon Neader, Annette Barnier, Errol John Martin, Gladys Irene Tollis, Antoon Joseph Kocx and Nancy Patricia Small.

It was RESOLVED that Council pay their respects to the deceased and extend their condolences to the family and friends of the deceased with a minute’s silence.

4. DECLARATIONS OF INTEREST

COUNCILLOR ITEM REPORT P SNP LSNP RC REASON D MOSES 11.2 Modification of Consent 2016/096.003 –

209-211 Bloomfield Street, Gunnedah X Works for and friend to

property owner C FULLER 11.5 Section 356 Small Grants X President Miners Support

Group C FULLER 11.5 Section 356 Small Grants X President Meals on Wheels STAFF ITEM REPORT P SNP LSNP RC REASON NIL

P – Pecuniary SNP – Significant Non Pecuniary LSNP – Less than Significant Non Pecuniary RC – Remain in Chamber during consideration/discussion of item

5. COMMUNITY PRESENTATIONS/CONSULTATIONS Nil.


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Ordinary Meeting Minutes of Gunnedah Shire Council held on Wednesday 20 September 2017

Councillor J Chaffey Eric Groth MAYOR GENERAL MANAGER

6. PREVIOUS MINUTES 6.1 CONFIRMATION OF PREVIOUS MINUTES Council Resolution Moved Councillor J CAMPBELL Seconded Councillor R HOOKE 1.09/17 COUNCIL RESOLUTION:

The Minutes of the Ordinary Meeting held on Wednesday 16 August 2017 were received and it was RESOLVED that the minutes be adopted as a true and correct record of that meeting.

6.2 CONFIRMATION OF PREVIOUS MINUTES Council Resolution Moved Councillor RG SWAIN Seconded Councillor D MOSES 2.09/17 COUNCIL RESOLUTION:

The Minutes of the Extraordinary Meeting held on Wednesday 6 September 2017 were received and it was RESOLVED that the minutes be adopted as a true and correct record of that meeting.

7. NOTICE OF MOTION 7.1 AUSTRALIA DAY

AUTHOR Councillor C FULLER

Council Resolution Moved Councillor C FULLER Seconded Councillor D MOSES 3.09/17 COUNCIL RESOLUTION:

That Australia Day being the 26th January remain the same at Gunnedah Shire Council.

8. MAYORAL MINUTE 8.1 YEAR IN REVIEW

AUTHOR Mayor J Chaffey

Council Resolution Moved Councillor J CHAFFEY 4.09/17 COUNCIL RESOLUTION:

That the information be received and noted.


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9. GENERAL MANAGER’S OFFICE 9.1 2017/18 FINANCIAL ASSISTANCE GRANTS PROGRAM

AUTHOR General Manager Council Resolution Moved Councillor RG SWAIN Seconded Councillor A LUKE 5.09/17 COUNCIL RESOLUTION:

That Council receive and note the information received from the NSW Local Government Grants Commission relating to the 2017/18 Financial Assistance Grants Program.

9.2 LG NSW ANNUAL CONFERENCE - MOTIONS AUTHOR General Manager Council Resolution Moved Councillor M O’’KEEFE Seconded Councillor RG SWAIN 6.09/17 COUNCIL RESOLUTION:

That Council submit the following motions to the LG NSW 2017 Annual Conference: 1. That LG NSW calls upon the NSW Government to implement a Royalties for

Regions program based upon a set percentage of royalties being returned to Local Government Areas from whence they originate and/or are directly affected;

2. That LG NSW calls upon the NSW Government to make legislative changes that will

allow some TSR’s to be utilised by Recreational Vehicle (RV) users where so identified and supported by Councils in consultation with LLS;

3. That LG NSW supports the reforms to the Environmental Impact Assessment

process, especially in regards to the Social Impact Assessment, as currently proposed by the State Government Department of Planning and Environment, and calls upon the NSW Government to implement the same. Furthermore, that LG NSW write to the Minister for Planning advising of such and urging the prompt finalisation and implementation of the reforms;

4. That LG NSW petition the NSW Government to change the Local Government

(General) Regulation 2005 to allow a Council by resolution to shorten the pre-poll voting period to the period including the Monday to Friday of the week before Election Day;

5. That LG NSW calls on the NSW Government to financially support Regional

Organisations of Councils (ROCs) or Joint Organisations (JOs), enabling regions to develop projects of regional significance regardless of the type of organisation with which Councils associate;

6. That LG NSW lobby the Commonwealth Government to consider changing the

scheduling of aircraft and timelines of movements into Sydney Airport to increase the availability of slots for regional air services;


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7. That LG NSW lobby the NSW Government to improve passenger rail services on

regional and rural routes including the provision of a daily return passenger service into Sydney, with an adequately skilled workforce and modernised and updated fleet;

8. That LG NSW lobby the Commonwealth Government to review and provide options

for a more sophisticated allocation of the Financial Assistance Grants funding that increases the allocation of funds to rural and remote areas of need;

9. That LG NSW lobby the NSW Government to abolish rate pegging; 10. That LG NSW requests the NSW Government carry out a review of the Local

Government Act orders and costs recovery powers to create a new system of powers and costs recovery mechanisms that will allow Councils to more simply and effectively address unsightly, untidy, overgrown and unhealthy properties in line with community expectations;

11. That LG NSW lobby the NSW Government to encourage commercial enterprises to

express interest in the establishment of a New High Energy Low Emissions/Ultra Super Critical coal fired power station to be located within NSW; and

12. That LG NSW lobby the NSW Government seeking a more equitable distribution of

its health infrastructure funding to support current health services in regional and remote NSW.

9.3 INVESTMENTS AUTHOR Financial Accountant Council Resolution Moved Councillor A LUKE Seconded Councillor R HOOKE 7.09/17 COUNCIL RESOLUTION:

That the principal investment of $66.8 million for all funds to date be received and noted.

10. CORPORATE AND COMMUNITY SERVICES SUSPENSION OF STANDING ORDERS IN COMMITTEE OF THE WHOLE

A Motion was Moved Councillor RG SWAIN, Seconded Councillor R HOOKE that Council move

into Committee of the Whole for discussion in relation to Item 10.1 concerning the Committee Structure and Representation. It was Recommended Councillor M O’KEEFE, Seconded Councillor RG SWAN:

RECOMMENDATIONS:

That Council endorse the appointments and additions of the Register of Committees, Reserve Trusts and Working Groups and Register of Delegates and Representatives.


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RESOLUTION OUT OF COMMITTEE OF THE WHOLE

A Motion was Moved Councillor A LUKE, Seconded Councillor D MOSES that Council move back into Ordinary Meeting and adopt the recommendations of the Committee of the Whole.

10.1 COMMITTEE STRUCTURE AND REPRESENTATION AUTHOR Director Corporate and Community Services OFFICER’S RECOMMENDATIONS:

1. That Council consider the appointment or election of Councillors as representatives and delegates on an item by item basis per the attached registers.

2. That Council’s Cultural Officer, Ms Lauren Mackley, be Council’s representative to Arts

North West.

3. That the Saleyards Working Group be disbanded.

4. That the CMCA Rally Working Group currently consisting of Councillors C FULLER, R HOOKE and OC HASLER and a minimum of two community members be added to the Register of Committees, Reserve Trusts and Working Groups, with the Group being able to invite additional community members as and when required.

Council Resolution Moved Councillor RG SWAIN Seconded Councillor J CAMPBELL 8.09/17 COUNCIL RESOLUTIONS:

That Council endorse the appointments and additions to the Register of Council Committees, Reserve Trust Committees of Management and Advisory and Working Groups and Register of Delegates and Representatives.

10.2 MEETING DATES FOR ORDINARY MEETINGS TO DECEMBER 2018 AUTHOR Director Corporate and Community Services Council Resolution Moved Councillor C FULLER Seconded Councillor R HOOKE 9.09/17 COUNCIL RESOLUTIONS:

1. That the information be received and noted, and that the proposed meeting schedule up until December 2018 be endorsed.

2. That the Ordinary Meetings of Gunnedah Shire Council continue to be held on the

third Wednesday of each month commencing at 4:30pm. 3. That Expressions of Interest be sought from two Village Progress Association(s)

and/or Committee(s) to host a Council Ordinary Meeting in 2018.


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10.3 GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT – ANNUAL REPORT 2016/17 AUTHOR Director Corporate and Community Services Council Resolution Moved Councillor RG SWAIN Seconded Councillor A LUKE 10.09/17 COUNCIL RESOLUTIONS:

1. That the Government Information (Public Access) Act 2009 Annual Report 2016/17 be received and noted.

2. That a copy of the Government Information (Public Access) Act 2009 – Annual

Report 2016/17 be forwarded to the Office of the Information Commissioner and the Office of Local Government by 31 October 2017 in accordance with legislative requirements.

10.4 PUBLIC INTEREST DISCLOSURES ACT – ANNUAL REPORT 2016/17 AUTHOR Director Corporate and Community Services Council Resolution Moved Councillor A LUKE Seconded Councillor D MOSES 11.09/17 COUNCIL RESOLUTION:

1. That the Public Interest Disclosure Act – Annual Report 2016/17 be received and noted.

2. That a copy of the Public Interest Disclosure Act – Annual Report 2016/17 be

forwarded to the NSW Ombudsman and the Office of Local Government by 31 October 2017 in accordance with legislative requirements.

10.5 DELEGATIONS OF AUTHORITY AUTHOR Director Corporate and Community Services Council Resolution Moved Councillor RG SWAIN Seconded Councillor J CAMPBELL 12.09/17 COUNCIL RESOLUTION:

That Council resolves to appoint the following members of Council’s Executive Management Team: Chief Financial Officer Director Corporate and Community Services; Director Infrastructure Services; and Director Planning and Environmental Services; as being able to act in the position of General Manager if the General Manager is sick or otherwise absent from work on leave with such appointment to cease upon the return to work of the General Manager or other resolution of Council.


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10.6 INSTALLATION OF UPGRADED HOT WATER SYSTEM AUTHOR Director Corporate and Community Services Council Resolution Moved Councillor RG SWAIN Seconded Councillor A LUKE 13.09/17 COUNCIL RESOLUTIONS:

1. That the Officer’s decision to undertake replacement and upgrade of the hot water system attached to the Town Hall kitchen under the Urgent Works Provisions of the General Manager’s delegations be endorsed.

2. That a budget adjustment totalling an increase of $4,500 be made to the public

facilities budget.

10.7 OUTSTANDING RESOLUTION REGISTER AUTHOR Director Corporate and Community Services Council Resolution Moved Councillor C FULLER Seconded Councillor J CAMPBELL 14.09/17 COUNCIL RESOLUTION:

That the information be received and noted.

SUSPENSION OF STANDING ORDERS

A Motion was Moved Councillor M O’KEEFE, Seconded Councillor C FULLER that Council consider the Late Report of the Director Corporate and Community Services in relation to the Campervan and Motorhome Club of Australia.

10.8 CAMPERVAN AND MOTORHOME CLUB OF AUSTRALIA AUTHOR Director Corporate and Community Services Council Resolution Moved Councillor R HOOKE Seconded Councillor C FULLER 15.09/17 COUNCIL RESOLUTIONS:

1. That $3,632 be allocated for the expenses associated with sending one Councillor and one staff member to attend the Campervan and Motorhome Club of Australia Rally in Bundaberg on 8-15 October 2017.

2. That Councillor OC HASLER be nominated to represent Council at the CMCA Rally in Bundaberg during October.


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11. PLANNING AND ENVIRONMENTAL SERVICES 11.1 DEVELOPMENT APPLICATION 2017/031 – REMOVAL OF DWELLING HOUSE AND

CONSTRUCTION OF A REPLACEMENT DWELLING HOUSE – LOT 2 DP801762 – 765 ORANGE GROVE ROAD, GUNNEDAH

AUTHOR Town Planner Council Resolution Moved Councillor A LUKE Seconded Councillor RG SWAIN 16.09/17 COUNCIL RESOLUTIONS: That the Development Application No. 2017/031, for the removal of dwelling house and

construction of a replacement dwelling house, at 765 Orange Grove Road, Gunnedah, Lot 2 DP801762, be approved subject to the following conditions:

A. That development consent be granted subject to the following conditions:

A1. The proposed development shall be carried out generally in accordance with the details set

out in the following: Development Application form lodged 12 April 2017 Statement of Environmental Effects, prepared by Kate & Nathanael Groves, dated

23/03/2017; and Submitted plans:

Prepared by D & C Projects, dated 17/05/2017, ref: 15019, Sheet 1 of 6 (Cover Sheet), Sheet 2 of 6 (Site Plan), Sheet 3 of 6 (Floor Plan), Sheet 4 of 6 (Elevations), 5 of 6 (Elevations), Sheet 6 of 6 (Sections);

BASIX Certificate number: 726495S Project Specifications, prepared by D & C Projects Pty Ltd; Flood Survey Report, prepared by Stewart Surveys Pty Ltd, Dated 19 April 2016,

Reference 4674;

except as otherwise provided by the conditions of consent.

Reason: To ensure compliance with application and plans. B. Prescribed Conditions

Note: The following conditions are prescribed conditions and may or may not relate directly to this development.

B1. Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 (cf clauses 78 and 78A of EP&A Regulation 1994) (1) For the purposes of section 80A (11) of the Act, the following conditions are

prescribed in relation to a development consent for development that involves any building work: (a) that the work must be carried out in accordance with the requirements of the

Building Code of Australia, (b) in the case of residential building work for which the Home Building Act 1989

requires there to be a contract of insurance in force in accordance with Part


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6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

(1A) For the purposes of section 80A (11) of the Act, it is prescribed as a condition of a development consent for a temporary structure that is used as an entertainment venue, that the temporary structure must comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia.

(2) This clause does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b) to the erection of a temporary building, other than a temporary structure to which subclause (1A) applies.

(3) In this clause, a reference to the Building Code of Australia is a reference to that

Code as in force on the date the application is made for the relevant: (a) development consent, in the case of a temporary structure that is an

entertainment venue, or (b) construction certificate, in every other case.

Note. There are no relevant provisions in the Building Code of Australia in respect

of temporary structures that are not entertainment venues. Reason: To ensure compliance with the statutory requirements.

B2. Erection of signs (1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2)

and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

(2) A sign must be erected in a prominent position on any site on which building work,

subdivision work or demolition work is being carried out: (a) showing the name, address and telephone number of the principal certifying

authority for the work, and (b) showing the name of the principal contractor (if any) for any building work

and a telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the work site is prohibited. (3) 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.

(4) This clause does not apply in relation to building work, subdivision work or

demolition work that is carried out inside an existing building that does not affect the external walls of the building.

(5) This clause does not apply in relation to Crown building work that is certified, in

accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.

(6) This clause applies to a development consent granted before 1 July 2004 only if the

building work, subdivision work or demolition work involved had not been commenced by that date.


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Note. Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).

Reason: To ensure compliance with the statutory requirements.

B3. Notification of Home Building Act 1989 requirements

(1) For the purposes of section 80A (11) of the Act, the requirements of this clause are

prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989.

(2) Residential building work within the meaning of the Home Building Act 1989 must

not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information: (a) in the case of work for which a principal contractor is required to be

appointed: (i) the name and licence number of the principal contractor, and (ii) the name of the insurer by which the work is insured under Part 6 of

that Act, (b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit under

that Act, the number of the owner-builder permit. (3) If arrangements for doing the residential building work are changed while the work is

in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.




B4. Fulfilment of BASIX Commitments

(1) This clause applies to the following development (a) BASIX affected development (b) any BASIX optional development in relation to which a person has made a

development application that has been accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 2A of Schedule q for it to be so accompanied).

(2) For the purposes of Section 80A(11) of the Act, the fulfilment of the commitments listed in each relevant BASIX certificate for development to which this clause applies is a prescribed condition of any development consent for the development.


C. Prior to Commencement of Building Works

C1. Prior to the commencement of any building works the developer is to apply to an Accredited Private Certifier or Council for a Construction Certificate for the erection of the building. NO


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BUILDING WORKS SHALL COMMENCE WITHOUT FIRST OBTAINING A CONSTRUCTION CERTIFICATE. Reason: To meet statutory requirements.

C2. Prior to the commencement of building works a copy of Home Owner’s Warranty Insurance

shall be submitted to Council. Reason: To ensure Home Owner’s Warranty is provided.

C3. Prior to work commencing appropriate measures are to be implemented in relation to erosion and sediment control. Such measures are to be maintained during the construction of the development in accordance with Council’s Gunnedah Development Control Plan 2012.

Reason: To ensure erosion and sediment control on the development site.

D. Prior to the issue of a Construction Certificate

D1. Prior to issue of a Construction Certificate construction plans, specifications and documentation as required by conditions of this consent and being consistent with this development consent and the Building Code of Australia, are to be submitted to the Principal Certifying Authority.

Reason: To ensure compliance. D2. Prior to the issuing of a Construction Certificate by the Council or an Accredited Certifier, the

Long Service Levy is to be paid. Reason: To comply with statutory requirements.

D3. Prior to the issuing of a Construction certificate, the Developer shall pay to Council a levy as

applicable at the time of payment, relative to the total project value, in accordance with the Council’s Section 94A Contributions Plan 2013 under Section 94A of the Environmental Planning and Assessment Act 1979. The current levy payable is calculated at 1% of the development cost. Note: The Gunnedah Shire Council’s Section 94A Contributions Plan 2013 can be viewed on

Council’s web site at: http://www.gunnedah.nsw.gov.au Reason: To make provision for public amenities and services within the community.

E. General

E1. No general household waste is to be disposed of onsite. Waste is to be disposed of to Council’s land fill directly or via licensed contractor.

Reason: To ensure waste is disposed of off-site in an appropriate manner.

Water Supply - Rural E2. The dwelling shall be provided with rainwater tanks having a capacity of 45,000 litres of water

before occupation is sought. Such tanks shall have a total of 10,000 litres of water reserved for fire fighting purposes, with a lower outlet for fire fighting purposes fitted with a 65mm stortz fitting and ball or gate valve shall be located in such a position that access for fire fighting units shall be as direct as possible.

Reason: To ensure adequate supply of water for domestic and fire fighting purposes.


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Access - Rural E3. Vehicular access shall be from Orange Grove Road and will require the construction a 4.5

metre wide gravel driveway and associated drainage structures across the verge and table drain, shall be constructed from the road should to the property boundary in accordance with Council's rural access crossing standards and specifications (RTA specification for a Typical Rural Property Access for a single unit truck). The location of the driveway is to be determined by the developer in consultation with Council. a) Before commencement of this work, construction levels are to be obtained from

Council’s Infrastructure Services. A security bond, being half of the estimated cost of the construction work is to be lodged with Council, before work on the access is commenced.

b) Upon the satisfactory completion of the access by the developer, the security bond will be released.

Reason: To ensure access is provided and meets appropriate engineering standards.

E4. A Rural Addressing number and post shall be applied for through Council and erected for the

new vehicular access.

Reason: To ensure compliance and to ensure the correct property identification.

Internal Access E5. The developer is to provide all weather 2WD access from termination of the existing bitumen

constructed internal driveway within the access handle to the dwelling. The formation is to be constructed of a minimum 150mm compacted ridge gravel.

Reason: To ensure all weather access.

E6. The developer is to ensure that the new vehicle access and internal driveway achieves the safe wading

criteria as specified in Figure L1 of the Flood Planning Manual. Reason: To ensure compliance with the Gunnedah Development Control Plan 2012. E7. Potential fuel for bush fires at the site of actual building and its immediate surrounds for a distance of at

least 20 metres from any part of the building shall be reduced to a level which is sufficient to protect the building from bushfire, and such fuel reduction shall be maintained for the life of the development (grass to be no higher than 100mm).

Reason: To ensure compliance and fire safety of Building.

E8. The developer shall provide Council with certification from a registered Surveyor that the

finished floor height has been constructed at least 500mm above the 1% AEP flood level, as identified in the report prepared by Stewart Surveys Pty Ltd, Dated 19 April 2016, reference 7674, at the following mandatory inspection stage;

(a) Bearers and joist inspection. Reason: To meet statutory requirements.

E9. The property boundary fence is to be relocated clear of the road reserve.

Reason: To ensure property boundary fencing is located clear of the road reserve.

E10. No general household waste is to be disposed of onsite. Waste is to be disposed of to Council’s land fill directly or via licensed contractor.

Reason: To ensure waste is disposed of off-site in an appropriate manner.


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F. During Construction Works

F1. Inspections by the Principal Certifying Authority – Mandatory Critical Stage Inspections

48 hours prior to the covering of the following works, the Principal Certifying Authority appointed pursuant to Section 81(2)(b) of the Environmental Planning and Assessment Act 1979 shall be notified that works are ready for inspection. (Note: Inspections in bold type are mandatory critical stage inspections under the Act and MUST be carried out by the Principal Certifying Authority. If these inspections are not carried out by the Principal Certifying Authority an Occupation Certificate cannot be issued). (a) Piers (if any) prior to pouring of concrete (b) Footing trenches with reinforcement prior to pouring of concrete (c) Retaining walls and reinforcement (if any) prior to pouring of concrete (d) Concrete slab formwork with reinforcement prior to pouring of concrete (e) Structural framework including roof members. When completed prior to the

fixing of any internal sheeting (f) Wet area, damp proofing and flashing before lining (g) Swimming pool safety fence prior to filling the pool with water (h) Foundation material before installation of the swimming pool or laying of any bedding

material (i) Works in relation to road reserves, footpath, kerb and gutter, road shoulder and

drainage within public lands or road reserves (j) Bearers and joist inspection, including tie down requirements and ant capping.

When completed and prior to the laying of the floor. (k) Insitu concrete formwork (excluding paving) with reinforcement prior to pouring of

concrete. (l) Final inspection prior to use of the building. The above listed works may not be covered until approval is obtained from the Principal Certifying Authority or his/her duly appointed delegate. Reason: To ensure compliance before, during and after construction.

F2. A stamped copy of the development consent, the approved plans and specifications are to

be kept at the construction site at all times during the construction period. Reason: To ensure compliance with approved application and plans. F3. Smoke alarms complying with AS3786 as listed in the SSL Register of accredited products

which are hard wired to the mains electricity supply and provided with a standby power supply (battery) must be installed between each area containing bedrooms and the remainder of the dwelling on or near the ceiling pursuant to Clause E.1.7 of the BCA. Reason: To ensure compliance.

F4. All wet areas within the building shall be waterproofed in accordance with the requirements of

AS 3740-2004. The person responsible for the installation of the water-proofing system used within the building shall provide certification to Council prior to occupation that the system used has been installed in accordance with the requirements of AS 3740-2004. Reason: To ensure protection against water damage to structure.

F5. A continuous balustrade must be provided, in accordance with the BCA, along the side of

any stair, landing, balcony, verandah, floor or roof to which public access is provided if: (i) it is not bounded by a wall; and


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(ii) the level is more than 1m above the ground/floor level below.

Reason: To ensure compliance. F6. Excavations and backfilling

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

Reason: To ensure compliance.

F7. Retaining walls and drainage

If the soil conditions require it: (a) Retaining walls associated with the erection or demolition of a building or other

approved methods preventing movement of the soil must be provided, and (b) adequate provision must be made for drainage. Should a retaining wall be proposed to be constructed above a height of 600mm the applicant shall have the structure designed by a practicing Structural Engineer and a copy of the design plans are to be provided to council before work commences on the site. The retaining wall is to be completed in accordance with the design provided prior to any occupation or use of the building. Reason: To ensure site stability.

F8. Toilet facilities

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided: (a) must be a standard flushing toilet, and (b) must be connected:

(i) to a public sewer, or (ii) if connection to a public sewer is not practicable, to an accredited sewage

management facility approved by the Council, or (iii) if connection to a public sewer or an accredited sewage management facility is

not practicable, to some other sewage management facility approved by the Council.

The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced. In this clause:

accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Regulation.

approved by the Council means the subject of an approval in force under Division 1 of Par 3 of the Local Government (Approvals) Regulation 1993.


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public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993.

sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. Reason: To ensure environmental health standards are met.

F9. Work on the development shall be limited to the following hours to prevent unreasonable disturbance to the amenity of the area:- Monday to Friday - 7.00am to 5.00pm; Saturday - 8.00am to 1.00pm if audible on other residential premises, otherwise 7.00am to 5.00pm; No work to be carried out on Sunday or Public Holidays. Note: The builder shall be responsible to instruct and control sub-contractors regarding the hours of work. Council will exercise its powers under the Protection of the Environment Operations Act, 1997, in the event that the building operations cause noise to emanate from the property on Sundays or Public Holidays or otherwise than between the hours detailed above. Reason: To ensure amenity of the neighbourhood is maintained.

G. Prior to the issue of an Occupation Certificate

G1. Occupation of the building is not to occur until all work has been completed, the conditions of

consent satisfied and an Occupation Certificate issued by the Principal Certifying Authority.

Reason: To meet statutory requirements. G2. Prior to the issuing of an Occupation Certificate, the developer shall submit to Council a copy

of the current contract with the manufacturer, his agent or approved contractor, for the quarterly servicing and maintenance of the aerated effluent management system. Reason: To ensure compliance with Health Department accreditation conditions.

COUNCIL RESOLUTION

COUNCILLOR COUNCILLORS FOR

COUNCILLORS AGAINST

COUNCILLORS ABSENT

COUNCILLORS DECLARING AN

INTEREST JR Campbell X J Chaffey X C Fuller X OC Hasler X R Hooke X A Luke X D Moses X M O’Keefe X RG Swain X


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11.2 MODIFICATION OF CONSENT APPLICATION 2016/096.003 – REMOVAL OF STORAGE SHED AND ALTERATION TO THE LOCATION OF THE DISABLED ACCESS RAMP – LOTS A AND B DP408280 – 209-211 BLOOMFIELD STREET, GUNNEDAH

Councillor D Moses declared an interest, left the Chamber and took no part in discussion or

consideration of this item. Author Town Planner Council Resolution Moved Councillor RG SWAIN Seconded Councillor R HOOKE 17.09/17 COUNCIL RESOLUTIONS:

That the Modification of Consent No. 2016/096.003, for the removal of the storage shed and alteration to the location of the disabled access ramp, at 209-211 Bloomfield Street, Gunnedah, Lot A and B DP408280, be approved subject to the deletion of condition A1 and inclusion of condition A1a. Amended conditions underlined as follows:


A1. Deleted A1a. The proposed development shall be carried out strictly in accordance with the details set out

in the following

Development Application form lodged 05/11/16; Statement of Environmental Effects, prepared by D&C Projects, dated 04/10/2016; Further Information, provided D & C Projects, dated 19 October 2016; Further Information, provided by Richard Patriquin, 4 November 2016; and Submitted plans:

Prepared by Stewart Surveys Pty Ltd, dated 14 October 2016, Job No. 4758, Drawing No. 1 of 1 (Landscape Plan); & dated 4 October 2016, Ref: 4758, Drawing No. 1 of 1 (Play Areas Landscape Plan);

Prepared by D & C Projects, dated 2/12/2016, ref: 16090, Sheet No. 2 of 3 (Proposed Floor Plan & Elevations); & dated 18/08/2017, ref: 16090, Sheet No. 1 of 3 (Site Plans & Perspectives);

Supporting Documentation: Traffic Impact Assessment prepared by Kathryn Yigman, dated October 2016, ref:

4758; except as otherwise provided by the conditions of consent.

Reason: To ensure compliance with application and plans.

A2. To confirm and clarify the terms of this approval, consent is granted for a childcare centre

with a maximum of 80 children. Reason: To ensure compliance with development controls.

B. Prescribed Conditions (Section 80A(11) of the Act)



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B1. Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 (cf clauses 78 and 78A of EP&A Regulation 1994) (1) For the purposes of section 80A (11) of the Act, the following conditions are

prescribed in relation to a development consent for development that involves any building work: (a) that the work must be carried out in accordance with the requirements of the

Building Code of Australia, (b) in the case of residential building work for which the Home Building Act 1989

requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

(1A) For the purposes of section 80A (11) of the Act, it is prescribed as a condition of a

development consent for a temporary structure that is used as an entertainment venue, that the temporary structure must comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia.




(3) In this clause, a reference to the Building Code of Australia is a reference to that

Code as in force on the date the application is made for the relevant: (a) development consent, in the case of a temporary structure that is an


Note. There are no relevant provisions in the Building Code of Australia in respect

of temporary structures that are not entertainment venues. Reason: To ensure compliance with the statutory requirements.

B2. Erection of signs (1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2)

and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

(2) A sign must be erected in a prominent position on any site on which building work,

subdivision work or demolition work is being carried out: (a) showing the name, address and telephone number of the principal certifying

authority for the work, and (b) showing the name of the principal contractor (if any) for any building work

and a telephone number on which that person may be contacted outside working hours, and




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(4) This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.



(6) This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date. Note. Principal certifying authorities and principal contractors must also ensure that

signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).


C. Prior to Commencement of Building Works C1. Prior to the commencement of any building works the developer is to apply to an Accredited

Private Certifier or Council for a Construction Certificate for the erection of the dwelling. NO BUILDING WORKS SHALL COMMENCE WITHOUT FIRST OBTAINING A CONSTRUCTION CERTIFICATE. Reason: To meet statutory requirements.

C2. Prior to work commencing appropriate measures are to be implemented in relation to erosion

and sediment control. Such measures are to be maintained during the construction of the development in accordance with Council’s Gunnedah Development Control Plan 2012.


Traffic and Parking C3. Parking areas must comply with AS 2890 – Parking Facilities. Driveway and parking areas

are to be bitumen sealed, paved or constructed of other dust suppressant method. Details of surfacing must be provided to Council and approved prior to the issue of a Construction Certificate.

Reason: To ensure compliance with relevant Australian Standards.

D. Prior to the Issue of a Construction Certificate

D1. Prior to the issuing of a Construction Certificate by the Council or an Accredited Certifier, the Long Service Levy is to be paid. Reason: To comply with statutory requirements.

D2. Prior to the commencement of building works, the name, address and contact details of the

Principal Building contractor shall be provided to Council Reason: To ensure compliance.

D3. Prior to the issuing of a Construction certificate, the Developer shall pay to Council a levy as

applicable at the time of payment, relative to the total project value, in accordance with the Council’s Section 94A Contributions Plan 2013 under Section 94A of the Environmental Planning and Assessment Act 1979. The current levy payable is $3,600.


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Note: The Gunnedah Shire Council’s Section 94A Contributions Plan 2013 can be viewed on Council’s web site at: http://www.gunnedah.nsw.gov.au Reason: To make provision for public amenities and services within the community.

D4. Deleted D5. Deleted D6. Prior to issue of a Construction Certificate construction plans, specifications and

documentation as required by conditions of this consent and being consistent with this development consent and the Building Code of Australia, are to be submitted to the Principal Certifying Authority.

Reason: To ensure compliance. D7. Prior to the issuing of a Construction certificate, the Developer shall obtain from Council

approval under Section 68 of the Local Government Act, 1993 to: (a) Carry out water supply works (b) Carry out sewerage works (c) Carry out stormwater drainage works

Note: All works are to be carried out by an appropriately licensed contractor in accordance with NSW Code of Practice for Plumbing and Drainage-2006.

Reason: To ensure environmental health standards are met.

E. General E1. Roof water caught and drainage from the sealed car parking area is to be discharged directly

to the street gutter sealed stormwater pipes or to existing internal stormwater infrastructure servicing the site so long as the internal stormwater system is connected to Council’s reticulated stormwater system.

Reason: To ensure stormwater is appropriately disposed of. E2. Compliance with the Food Act 2003 and Food Safety Standard’s and “AS4674-2004 –

Design, Construction and Fit-out of Food Premises” is required in respect to all aspects of this food business. Reason: To ensure compliance.

Outdoor Lighting E3. Outdoor lighting is to comply with AS/NZS 11583.1 Pedestrian Area (Category P) Lighting and

AS4282 Control of Obtrusive Effects of Outdoor Light. Reason: To ensure compliance.

Traffic and Parking E4. All internal driveways, parking areas, loading bays and vehicular turning areas are to be

constructed with a base course of adequate depth to suit design traffic, being hard sealed with either bitumen seal, asphaltic concrete, concrete or interlocking pavers or other alternative product which has been approved by Council. Parking areas must comply with AS 2890 – Parking Facilities and Council’s Engineering Guidelines for Subdivisions and Developments, 2013.


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Reason: To ensure compliance with relevant Australian Standards and to facilitate the use of vehicular access and parking facilities.

E5. Onsite car parking accommodation shall be provided for a minimum of sixteen (16) vehicles,

to ensure the provision of adequate on-site parking facilities commensurate with the demand likely to be generated by the proposed development. Such being set out generally in accordance with the details indicated on the submitted plans, except as otherwise provided by the conditions of this consent.

Reason: To ensure adequate on site car parking is provided.

E6. Exit only signage is to be provided in a prominent position at the new Bloomfield Street

vehicle access, being clearly visible from the street. A designated left turn only sign is to be placed in a prominent position within the property boundary at the driveway exit onto Bloomfield Street. A left turn only directional arrow shall be painted on the car park pavement within the property boundary.

Reason: To ensure adequate information is provided to Council. Sewer E7. The developer is to remove all existing sewer boundary traps and provide the installation of a

new boundary shaft at the property boundary. All works associated with the installation of the new boundary shaft are to be undertaken in accordance with Council’s Engineering Guidelines for Subdivision and Development, 2013.

Reason: To ensure compliance with Council’s Engineering Guidelines for Subdivision and Development, 2013.

E8. Entry only signage is to be provided in a prominent position at the current Carroll Street

vehicle access, being clearly visible from the street. Internal signage is also to be erected marking the vehicle access as being “no exit”.

Reason: To minimise impacts on the amenity of the adjoining residential property.

E9. The developer is to provide a privacy screen, along the property boundary between the

development site and the residence on, Lot C DP 342233, 50B Carroll Street, to a height not exceeding 2.5 metres.

Reason: To minimise impacts on the amenity of the adjoining residential property.

F. During Demolition Works

F1. The dwelling shall only be demolished in accordance with the requirements of AS2601-2001 “The Demolition of Structures” and the requirements of the Workcover Authority of New South Wales including but not limited to:

(a) Protection of site works and the general public. (b) Erection of hoardings where appropriate. (c) Asbestos and lead based paints handling and disposal where applicable. The disposal of demolition materials is to be to an approved licensed waste disposal depot so determined by the NSW Environment Protection Authority.

Reason: To ensure compliance and safety of workers.

F2. Prior to the commencement of demolition works, all water and sewerage connections to Council’s infrastructure are to be capped off by a licensed plumber so as to prevent any contamination of Council’s reticulation systems.


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Reason: To ensure the integrity of Council’s sewerage and water systems. F3. All work on the demolition is to be carried out strictly in accordance with current Workcover

requirements and only between the hours of 7.00am and 5.00pm on weekdays and 8.00am and 4.00pm on Saturdays. No demolition work shall occur on Sundays or Public Holidays. Reason: To ensure compliance and protect amenity of area.

F4. The developer shall ensure all practicable measures are taken to minimise the release of

dust into the atmosphere from the onsite and from vehicles transporting material off-site.

Reason: To ensure compliance and safety of workers and general public.

F5. The deliberate burning of the building and/or demolition material shall not be permitted.


F6. All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards and they must be properly guarded and protected to prevent them from being dangerous to life or property.


G. During Construction Works

G1. Inspections by the Principal Certifying Authority – Mandatory Critical Stage

Inspections

48 hours prior to the covering of the following works, the Principal Certifying Authority appointed pursuant to Section 81(2)(b) of the Environmental Planning and Assessment Act 1979 shall be notified that works are ready for inspection. (Note: Inspections in bold type are mandatory critical stage inspections under the Act and MUST be carried out by the Principal Certifying Authority. If these inspections are not carried out by the Principal Certifying Authority an Occupation Certificate cannot be issued). (m) Piers (if any) prior to pouring of concrete (n) Footing trenches with reinforcement prior to pouring of concrete (o) Concrete slab formwork with reinforcement prior to pouring of concrete (p) Structural framework including roof members. When completed prior to the

fixing of any internal sheeting (q) Wet area, damp proofing and flashing before lining (r) Bearers and joist inspection, including tie down requirements and ant capping.

When completed and prior to the laying of the floor. (s) Final inspection prior to use of the building. The above listed works may not be covered until approval is obtained from the Principal Certifying Authority or his/her duly appointed delegate. Reason: To ensure compliance before, during and after construction.

G2. A stamped copy of the development consent, the approved plans and specifications are to

be kept at the construction site at all times during the construction period. Reason: To ensure compliance with approved application and plans.

G3. No permanent structures are to be placed on any easement.


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Reason: To ensure legal requirements. G4. The storage of all building materials shall be confined within the boundaries of the allotment.

Reason: To ensure site safety.

G5. Any damage caused to kerb, guttering and/or footpath during building operations, shall be

rectified by the developer in accordance with Council’s Driveway crossing standards and specifications.

Reason: To ensure the integrity of Council’s road infrastructure is maintained in an

acceptable standard. G6. Before erection of any permanent structure such as fences, concrete car drives, garages etc.

adjacent to street boundaries, correct street levels must be ascertained from the Council’s Infrastructure Services Section.

Reason: To ensure compliance efficient construction. G7. Any redundant driveway layback and footpath crossing located along either of the road

frontages is to be removed. Kerb and guttering and level footpath is to be constructed where the layback is removed to match existing footpath crossover and gutter levels.

Reason: To ensure safety and amenity of council footpath and road reserve.

G8. Lighting and Ventilation in the building shall comply with the requirements of the Building

Code of Australia Part F4. Reason: To ensure compliance.

G9. Any portion of the development that contains a Food Premises or have areas used for the

preparation, storage and serving of food must comply with”AS4674-2004 Design, construction and fit-out of food premises”.


G10. Toilet facilities

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided: (a) must be a standard flushing toilet, and (b) must be connected:


management facility approved by the Council, or (iii) if connection to a public sewer or an accredited sewage management facility is

not practicable, to some other sewage management facility approved by the Council.



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accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Regulation. approved by the Council means the subject of an approval in force under Division 1 of Par 3 of the Local Government (Approvals) Regulation 1993. public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993. sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. Reason: To ensure environmental health standards are met.

G11. Work on the development shall be limited to the following hours to prevent unreasonable

disturbance to the amenity of the area:- Monday to Friday - 7.00am to 5.00pm; Saturday - 8.00am to 1.00pm if audible on other residential premises, otherwise 7.00am to 5.00pm; No work to be carried out on Sunday or Public Holidays. Note: The builder shall be responsible to instruct and control sub-contractors regarding the hours of work.

Council will exercise its powers under the Protection of the Environment Operations Act, 1997, in the event that the building operations cause noise to emanate from the property on Sundays or Public Holidays or otherwise than between the hours detailed above.

Reason: To ensure amenity of the neighbourhood is maintained.

Sewer Main Installations G12. Prior to the back filling all mains, a visual inspection is to be undertaken by Council.


G13. All back fill over sewer mains shall be a of 3-5 mm granular grit.


H. Prior to the issue of an Occupation Certificate

H1. Occupation of the building is not to occur until all work has been completed, the conditions of consent satisfied and an Occupation Certificate issued by the Principal Certifying Authority.

Reason: To meet statutory requirements.

H2. Prior to issue of an Occupation Certificate all statutory fire safety measures listed in the fire safety schedule (attached to the Construction Certificate) are to be installed in accordance with the standards detailed and the owner of the property shall provide a fire safety certificate for each statutory fire safety measure to the Principal Certifying Authority.

Reason: To ensure compliance and fire safety of building.


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H3. Prior to the issue of an Occupation Certificate, Lot A DP 408280 and Lot B DP 408280 shall be consolidated into one Lot. A copy of the registered plan of consolidation shall be provided to Council.


H4. One set of approved construction drawings shall be amended to show the “work-as-

executed”. These drawings in both hard copy and electronic form shall be provided prior to issue of the subdivision certificate. The drawings are required to ensure that adequate records are maintained of community infrastructure. The drawing shall be certified by a registered surveyor or a Chartered Professional Civil Engineer.

Reason: To ensure compliance with Council’s requirements.

H5. A Compliance Certificate for each stage under Division 2 of Part 3 of the Water Supply

Authorities Act 1987 must be obtained from the Council (as the local water supply authority). Note: Council requires the following contributions to be paid prior to issuing a compliance certificate to allow continued funding of water and sewer facilities.

$5,400 for Water headworks $4,488 for Sewer headworks

The contributions for the works shall be paid prior to the issue of an Occupation Certificate. The contributions are determined in accordance with the Development Servicing Plan for Gunnedah Shire Council Water Supply and Development Servicing Plan for Gunnedah Shire Council Sewerage commencing on 01 July 2012, a copy of which may be inspected at the office of the Council. The above contributions have been adopted under the Council’s 2016/2017 Operational Plan. Revised rates adopted by Council in the subsequent Operational Plans will apply to lots released in later financial years. Reason: To ensure compliance with Council’s Development Services Plans.

H6. Council is satisfied that the proposed development is likely to increase the demand for the

following public amenities and public services within the area:

Stormwater Drainage Pursuant to Section 64 of the Local Government Act, 1993 Council requires the payment of a monetary contribution of $3,339.40. The contributions shall be paid prior to issue of an Occupation Certificate.

Note: The contributions required by this condition are determined in accordance with the

Gunnedah Shire Council Section 64 Development Services Plan – Stormwater commencing on 17 January 2013, a copy of which may be inspected at the office of the Council.

The above contributions have been adopted under the 2016/2017 Council Operational Plan.

Revised rates adopted by Council in subsequent Operational Plans will apply to lots released in later financial years.

Reason: To ensure compliance with Council’s Developer Services Plans.

I. Continued Operations


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I1. The owner of the building shall submit to Council at least once in each period of twelve (12) months following the building’s completion, an Annual Fire Safety Statement with respect to each essential fire safety measure associated with the building.

Reason: To ensure compliance and fire safety of the building.

I2. The development operating hours are limited to the operation of the premises between the following hours:

Monday – Friday: 7.00am until 6.00pm Saturday – Sundays: Closed

Reason: To ensure compliance with application and plans. I3. All landscaping shall be maintained at all times in accordance with the approved landscape

plan.

Reason: To ensure maintenance of landscaping.

I4. The sealing to all vehicular parking, manoeuvring and loading areas is to be maintained at all times. Reason: To ensure maintenance of car parking areas.

COUNCIL RESOLUTION

COUNCILLOR COUNCILLORS FOR

COUNCILLORS AGAINST

COUNCILLORS ABSENT

COUNCILLORS DECLARING AN


11.3 PLANNING PROPOSAL TO AMEND THE GUNNEDAH LOCAL ENVIRONMENTAL PLAN

(LEP) 2012 – PLANNING PROPOSALS FOR BLACKJACK CREEK, 2 SOUTH STREET AND VARIOUS LEP AMENDMENTS

AUTHOR Project Town Planner Council Resolution Moved Councillor A LUKE Seconded Councillor J CAMPBELL 18.09/17 COUNCIL RESOLUTIONS: That Council resolve to:

1. Prepare a draft planning proposal, pursuant to Section 55 of the Environmental Planning and Assessment Act 1979 for an amendment to the Gunnedah Local Environmental Plan 2012 to: a) Amend the following Land Zoning Map(s):

i) Land Zoning Map (LZN_005AA) to: a) Rezone Lot 1 DP 840712 and Lot 2 DP 555359 – 2 South Street,

Gunnedah, from SP2 Infrastructure and RE1 Public Recreation to B6 Enterprise Corridor;


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b) Rezone Lot 1 DP 591153, Lot 1 DP 736948, and Lot 1 DP 606235 – 4, 6 and 8 South Street, Gunnedah, respectively, from SP2 Infrastructure to R2 General Residential;

c) Rezone part of Lot 1 DP 1202465, Lot 2 DP 1202465, and Lot 1 DP 1202466, from R5 Large Lot Residential to RE1 Public Recreation;

d) Rezone part of Lot 4 DP 1202465 – 81 Wandobah Road, Gunnedah, from RE1 Public Recreation to R5 Large Lot Residential; and

b) Amend the following Floor Space Ratio Map(s): i) Floor Space Ratio Map (FSR_005AA) to:

a) Apply a floor space ratio of 1.5:1 to Lot 1 DP 840712 and Lot 2 DP 555359 – 2 South Street, Gunnedah; and

c) Amend the following Lot Size Map(s): i) Lot Size Map (LSZ_005AA) to:

a) Apply a minimum lot size of 650m2 to Lot 1 DP 591153, Lot 1 DP 736948, and Lot 1 DP 606235 – 4, 6 and 8 South Street, Gunnedah, respectively;

b) Apply a minimum lot size of 40ha to the rezoned part of Lot 4 DP 1202465 – 81 Wandobah Road, Gunnedah;

c) Apply no minimum lot size to the rezoned part of Lot 1 DP 1202465, Lot 2 DP 1202465, and Lot 1 DP 1202466;

d) Remove the words ‘no minimum’ from the map legend; and ii) Lot Size Maps (LSZ_005), (LSZ_005A), (LSZ_005AA), and (LSZ_005B)

to: a) Identify the map legend to state AB2 40ha; and

d) Amend the following sections of the Land Use Table: i) Zone IN1 General Industrial to:

a) Identify ‘landscaping material supplies’ in section 3 permitted with consent; and

ii) Zone E3 Environmental Management to a) Identify ‘farm buildings’ in section 3 permitted with consent;

and iii) Insert a new land use zone – B6 Enterprise Corridor.

2. Forward the draft planning proposal to the Department of Planning and

Environment for a Gateway Determination, and exhibit the proposal in accordance with that determination, pursuant to Sections 56-58 of the Environmental Planning and Assessment Act 1979; and

3. Request that the Director General of the Department of Planning and Environment issue a Written Authorisation to Council to Exercise Delegation of the plan making functions under Section 59 of the Environmental Planning and Assessment Act 1979 in respect of the planning proposal.

11.4 REVIEW OF FEES AND CHARGES – 2017/18 AUTHOR Manager Development and Planning Council Resolution Moved Councillor RG SWAIN Seconded Councillor D MOSES


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19.09/17 COUNCIL RESOLUTIONS:

That Council adopt the amendment to the Delivery Program 2017-2021 and Operational Plan 2017/18 by inclusion of the following fees into the Fees and Charges of the Plan: Local Government Act – Section 68 Approvals (per approval) - $95 Roads Act, 1993 – Road Opening Permit under Section 138 - $76.75 Registration of Complying Development Certificate (Private Certification) - $36 Amend wording – Certificate as to Outstanding Notices under Environmental

Planning & Assessment Act, 1979 & Local Government Act, 1993 - $48 11.5 SECTION 356 SMALL GRANTS (COMMUNITY AND SPORTS) Councillor C Fuller declared an interest, left the Chamber and took no part in discussion or

consideration of this item. AUTHOR Community and Social Planner Council Resolution Moved Councillor J CAMPBELL Seconded Councillor D MOSES 20.09/17 COUNCIL RESOLUTIONS:

That Council endorse the allocation of $34,580.00 under the 2017/18 Section 356 Small Grants (Community and Sports) round which includes: a) A total of $15,561.00 to four (4) sporting organisations. b) A total of $19,019.00 to seven (7) community organisations.

11.6 ‘FROM OUR PERSPECTIVE’ DISABILITY AWARENESS ACTIVITY AUTHOR Community and Social Planner Council Resolution Moved Councillor A LUKE Seconded Councillor M O’KEEFE 21.09/17 COUNCIL RESOLUTIONS:

That the information advising that the Access Working Group will facilitate the ‘From Our Perspective’ disability awareness event involving Councillors, staff and local retailers in the Gunnedah CBD in December 2017, be received and noted.

11.7 GUNNEDAH RURAL MUSEUM AUTHOR Community and Social Planner Council Resolution Moved Councillor R HOOKE Seconded Councillor RG SWAIN 22.09/17 COUNCIL RESOLUTIONS:

1. That Council authorise the General Manager to enter into a Lease Agreement with the Gunnedah Rural Museum and the Crown for a further three (3) years, expiring on 30 November 2019;


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2. That Council endorse the payment of $2,200 from the Public Facilities, Halls and

Community Centres budget to contribute towards the building and contents insurance of the Gunnedah Rural Museum for a period of three (3) years, expiring on 30 November 2019; and

3. That Council endorse the payment of $5,000 from the Community and Social

Planning 2017/18 budget to contribute towards operational costs and servicing of the Gunnedah Rural Museum public amenities.

12. INFRASTRUCTURE SERVICES 12.1 2017 LG NSW WATER MANAGEMENT CONFERENCE DELEGATES REPORT AUTHOR Manager Water Services Council Resolution Moved Councillor RG SWAIN Seconded Councillor D MOSES 23.09/17 COUNCIL RESOLUTION: That the information be received and noted. 12.2 RENEWED POOL COMPLEX FEE STRUCTURE AND INCOME LEVEL AUTHOR Manager Public Facilities Council Resolution Moved Councillor J CAMPBELL Seconded Councillor RG SWAIN 24.09/17 COUNCIL RESOLUTIONS:

1. That the information be noted; and 2. That the information to be forwarded to the Pool Working Group for feedback.

12.3 SIMPSON BRIDGE AUTHOR Survey and Design Officer Council Resolution Moved Councillor RG SWAIN Seconded Councillor R HOOKE 25.09/17 COUNCIL RESOLUTIONS:

1. That Council make an application to the Minister and the Governor for approval to acquire Lot 5 in DP1234935 by compulsory process under section 177(1) of the Roads Act 1993.

2. Upon Ministerial approval being granted, Council proceeds with the compulsory acquisition of the land described as Lot 5 in DP1234935 for the purpose of Public Road in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.


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3. Council make an application to the Minister and the Governor for approval to

acquire Lot 3 in DP1234935 by compulsory process under section 177(1) of the Roads Act 1993.

4. Upon Ministerial approval being granted Council proceeds with the compulsory acquisition of the land described as Lot 3 in DP1234935 for the purpose of Public Road in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

5. Gunnedah Shire Council requests the Minister for Local Government approve a reduction in the notification period from 90 days to 30 days.

13. PLANNING ENVIRONMENT AND DEVELOPMENT COMMITTEE Nil.

14. QUESTIONS ON NOTICE Nil.

CLOSED COUNCIL Council Resolution Moved Councillor M O’KEEFE Seconded Councillor R HOOKE

26.09/17 A Motion was Moved into Closed Council for consideration of the following matters and

that members of the press and public be excluded from the meeting, the reason being that the matters to be discussed concerned personnel and contractual matters, as detailed below:

a) Acting Director Infrastructure Services Report to Closed Council.

15. INFRASTRUCTURE SERVICES 15.1 CURLEWIS WATER SUPPLY PIPELINE PROJECT AUTHOR Manager Water Services Council Resolution Moved Councillor RG SWAIN Seconded Councillor R HOOKE 27.09/17 COUNCIL RESOLUTIONS:

1. Council agree to the terms of the grant funding under the Building Better Regions Fund for the Curlewis pipeline project with the execution date to be determined by the General Manager;

2. Council bring forward funds in the 2018/19 Operational Plan for the Curlewis pipeline project to the current 2017/18 Operational Plan;

3. Council allocate an additional amount for Curlewis pipeline project of $720,000 from Gunnedah Water Supply restricted assets;


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4. Council pursue a grant application under the Restart NSW Safe and Secure Water

Program to assist with Councils 50% share of the project; and

5. Council continue to investigate options to maintain water services to land holders potentially affected by the proposed decommissioning of the existing bores and infrastructure connected to the rising main at Curlewis and prepare a report for Council’s consideration.

This item is classified CONFIDENTIAL under Section 10A(2)(d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (d) Commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the Council, or (iii) reveal a trade secret.

This matter is classified confidential because of commercial information of a confidential nature. It is not in the public interest to reveal information that could prejudice a commercial position, confer a commercial advantage, or reveal a trade secret.

SUSPENSION OF STANDING ORDERS

A Motion was Moved Councillor M O’KEEFE, Seconded Councillor RG SWAIN that Council consider the Late Report to Closed Council of the Acting Director Infrastructure Services concerning the Curlewis Water Supply Pipeline Project.

15.2 CURLEWIS WATER SUPPLY PIPELINE PROJECT AUTHOR Manager Water Services Council Resolution Moved Councillor R HOOKE Seconded Councillor D MOSES 28.09/17 COUNCIL RESOLUTIONS: For the purpose of acquiring a suitable water storage reservoir site of the proposed

Curlewis to Gunnedah Pipeline Project, Council endorse the General Manager to sign off on the Memorandum of Understanding (MOU) for the acquisition of a portion of land attached to Lot 501 DP826303. This item is classified CONFIDENTIAL under Section 10A(2)(d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (d) Commercial information of a confidential nature that would, if disclosed:

(iv) prejudice the commercial position of the person who supplied it, or (v) confer a commercial advantage on a competitor of the Council, or (vi) reveal a trade secret.

This matter is classified confidential because of commercial information of a confidential nature. It is not in the public interest to reveal information that could prejudice a commercial position, confer a commercial advantage, or reveal a trade secret.


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RESOLUTION OUT OF CLOSED COUNCIL Council Resolution Moved Councillor A LUKE Seconded Councillor D MOSES

29.09/17 COUNCIL RESOLUTION: On the resumption of the Ordinary business of the meeting, the Chairperson reported that

the previous resolution was adopted in Closed Council. There being no further business, the meeting closed at7:00pm. Mayor J Chaffey CHAIRPERSON


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Notices of Motion

ITEM 1 Voluntary Planning Agreements MEETING Ordinary Meeting – 18 October 2017 DIRECTORATE General Managers Department AUTHOR Councillor OC Hasler POLICY Nil LEGAL Nil FINANCIAL Nil STRATEGIC LINK Community Strategic Plan

1.5.4 Implement and maintain developer contribution plans which require appropriate contributions so as not to unfairly burden ratepayers for future developers.

Operational Plan 1.5.4.1 Lobby for improvements to the planning system that support

Council's objectives and identify funding opportunities for local services and facilities through developer contributions, voluntary planning agreements and government agencies.

ATTACHMENT Nil

NOTICE OF MOTION: That Gunnedah Shire Council write to the Minister for Planning,The Hon Anthony Roberts, MP, seeking clarification as to whether it is legally appropriate under present legislation (and any proposed legislation) for elected Councillors to actively participate in the negotiation process involved in securing Voluntary Planning Agreements between a local government body and a mining company proposing a mining development.

Councillor OC Hasler

In seeking this clarification, Council should emphasise the previous experience of Gunnedah Shire Council, Narrabri Shire Council, Cobar Shire Council, Wellington Shire Council, Mid Western Regional Council and other LGA's where Councillor participation in such negotiations has been the standard practice.

Councillor Owen Hasler


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General Manager’s Report

ITEM 1 LG NSW Annual Conference – Voting Delegates MEETING Ordinary Meeting – 18 October 2017 DIRECTORATE General Manager's Office AUTHOR General Manager POLICY Nil LEGAL Nil FINANCIAL Nil STRATEGIC LINK Community Strategic Plan 1.3.2 Build relationships with all levels of Government, seek to

contribute to decision making and strongly advocate our local interests.

Operational Plan 1.3.2.1 Identify opportunities to advocate our interests with local

community groups, regional organisations and the State and Federal Government on issues such as planning, development and the provision of services and facilities.

ATTACHMENT Correspondence from LG NSW

OFFICER RECOMMENDATIONS: That Council: 1. Appoint Councillor ____________ as a delegate to attend the 2017 LG NSW Annual

Conference in place of Deputy Mayor, Councillor Swain; and

2. Nominate the Mayor and Councillor ___________ as its voting delegates for the 2017 LG NSW Annual Conference for the purposes of both voting on motions and the election of the LG NSW Board.

PURPOSE

To enable Council to consider its voting delegates to attend the LG NSW Annual Conference. BACKGROUND The 2017 LG NSW Conference (the Conference) will be held at the Hyatt Regency Sydney from Monday 4 December to Wednesday 6 December 2017. Submissions as resolved by Council at its September Ordinary meeting have been submitted. Council has previously resolved that the Mayor, Deputy Mayor, Councillor Moses and Councillor Hooke attend the Conference, at its August Ordinary meeting. Deputy Mayor, Councillor Swain, has advised of her inability to attend. Arrangements have been made for four (4) delegates to attend, and therefore Council is requested to nominate an alternate delegate. Council has been advised as of 10 October 2017, refer attached, that it is entitled to two (2) voting delegates for the purposes of voting on motions, and for voting in the LG NSW Board election. As the Mayor and Deputy Mayor have historically attended, they have generally been the voting delegates. It is recommended that of the attending delegates Council nominate one in addition to the Mayor as its voting delegates.


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COMMENTARY Recommend Council appoint an alternate delegate, in place of Deputy Mayor, Councillor Swain, and nominate a Councillor in addition to the Mayor as a voting delegate. Eric Groth GENERAL MANAGER


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Director Corporate and Community Services

ITEM 1 Disclosure by Councillors and Designated Persons MEETING Ordinary Meeting – 18 October 2017 DIRECTORATE Corporate and Community Services AUTHOR Director Corporate and Community Services POLICY Nil LEGAL Local Government Act 1993, Section 449 FINANCIAL Nil STRATEGIC LINK Community Strategic Plan

1.2.5 Continue to work to ensure Council has good governance and transparent decision making.

Operational Plan 1.2.5.4 Promote and support effective open and transparent Council

decision making including provision of quality business papers, meeting notices and minutes in accordance with legislative requirements.

ATTACHMENTS Register of Disclosures by Councillors and Designated Persons (to be tabled)

OFFICER’S RECOMMENDATIONS: That in relation to the report “Disclosures by Councillors and Designated Persons”, Council: 1. Note that all Councillors and identified designated persons have completed and lodged

Disclosure of Interest Returns in accordance with Section 449(3) of the Local Government Act 1993; and

2. Advise the Office of Local Government accordingly.

PURPOSE The purpose of this report is to satisfy the requirements of Section 449 of the Local Government Act 1993 and table that Disclosure of Interest Returns from Councillors and designated persons have been completed and lodged. BACKGROUND Section 450A(2) requires returns lodged with the General Manager under Section 450A must be tabled at meeting of the Council, being:

b) in the case of a return lodged in accordance with Section 449(3) – the first meeting held after the last day for lodgement under that subsection.

Nine (9) Councillors have completed their disclosures and all designated persons have complied with Section 449(3) provision of the Act in relation to disclosure of interests. The Register of Disclosure of Interest is available for perusal by any Councillor or member of the public. With regard to newly elected Councillors, Section 449(1) states:

(1) A councillor or designated person must complete and lodge with the general manager, within 3 months after becoming a councillor or designated person, a return in the form prescribed by the regulations.


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The following information has been provided to Councillors to assist in the completion of the Disclosure of Interest:

An extract from the Local Government Act 1993 An extract from the Local Government (General) Regulation 2005 Information and Privacy Commission Guideline 1 in relation to Government Information

(Public Access) Act 2009

ITEM 2 Rainbow Serpent Water Feature MEETING Ordinary Meeting – 18 October 2017 DIRECTORATE Corporate and Community Services AUTHOR Director Corporate and Community Services POLICY Nil LEGAL Local Government Act 1993 FINANCIAL Nil STRATEGIC LINK Community Strategic Plan 3.6.3 Council supports and facilitates arts and cultural programs in

partnership with the community. Operational Plan 3.6.3.1 Provide support and coordination so that the community is able to

enjoy high quality cultural services and events that meet community expectations, demands and needs.

ATTACHMENTS 1. Cost Plan – CONFIDENTIAL 2. Correspondence from Jill Watkins – CONFIDENTIAL 3. Correspondence from Kamilaroi Women’s Group – CONFIDENTIAL 4. Correspondence from Max Powell - CONFIDENTIAL

OFFICER’S RECOMMENDATIONS: 1. That the concept designs for the Rainbow Serpent Water Feature be endorsed so that

engineering designs can be finalised and then submitted to grant funding bodies should a suitable opportunity to fund the project arise.

2. That Council thanks the members of the working group that have contributed to the

project for their contribution thus far.

PURPOSE To present to Council the completed engineering designs and project estimates for the Rainbow Serpent Water Feature. BACKGROUND Gunnedah Shire Council formed a Cultural Precinct Committee over 10 years ago in order to engage the local arts community in the further development of the Precinct. A master plan was subsequently developed and adopted for the cultural precinct and incorporated sculpture and community art projects as way for the arts community to contribute to the facility. Workshops and consultations with representatives from the Kamilaroi people and Elders, with particular mention to Red Chief Land Council member and the late senior Elder Ellen Draper, resulted in the development of a Master Plan that would encompass 3 installations: 1. River Red Gum Tree - Completed and located in the Creative Arts Centre; 2. The Water Mural - Completed and located in the Creative Arts Centre; 3. Rainbow Serpent Water Fountain - Stage 1 of 3 Completed.


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In Stage 1 of the Rainbow Serpent Water Fountain project, artist concept designs were completed by artist Max Powell and community art workshops were held to create the full circle tile mosaics that are the feature of the design.

Original Artist Concept by Max Powell

Top view of Original Artists Concept by Max Powell

During Councils Ordinary Meeting in May 2016 Council resolved to support the development of design and construction plans to take the project to a ‘shovel ready’ state in order to pursue grants or sponsorship to fund the sculpture. The Council Resolution of May 2016:

That Council approve the allocation of an upper limit of $25,000 from the general fund to secure the development of design and construction plans (including hydraulic engineering) of the Rainbow Serpent Water Fountain to assist with the progression of the project to the construction phase.

Following that resolution an engineer that specialises in the development of public water features was engaged and briefed to undertake consultation with stakeholders and to complete the designs. Council’s consultant made a number of trips to Gunnedah to meet with representatives from the original working group and Council Staff.


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COMMENTARY During the stakeholder meetings our engineering consultant raised a number of technical challenges that would result from attempting to implement some aspects of the original artist concept in the practical design. These challenges resulted from issues with the size of the site, the proximity to the footpath, costs of ongoing maintenance and safety concerns. A number of compromises were discussed but a consensus was not able to be reached with all parties. Concerns raised by the artists with respect to the final design and the consultation process have been provided confidentially to Councillors in the attached letters. Also attached is a letter from a representative of the Kamilaroi Women’s group in support of the project and the final design. The completed concept design as shown below are a result of a number of engineering compromises necessary to suit the allocated site to the right of the stairway in front of the Civic Theatre, address safety concerns and minimise the cost of maintenance.

The estimated cost of the project is much higher than previously anticipated; primarily these costs have arisen from the possibility that the structure may need to be precast at a specialist workshop in Sydney and costs to install an automated water treatment system to comply with safety guidelines associated with public water features.


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The high level estimated costs associated with development of the sculpture are listed below:

Funding to be obtained

Construction Cost (further detail in attached estimates) $241,755.80

Plumber- Water Connection $2,000.00

Trenching and groundworks $2,000.00

Unloading- Cranes $1,980.00

Traffic Control Measures $1,660.00

Artist Consultation $7,000.00

Electricity connection $3,000.00

Community Consultation $2,000.00

Project Management $7,840.00

Foot Path Restoration $997.22

Media $2,000.00

DA Fees $5,434.07

Contingency $34,068.45

Total Project amount $311,735.54

There may be an opportunity for Council to save money by undertaking some of the works in-house or to reduce up front capital costs by installing a lesser quality water treatment system and having water quality monitoring and adjustment performed manually by Council staff. However, the labour costs associated with the ongoing monitoring would, over the life of the asset erode any savings made in the initial capital outlay. Endorsement by Council of the designs shall allow final designs to be completed by our consultant and for Council staff and community representatives to move forward with seeking grant funding or sponsorship to progress the construction of the sculpture when opportunities arise.

ITEM 3 Outstanding Resolution Register MEETING Ordinary Meeting – 18 October 2017 DIRECTORATE Corporate and Community Services AUTHOR Director Corporate and Community Services POLICY Nil LEGAL Local Government Act 1993 FINANCIAL Nil STRATEGIC LINK Community Strategic Plan 1.2.5 Continue work to ensure Council has good governance and

transparent decision making. Operational Plan 1.2.5.4 Promote and support effective open and transparent Council

decision making including provision of quality business papers, meeting notices and minutes in accordance with legislative requirements.

ATTACHMENTS Outstanding Resolution Register

OFFICER’S RECOMMENDATION: That the information be received and noted.

PURPOSE This report provides a list of past resolutions (Table Attached) that have not been completed.


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BACKGROUND As per Council’s resolution from the June 2011 Ordinary meeting, the report provides information on the current status of items, reasons for delay, estimated timeframes for completion and additional actions or support required to enable completion. COMMENTARY The outstanding resolution register is presented for information. Colin Formann DIRECTOR CORPORATE AND COMMUNITY SERVICES


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MINUTE NO

SUBJECT RESOLUTIONS DIRECTORATE STATUSACTION COMPLETED/IN PROGRESS/NOT STARTED

COMMENT DATE COMPLETE

Apr-13

Jun-13

Aug-13

Oct-13

27.10/13 Development Proposal - Gunnedah Aerodrome

1. That the General Manager be authorised to execute the Development Application for a Three Bay (partially enclosed) Light Aircraft Hangar at the Gunnedah Aerodrome, Wean Road, Gunnedah.2. That subject to approval of the Development Application, Council enter into a lease agreement with the proponent for occupation of the subject area of the aerodrome prior to the commencement of construction.

INFRASTRUCTURE SERVICES

1. ACTION COMPLETED2. IN PROGRESS

Draft license agreements developed for exchange with hanger owners. Feedback received from owners and amendments being incorporated prior to further consideration.

Nov-13

Dec-13

Feb-14

Mar-14

Apr-14

May-14

Jun-14

31.06/14 Consolidation of Fluoridation in Gunnedah Water Supply

That Council approach NSW Department of Public Health for funding to prepare a brief and engage a consultant to carry out the following:1. Comprehensive Investigation and Concept Design including installation costs, ongoing operation and replacement costs and monitoring requirements and associated costs.2. Undertake a community education program of the advantages and disadvantages of the proposal.3. Facilitate a statistically representative random community survey to validate the community wishes for the fluoridation proposal.


1. ACTION COMPLETED2. IN PROGRESS3. IN PROGRESS

Councillor workshop to be held on 5 April 2017. Liaising with Public Health to undertake education and community survey. Presentation to Council scheduled 20/09/17. Report to October 2017 Council Meeting on consultation process will effectively supersede and rescind Items 2 and 3.

Jul-14

Aug-14

Sep-14

Oct-14

13.10/14 Inclusive Playground - Progress Report

1. That The Touched by Olivia Foundation be advised of Council's interest in establishing a partnership in the development of an inclusive playground in Gunnedah.2. That funding options for development of an inclusive playground in Gunnedah be developed having regard to savings, developer contributions and external funding opportunities for consideration by Council in the development of the 2015/16 Operational Plan.3. That a Working Group including a representative from The Touched by Olivia Foundation and community members be established to provide input to and feedback on the development of a plan for establishment of an inclusive playground including location for consideration by Council in the development of the 2015/16 Operational Plan.

PLANNING AND ENVIRONMENTAL SERVICES

1. ACTION COMPLETED2. IN PROGRESS3. ACTION COMPLETED

1. MOU executed by TBO and Council on 19 August 2017.2. Ongoing for the life of the project. Funding opportunities including grants will be routinely investigated. Grant application lodged 9 August under Stronger Communities Fund.3. Working Group established and membership renewed annually. Concept Plan completed and endorsed by Council at an Extraordinary meeting on 3 July 2017.

23.10/14 Ashford's Watercourse Property Amendment

1. That Council proceed to acquire approximately 70 square metres of Lot 1 in DP318636 adjacent to Ashford's Watercourse.2. That $9,000 be allocated from revenue funds towards the estimated costs of this acquisition.


IN PROGRESS Subdivision has been registered - negotiating land transfer with owner.

GUNNEDAH SHIRE COUNCIL RESOLUTION REGISTER


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MINUTE NO




Nov-14

Dec-14

Feb-15

26.02/15 CLOSED ITEM - Former Abattoir Site - Potential Contamination Issues - 131 Quia Road, Gunnedah

1. That Council initiate enforcement action in respect of the Direction to Take Preventative Action issued on the owner of 131 Quia Road, Gunnedah to affect rectification work to the perimeter security fencing and erect asbestos hazard signage.2. That Council initiate further action under the Protection of the Environment Operations Act 1997 to effect clean-up of the site.3. That Council allocate $45,000 for legal expenses in the 2014/15 Operational Plan from General Revenue.


1. ACTION COMPLETED2. IN PROGRESS3. ACTION COMPLETED

1. Perimeter fencing reinstated. Follow up on other outstanding matters through legal advice. Costings of legal services being sought. Discussion with owner. Solicitor appointed. Legal advice recorded in awaiting outcome of Development Application for solar farm and subdivision. Development application to be considered by the JRPP 14/04/16. DA approved - proponent initiating project development.2. Report to July 2016 Council meeting. Asbestos removal commenced and ongoing.

Mar-15

2.04/16 Notice of Motion - Carroll Water Supply

Following receipt of the hydrology report which is being prepared by DPI that Council makes appropriate representations to the local State Member, Mr Kevin Anderson MP, to ascertain the best possible options for the village of Carroll in regard to the apparent decline in their domestic bores.

GENERAL MANAGERS OFFICE

IN PROGRESS Awaiting hydrology report. Contacted DPI on 13/07/16 to request update on progress of report. Contact with Water NSW has been ongoing via email and phone contact, however still awaiting final report. Staff have contacted DPI on 12 October 2017 to follow up pon outstanding request for hydrology report and associated information. Officer handling matter is no longer with DPI, and it has been referred to another office to respond.

3.04/16 Mayoral Minute - Irrigation Water Reductions Proposed for the Northern River System

That Council consider this proposal by Narrabri Shire Council in order to determine a Gunnedah Shire Council position regard to the matter which could include:1. A similar consultation process with Gunnedah Shire business and community organisations as to that envisaged by Narrabri Shire Council; and2. An indication of a willingness by Gunnedah Shire Council to participate in Namoi Joint Organisation sponsored meetings with Ministers Blair (NSW) and Joyce (Federal) in order to ascertain the respective positions of the said governments (state and federal) in relation to the "official position" on potential water reductions.


IN PROGRESS Matter advised to Chamber of Commerce.

Mar-16

Apr-16

Nov-15

April Extraordinary 2015

Apr-15

May-15

Jun-15

Jul-15

Dec-15

Oct-15

Aug-15

Sep-15

May-16

Feb-16


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MINUTE NO




22.05/16 Review to Gunnedah Shire Council Development Servicing Plan - Stormwater

1. That Council endorse a review of the Gunnedah Shire Council Development Servicing Plan - Stormwater.2. That an allocation of $35,000 for consultancy work to support the review be incorporated into the 2015/16 Operational Plan.


IN PROGRESS Stormwater Development Servicing Plan review awarded to GHD. Works expected to be completed in November with input from Council officers.

14.06/16 Gunnedah Memorial Pool Renewal Project - Status Report

1. That the report be noted;2. That Council endorse the colour pallet, as presented by the Architects, and authorise the inviting of tenders for construction of Stage 1 of the Gunnedah Memorial Pool Renewal Project.3. That the future fee structure and income for the Memorial Pool Complex be considered by the Memorial Pool Working Group and a report on its deliberations be presented for Council's consideration at the July Ordinary meeting; and4. That Council defer consideration of adjustments to the operating budget of the Memorial Pool Complex in its Long Term Financial Plan pending its assessment of the report on the fee structure and income level of the renewed complex.


1. ACTION COMPLETED2. ACTION COMPLETED3. IN PROGRESS4. ACTION COMPLETED

Manager Public Facilities working on the pool fees - will defer till February to allow time for due consideration. Tender report presented to February 2017 meeting, without awarding tender. Revised quotations received May 2017 for further Councillor workshop and Council report. Report on revised pool fees and charges to September Ordinary meeting for consideration. Adjustments made in the LTFP operational budget for 2018/19. Report sent to Council Ordinary Meeting on 20/09/17. Pool Working Group meeting scheduled for 26/10/17 to discuss the matter.

5.07/16 Investment Prospectus That Council:1. Allocate $15,000 to the 2016/17 Operational Plan within economic development funding for the development of an Investment Portfolio with an agribusiness focus for the promotion of Gunnedah as a place to invest and to assist in economic diversification;2. Undertake further investigation and the preparation of a report for Council's further consideration of the development for a longer term strategy targeted at expansion on the initial investment prospectus for the purpose of encouraging economic growth and diversification.



On hold until the appointment of an Economic Development Manager as resolved by Council on 15/02/17. Manager Economic Development appointed - has commenced investigating investment prospectus.

24.08/16 Apex Road Land Acquisition and Road Opening

1. Council make an application to the Minister and the Governor for approval to acquire Lot 3 DP1219902 by compulsory process under Section 177(1) of the Roads Act 1993.2. Upon Ministerial approval being granted, Council proceed with the compulsory acquisition of the land described as Lot 3 DP1219902 for the purpose of Public Road in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.


ACTION COMPLETED

Land acquisition completed - Gazettal 09/06/17. 09/06/2017

26.10/16 Wean Road Land Acquisition and Road Opening - Jaeger Road and Acquisition

1. That Council make application to the Minister and the Governor for approval to acquire Lots 11 and 12 in DP1225577 by compulsory process under section 177(1) of the Roads Act 1993.2. That upon Ministerial approval being granted, Council proceed with the compulsory acquisition of the land described as Lots 11 and 12 in DP1225577 for the purpose of Public Road in accordance with the requirements of the Local Acquisition (Just Terms Compensation) Act 1991.3. That Council make an application to the Minister and the Governor for approval to acquire Lot 13 in DP1225577 by compulsory process under section 177(1) of the Roads Act 1993.4. That upon Ministerial approval being granted, Council proceed with the compulsory acquisition of the land described as Lot 13 in DP1225577 for the purpose of Public Road in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.5. That Gunnedah Shire Council request that the Minister for Local Government approve a reduction in the notification period from 90 days to 30 days.


IN PROGRESS Applications submitted February 2017. Awaiting determination from Minister for Local Government to gazettal.

Dec-16

Oct-16

Sep-16

Jul-16

Nov-16

Aug-16

Jun-16


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MINUTE NO




2.12/16 Notice of Motion - Mining Voluntary Planning Agreements

1. That Council conduct a workshop in February 2017, outlining the process and justification for Mining VPAs, the workshop to be facilitated by a suitably qualified individual with experience related to Voluntary Planning Agreements in order for Council to be in a position to participate productively and knowledgably in future VPA negotiations with mining companies.2. Furthermore that, following the February workshop, Council initiative VPA negotiations with Whitehaven with regard to the proposed Vickery South mine extension.


ACTION COMPLETED

1. Workshop held on 15/02/17.2. Whitehaven aware that Council wishes to negotiate on VPA. Letter sent to Whitehaven and response received dated 05/09/17 including that their position is that they will discuss the VPA post EIS submission. The letter indicated that they expected the EIS to be lodged in the near term.

05/09/2017

4.12/16 Notice of Motion - Welcome to and Acknowledgement of Country Policy

1. That Council staff prepare a draft Welcome to and Acknowledgement of Country Policy in accordance with established guidance from the Office of Local Government for the March 2017 meeting of Council; and2. That changes to the Code of Meeting Practice be drafted to include an Acknowledgement of Country as a standing item on Council's Ordinary Meeting Agenda for exhibition to the public in accordance with the requirements for modifying the code under the Local Government Act and Regulations.

BUSINESS SYSTEMS AND GOVERNANCE


1. 12/04/172. Awaiting on the revised Model Code of Meeting Practice from the Office of Local Government.

5.12/16 Notice of Motion - Guiding Statement

That a change to the Code of Meeting Practice be drafted on Council's Ordinary Meeting Agenda to be brought before the Councillors in a workshop early in 2017 to present options to edit our mission statement, vision statement and organisational values.


IN PROGRESS Comments on Model Code of Meeting Practice submitted - awaiting confirmation of changes from Office of Local Government. Contacted OLG Governance Team on 27/07/17 and advised that new Model Code will not be available until November/December 2017.

26.12/16 Gunnedah Saleyards Land Acquisition and Gunnedah Sewer Works Land Acquisition

1. That Council make an application to the Minister and the Governor for approval to acquire land described as Lot 1 in DP1218657 and Lot 576 DP755503 by compulsory process under section 186(1) of the Local Government Act 1993.2. That upon Ministerial approval being granted, the subject land Lot 1 DP1218657 and Lot 576 DP755503, be classified as operational land.3. That Council make an application to the Minister and the Governor for approval to acquire land described as Lots 3 and 7 in DP1218657 by compulsory process under Section 186(1) of the Local Government Act 1993.4. That upon Ministerial approval being granted the subject land, lots 3 and 7 in DP1218657, be classified as operational plan.


IN PROGRESS Application being prepared for lodgement to Office of Local Government and awaiting response.

Feb-1713.02/17 Campervan and Motorhome Club

of Australia1. That Council lodge an expression of interest with the Campervan and Motorhome Club of Australia to stage a rally at Gunnedah during October 2018, with an offer of financial allowance of $50,000 for in kind and direct support of the event.2. That an allocation of $50,000 be considered in the preparation of the 2017/18 Operational plan to support the Campervan and Motorhome Club of Australia Rally proposal for Gunnedah during 2018.3. That a working group to support staff in a bid consisting of staff, three Councillors and at least two community members be established.4. That Councillors C Fuller, R Hooke and OC Hasler (pending his acceptance of the nomination) be appointed as delegates to the Campervan and Motorhome Club of Australia Working Group.


ACTION COMPLETED

Advised Council's intent to submit Expression of Interest to host event on 23/02/17. Negotiations undertaken with regard to hosting the event. Waiting on Board decision. Council has submitted an EOI and been successful in hosting the event.

12/10/2017

Mar-17

Apr-17


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MINUTE NO




4.04/17 Reallocation of Two Rivers Arts Council Funding

1. That the $12,000 due for payment to Two Rivers Arts Council in March 2017 be reduced to $8,700.2. That the remaining $3,300 be paid to the new Arts Group pending their successful incorporation and provision of required insurances.3. That the in-kind support provided to the Two Rivers Arts Council for the use of the Creative Arts Centre (front gallery, meeting space and subsidised workshops) be provided to the new Arts Group instead of TRAC pending successful execution of a written agreement between Council and the new Arts Group.4. That Council indicate that it will be reviewing its support of the organisations at the termination of the present MOU.


1. ACTION COMPLETED2. ACTION COMPLETED3. ACTION COMPLETED4. IN PROGRESS

Initial meeting with Arts Gunnedah held to discuss MOU, with draft to be prepared within the next 2 weeks.

May-172.05/17 Notice of Motion - Strategic Land

AcquisitionThat:1. Council investigate opportunities for strategic land acquisition within the Shire.2. A report be prepared for Council outlining any opportunities identified and a potential benefit and/or disadvantage of such an acquisition strategy.

PLANNING AND ENIVIRONMENTAL SERVICES


1. Workshop held on 02/08/17.2. Councillors invited to provide comment on land acquisition to staff. A number of submissions have been received and a further workshop will be held to discuss these submissions prior to Council considering a report on the matter.

16.05/17 Mathias Road Land Acquisition and Road Opening

1. That Council rescind its recommendations of the previous meetin on this matter.2. That Council make an application to the Minister and the Governor for approval to acquire Lot 1 in DP1230382 by compulsory process under section 177(1) of the Roads Act 1993.3. That upon Ministerial approval being granted, Council proceed with the compulsory acquisition of the land described as Lot 1 DP1230382 for the purpose of Public Road in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.


1. ACTION COMPLETED2. ACTION COMPLETED3. IN PROGRESS

Application made to Minister for Local Government.

Jun-17


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MINUTE NO




12.06/17 Community Strategic Plan That Council:1. Endorse the Community Strategic Plan 2017-2027, and adopt the Delivery Program 2017-2021 and Operational Plan 2017/18 incorporating the Statement of Revenue Policy and Fees and Charges Schedule inclusive of all amendments detailed in the report;2. Adopt the Resource Strategy documents (Long Term Financial Plan and Workforce Plan) pursuant to Section 403 of the Local Government Act;3. Make and levy all the rates, fees and charges for the 2017/18 financial year as detailed in the Statement of Revenue Policy and Operational Plan Fees and Charges schedule contained in the 2017/18 Operational Plan; 4. Require the General Manager to have staff investigate the opportunities, risks and any resource requirements of options for the establishment of a community gardens in consultation with Lucy Doubleday, and any other stakeholders in kind and appropriate financial support to community action groups and progress associations;5. Amend the Community Strategic Plan 2017-2027 to include a Council Role of "Advocate and support for improved developmental and educational outcomes for young children", and a Community Role of "Provide a supportive environment for young children and their families" within the theme of Retaining Our Quality of Life;6. Amend the Community Strategic Plan 2017-2027 to include an additional strategy, being "3.7.5 - Support initiatives which foster connectedness, resilience and opportunity within the early childhood community", with the Council roles being Advocate, Facilitator and Participant, and with the addition of Australian Early Development Census and ABS data as relevant measures;7. Amend the Community Strategic Plan 2017-2027 to include the role of Advocate for Council against 3.6.1;8. Amend the Community Strategic Plan 20172-2027 to include the measure of Event Statistics against Strategy 1.1.4; and9. Amend the Delivery Program 2017-2021 and Operational Plan 2017/18, and Long Term Financial Plan 2017-2027 to include the additional projects identified and as laid out, within the Table provided as Attachment 10 within this report.10. That the Dorothea Mackellar Memorial Society - Mackellar Centre Project as listed in the Unfunded Priority Projects be amended to Dorothea Mackellar Society Poetry Precinct, and that the Rainbow Serpent Fountain be added.


1-3. ACTION COMPLETED4. IN PROGRESS5-10. ACTION COMPLETED

4. Liaison with Lucy Doubleday commenced with regard to establishment of community garden.

18.06/17 Amendment to Voluntary Planning Agreement - Gunnedah Quarry Products - DA2012/185 Expansion of Marys Mount Blue Metal Gravel Quarry - Lot 22 DP1216060, Burleith, 334 Pownall Road, Mullaley and Lot 2 DP865898, Beulah, 259 Barker Road, Marys Mount

That Council authorise the exhibition of the proposed amendment to the Voluntary Planning Agreement for the Marys Mount Quarry.


IN PROGRESS Developer advised of Council decision. Waiting on lodgement of Modification of Consent application to enable public exhibition of proposal.


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MINUTE NO




33.06/17 South Ghoolendaadi Road Land Acquisition and Road Opening

1. That Council make application to the Minister and the Governor for approval to acquire Lot 3 in DP1232161 by compulsory process under section 177(1) of the Roads Act 1993.2. That upon Ministerial approval being granted, Council proceed with the compulsory acquisition of the land described as Lot 3 in DP1232161 for the purpose of Public Road in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.3. Council make an application to the Minister and the Governor for approval to acquire Lot 2 in DP1232161 by compulsory process under section 177(1) of the Roads Act 1993.4. That upon Ministerial approval being granted, Council proceed with the compulsory acquisition of the land described as Lot 2 in DP1232161 for the purpose of Public Road in accordance with the requirements of the Land Acquisition (Just Terms Compensation).5. Gunnedah Shire Council requests the Minister for Local Government approve a reduction in the notification period from 90 days to 30 days.

INFRASTRUCTURE SERVCIES

IN PROGRESS Acquisition plan completed and to be lodged following Section 30 agreement with land owner.

34.06/17 Gunnible Landcare Support That Council allocates up to $1,000 per annum to the Gunnible Landcare Group as a contribution towards grass and vegetation maintenance immediately north of the Namoi River.

INFRASTRUCTURE SERVCIES

IN PROGRESS Adjustments to be made to first QBR for 2017/18 in November 2017.

36.06/17 Closed Item - Tender T1617-12 - Blackjack Creek Riparian Corridor/Channel Reconstruction

That Council delegate authority to the General Manager to award Tender T1617-12 Blackjack Creek Riparian Corridor/Channel Reconstruction to Daracon Group for the amount of $1, 958,163.11 (GST exclusive).


IN PROGRESS Confirming details of tender with Daracon. Tender acceptance has been sent to Daracon.

37.06/17 Closed Item - Economic Development Support in China

That Council support the allocation of $25,000 from the existing Economic Development Manager wages allocation, to fund economic development and Sister City support in China.


IN PROGRESS To be rolled over to 2017/18 for payment of services. Progress payments have been processed. Support to be extended to the middle of September to coincide with Yinxhou delegation.

Jul-17

11.07/17 Gunnedah Water Supply - Carroll Street Main Replacement Funding

1. That Council allocate an additional $90,000 from the Gunnedah Water Supply Restricted Asset to Gunnedah Main Replacement Capital Works in the 201/718 Operational Plan to complete the main replacement project in Carroll Street.2. That Council allocate an additional $47,885.00 to the 2016/17 Management Plan from Gunnedah Water Supply Restricted Asset to cove rthe shortfall in the Water Main Replacement Program.3. That the proposed Chandos Street and Abbott Street Main Replacement Projects are listed for inclusion in the Draft 2018/19 Council Operational Plan.


ACTION COMPLETED

30/09/2017

13.07/17 Dedication of Land Under the Roads Act 1993

That:1. Council exercise due diligence in ascertaining possible land owners by advertising in the appropriate media giving 28 days for any surviving relatives of the original land owner to contact Council;2. Council advertise its intention to dedicate the roads in the plan of subdivision DP6022 as public road pursuant to Section 17 of the Roads Act 1993; and3. Council dedicate by Gazettal Notice the roads in the plan of subdivision DP6022 as Public Roads pursuant to Section 16 of the Roads Act 1993.


IN PROGRESS Council in discussion with Armidale Archive office prior to formal acquisition of land.

9.08/17 Donation of Flag Pole - Gunnedah RSL Sub-Branch

That Council approves the donation of 1 of the unused flag poles, currently located at the Gunnedah Shire Depot, to the Gunnedah RSL Sub-Branch for installation at their office.


ACTION COMPLETED

RSL advised of Council resolution 28/08/17. Liaising with Infrastructure Services commenced with regard to installation.

22/09/2017

Aug-17

July Extraordinary 2017


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MINUTE NO




18.08/17 Late Report - Infrastructure NSW Regional Growth - Environment and Tourism Grant Program

1. That Council allocate a budget of $80,000 from the Destination Management Plan Restricted Asset for the purpose of developing a feasibility study, business case and application for the Infrastructure NSW Regional Growth - Environment and Tourism Grant Program; 2. That the application seek funding from the NSW Government to establish a world class Koala Park and Education Centre in Gunnedah, the Koala Capital of the Workd, providing both ecomic and environmental outcomes for the Shire;3. That a further report be presented to a future meeting to consider the feasibility study.


IN PROGRESS Consultant engaged to prepare feasibility study. Workshop held with Councillors on 11/10/17.

19.08/17 Development Application 2017/031 - Removal of Dwelling House and Construction of a Replacement Dwelling House - Lot 2 DP801762 - 765 Orange Grove Road, Gunnedah

That consideration of this item be deferred pending a further report to Council providing legal advice. PLANNING AND ENVIRONMENTAL SERVICES

IN PROGRESS Legal advice has been received and the matter will be considered by Council at the September Ordinary meeting of Council.

30.08/17 Closed Item - Tender T1617-03 - Construction of Gunnedah Memorial Pool Complex Upgrade

1. That Council accept the Amended Revised Tander of Hines Constructions Pty Ltd of Bathurst as detailed in the report in the sum of $11,374,013.00 for construction of the Gunnedah Memorial Pool Complex Upgrade.2. That the Mayor and General Manager be authorised to execute the Construction Contract on behalf of Council.3. That an additional capital allocation of $3,347,013.00 be made to the Gunnedah Memorial Pool Complex Upgrade Construction budget on Council's 2017/18 Operational Plan.4. That Council endorse staff acfion in respect of lodgement of a Resources for Regions Expression of Interest seeking funding for completion of Stage 1 of the Gunnedah Memorial Pool Complex Upgrade.


1. ACTION COMPLETED2. ACTION COMPLETED3. IN PROGRESS4. ACTION COMPLETED

1. Letter of appeptance sent to Hines Constructions on 25/08/17.2. Completed.3. Budget to be updated in QBR1.4. Completed.

3.09/17 Notice of Motion - Australia Day That Australia being the 26th January remain the same at Gunnedah Shire Council. GENERAL MANAGERS OFFICE

ACTION COMPLETED

20/09/2017

4.09/17 Mayoral Minute - Year in Review That the information be received and noted. GENERAL MANAGERS OFFICE

ACTION COMPLETED

20/09/2017

5.09/17 2017/18 Financial Assistance Grants Program

That Council receive and note the information received from the NSW Local Government Grants Commission relating to the 2017/18 Financial Assistance Grants Program.


ACTION COMPLETED

20/09/2017

Sep-17


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MINUTE NO




6.09/17 LG NSW Annual Conference - Motions

That Council submit the following motions to the 2017 LG NSW 2017 Annual Conference:1. That LG NSW calls upon the NSW Government to implement a Royalties for Regions program based upon a set percentage of royalties being returned to Local Government Areas from whence they originate and/or are directly affected; 2. That LG NSW calls upon the NSW Government to make legislative changes that will allow some TSR's to be utilised by Recreational Vehicles (RV) users where so identified and supported by Councils in consultation with LLS; 3. That LG NSW Supports the reforms to the Environmental Impact Assessment process, especially in regard to the Social Impact Assessment, as currently proposed by the State Government Department of Planning and Environment, and calls upon the NSW Government to implement the same. Furthermore, that LG NSW write to the Minister for Planning advising of such and urging the prompt finalisation and implementation of the reforms; 4. That LG NSW petition the NSW Government to change the Local Government (General) Regulation 2005 to allow a Council by resolution to shorten the pre-poll voting period to the period including the Monday to Friday of the week before Election Day; 5. That LG NSW calls on the NSW Government to financially support Regional Organisations of Councils (ROCs) or Joint Organisations (JOs), enabling regions to develop projects of regional significance regardless of the type of organisation with which Councils associate; 6. That LG NSW lobby the Commonwealth Government to consider changing the scheduling of aircraft and timelines of movements into Sydney Airport to increase the availability of slots for Regional air services; 7. That LG NSW lobby the NSW Government to improve passenger rail services on regional and rural routes including the provision of a daily return passenger service into Sydney, with an adequately skilled workforce and modernised and updated fleet; 8. That LG NSW lobby the Commonwealth Government to review and provide options for a more sophisticated allocation of the Financial Assistance Grants funding that increases the allocation of funds to rural and remote areas of need; 9. That LG NSW lobby the NSW Government to abolish rate pegging; 10. That LG NSW requests the NSW Government carry out a review of the Local Government Act orders and costs recovery powers to create a new system of powers and costs recovery mechanisms that will allow Councils to more simply and effectively address unsightly, untidy, overgrown and unhealthy properties in line with community expectations; 11. That LG NSW lobby the NSW Government to encourage commercial enterprises to express interest in the establishment of a New High Energy Low Emissions/Ultra Super Critical coal fired power station to be located within NSW; and 12. That LG NSW lobby the NSW Government seeking a more equitable distribution of its health infrastructure funding to support current health services in regional and remote NSW.


ACTION COMPLETED

Notices of Motion submitted as resolved by Council. 06/10/2017

7.09/17 Investments That the principal investment of $66.8 million for all funds be received and noted. GENERAL MANAGERS OFFICE

ACTION COMPLETED

20/09/2017

8.09/17 Committee Structure and Representation

That Council endorse the appointments and additions to the Register of Council Committees, Reserve Trust Committees of Management and Advisory and Working Groups and Register of Delegates and Representatives.

CORPORATE AND COMMUNITY SERVICES

ACTION COMPLETED

Letters issued to external organisations advising delegates for the ensuring 12 month period.

25/09/2017

9.09/17 Meeting Dates for Ordinary Meetings to December 2018

1. That the information be received and noted, and that the proposed meeting aschedule up until December 2018 be endorsed:2. That the Ordinary Meetings of Gunnedah Shire Council continue to be held on the third Wednesday of each month commencing at 4:30pm;3. That Expression of Interests be sought from two Village Progress Association(s) and/or Committee(s) to host a Council Ordinary Meeting in 2018.


1. ACTION COMPLETED2. ACTION COMPLETED3. IN PROGRESS

10.09/17 Government Information (Public Access) Act - Annual Report 2016/17

1. That the Government Information (Public Access) Act 2009 Annual Report 2016/17 be received and noted.2. That a copy of the Government Information (Public Access) Act 2009 Annual Report 2016/17 be forwarded to the Office of the Information Commissioner and the Office of Local Government by 31 October 2017 in accordance with legislative requirements.


IN PROGRESS

11.09/17 Public Interest Disclosures Act - Annual Report 2016/17

1. That the Public Interest Disclosure Act - Annual Report 2016/17 be received and noted.2. That a copy of the Public Interest Disclosure Act - Annual Report 2016/17 be forwarded to the NSW Ombudsman and the Office of Local Government by 31 October 2017 in accordance with legislative requirements.


IN PROGRESS


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MINUTE NO




12.09/17 Delegations of Authority That Council resolves to appoint the following members of Council's Executive Management Team:Chief Financial OfficerDirector Corporate and Community ServicesDirector Infrastructure ServicesDirector Planning and Environmental Servicesas being able to act in the position of General Manager if the General Manager is sick or otherwise absent from work on leave with such appointment to cease upon the return to work of the General Manager or other resolution of Council.


ACTION COMPLETED

20/09/2017

13.09/17 Installation of Upgraded Hot Water System

1. That the Officer's decision to undertake replacement and upgrade of the hot water system attached to the Town Hall kitchen under the Urgent Works Provisions of the General Mana'gers delegations be endorsed.2. That a budget adjustment totalling an increase of $4,500 be made to the public facilities budget.


ACTION COMPLETED

20/09/2017

14.09/17 Outstanding Resolution Register That the information be received and noted. CORPORATE AND COMMUNITY SERVICES

ACTION COMPLETED

20/09/2017

15.09/17 Late Report - Campervan and Motorhome Club of Australia

1. That $3,632 be allocated for the expenses associated with sending one Councillor and one staff member to attend the Campervan and Motorhome Club of Australia Rally in Bundaberg on 8-15 October 2017.2. That Councillor OC Hasler be nomianted to represent Council at the CMCA Rally in Bundaberg during October.


ACTION COMPLETED

20/09/2017

16.09/17 Development Application 2017/031 - Removal of Dwelling House and Construction of a Replacement Dwelling House - Lot 2 DP801762 - 765 Orange Grove Road, Gunnedah

That Development Application 2017/031 - for the removal of dwelling house and construction of a replacement dwelling house, at 765 Orange Grove Road, Gunnedah, Lot 2 DP801762, be approved subject to the conditions as detailed in the report.


ACTION COMPLETED

21/09/2017

17.09/17 Modification of Consent Application 2016/096.003 - Removal Storage Shed and Alteration to the Location of the Disabled Access Ramp - Lots 1 and B DP408280 - 209-211 Bloomfield Street, Gunnedah

That the Modification of Consent 2016/096.003 for the removal of the storage shed and alteration to the location of the disabled access ramp, at 209-211 Bloomfield Street, Gunnedah Lot A and B DP408280, be approved subject to the deletion of condition A1 and inclusion of Condition A1a, with amended conditions as detailed in the report.


ACTION COMPLETED

27/09/2017

18.09/17 Planning Proposal to Amend the Gunnedah Local Environmental Plan 2012 - Planning Proposals for Blackjack Creek, 2 South Street and Various LEP Amendments

That Council resolve to prepare draft planning proposal pursuant to Section 55 of the Environmental Planning and Assessment Act 1979 for an amendment to the Gunnedah Local Environmental Plan 2012 as detailed in the report.


IN PROGRESS


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MINUTE NO




19.09/17 Review of Fees and Charges 2017/18

That Council adopt the amendment to the Delivery Program 2017-2021 and Operational Plan 2017/18 be inclusion of the following fees into the Fees and Charges of the Plan:Local Government Act - Section 68 Approvals (per approval) - $95Roads Act 1993 - Road Opening Permit under Section 138 - $76.75Registration of Complying Development Certificate (Private Certification) - $36Amend wording - Certificate as to Outstanding Notices under Environmental Planning and Assessment Act 1979 and Local Government Act 1993 - $48


ACTION COMPLETED

Delivery Program/Operational Plan fees and charges amended as required.

26/09/2017

20.09/17 Section 356 Small Grants (Community and Sports)

That Council endorse the allocation of $34,500 under the 2017/18 Section 356 Small Grants (Community and Sports) round which includes:a) A total of $15,561.00 to four (4) sporting organisations.B) A total of $19,019.00 to seven (7) community organisations.


ACTION COMPLETED

21/09/2017

21.09/17 From Our Perspective Disability Awarness Activity

That the information advising that the Access Working Group will facilitate the 'From Our Perspective' disability awareness event involving Councillors, staff and local retailers in the Gunnedah CBD in December 2017 be received and noted.


ACTION COMPLETED

20/09/2017

22.09/17 Gunnedah Rural Museum 1. That Council authorise the General Manager to enter into a Lease Agreement with the Gunnedah Rural Museum and the Crown for a further three years, expiring on 30 November 2019;2. That Council endorse the payment of $2,200 from the Public Facilities, Halls and Community Centres budget to contribute towards the building and contents insurance of the Gunnedah Rural Museum for a period of three years, expiring on 30 November 2019; and3. That Council endorse the payment of $5,000 from the Community and Social Planning 2017/18 budget to contribute towards operational costs and servicing of the Gunnedah Rural Museum public amenities.


IN PROGRESS

23.09/17 2017 LG NSW Water Management Conference Delegates Report

That the information be received and noted. INFRASTRUCTURE SERVICES

ACTION COMPLETED

30/09/2017

24.09/17 Renewed Pool Complex Fee Structure and Income Level

1. That the information be received and noted; and2. That the information to be forwarded to the Pool Working Group for feedback.



Pool Working Group meeting scheduled 26/10/17 to discuss matter.

25.09/17 Simpson Bridge 1. That Council make an application to the Minister and the Governor for approval to acquire Lot 5 inDP1234935 by compuslory process under section 177(1) of the Roads Act 1993.2. Upon Ministerial approved being granted, Council proceeds with the compulsory acquisition of the land described as Lot 5 in DP1234935 for the purpose of Public Road in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.3. Council make an application to the Minister and the Governor for approval to acquire Lot 3 in DP1234935 by compulsory process under section 177(1) of the Roads Act 1993.4. Upon Ministerial approval being granted Council proceeds with the compulsory acquisition of the land described as Lot 3 DP1234935 for the purposes of Public Road in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.5. Gunnedah Shire Council requests the Minister for Local Government approve a reduction in the notification period from 90 days to 30 days.


IN PROGRESS Section 30 agreement underway with landholder prior to progressing acquisition lodgement.

26.09/17 Closed Council A Motion was Moved into Closed Council for the consideration of the matters as detailed on the Agenda and that members of the press and public be excluded from the meeting, the reason being that the matters to be discussed concerned personnel and contract


ACTION COMPLETED

20/09/2017


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MINUTE NO




27.09/17 Closed Item - Curlewis Water Supply Pipeline Project

1. Council agree to the terms of grant funding under the Building Better Regions Fund for the Curlewis pipeline project with the execution date to be determined by the General Manager;2. Council bring forward funds in the 2018/19 Operational Plan for the Curlewis pipeline project to the current 2017/18 Operational Plan;3. Council allocate an additional amount for Culewis pipeline project of $720,000 from Gunnedah Water Supply restricted assets;4. Council pursue a grant application under the Restart NSW Safe and Secure Water Program to assist with Council's 50% share of the project; and5. Council continue to investigate options to maintain water services to land holders potentially affected by the proposed decommissioning of the existing bores and infrastructure connected to the rising main at Curlewis and prepare a report for Council's consideration.


1. IN PROGRESS2. IN PROGRESS3. IN PROGRESS4. ACTION COMPLETED5. IN PROGRESS

1. BBRF expected to be executed late November 2017.2. Funding completed during quarterly review.3. Funding completed during QBR1 in November.4. EOI lodged for grant SSWP funding in September.5. Underway and landholders advised of process and progress.

28.09/17 Closed Item - Curlewis Water Supply Pipeline Project

For the purpose of acquiring a suitable water storage reseroivr site of the proposed Curlewis to Gunnedah Pipeline Project, Council endorse the General Manager to sign off on the Memorandum of Understanding (MOU) for the acquisition of a portion of land attached to Lot 501 DP826303.


ACTION COMPLETED

MOU signed by landholder. 19/09/2017

1.10/17P Application to Modify Development Consent 2016/031.002 - Modification to Amend Staging Plan to Create Stages 1a and 1b - Lot 441 DP755503 - 11 Anzac Parade, Gunnedah

That the Modification of Consent 2016/031.002 for Modificiation to amend the staging plan to create stages 1 and 1b, at Lot 441 DP755503 - 11 Anzac Parade, be approved subject to the deletion of conditions A1, A2, D5, E13 and F14 and insertion of Conditions A1a, A2a, D5a, E13a and F14a as detailed in the report.


2.10/17P Development Application 2014/092.003 - Modification of Consent to Remove the Staging Plan - Lot 58 DP1208878 - 4 Favell Court, Gunnedah

That the Modification of Consent No. 2016/092.003, to remove the staging plan and subsequent alteration to conditions relating to staged works, at 4 Favell Street, Gunnedah, Lot 58 DP1208878, be approved subject to the deletion of condition A1, A2, D2, D6, D8, D9, D11a, D12, E22, E23, E24, F10, F11, F16, G1, G5 and G6 and inclusion of condition A1, D2a, D6a, D8a, D9a, D11b, D12a, D13, D14, D15, D16, F10a, F16a, G1a, G5a and G6a as detailed in the report.


Oct-17


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Director Planning and Environmental Services’ Report

ITEM 1 Namoi Councils Joint Organisation – Engagement Project China

MEETING Ordinary Meeting – 18 October 2017 DIRECTORATE Planning and Environmental Services AUTHOR Manager Economic Development POLICY Nil LEGAL Nil FINANCIAL $4000 (funded by the JO) STRATEGIC LINK Community Strategic Plan

2.1.1 Develop a diversified economy that is a balance of all economic contributors.

2.1.3 Actively encourage new industry to set up in the area. 2.3.3 Actively market the Gunnedah Shire as a destination and promote

our band locally, regionally, nationally and internally. Operational Plan 2.1.1.1 Review and prioritise implementation of actions in the Gunnedah

Economic Development Strategy in consultation with the Council and drive delivery of agreed outcomes including a diversified and growing economy.

2.1.3.1 Actively seek new business opportunities to assist in the expansion of existing businesses in the Shire by providing support, advice and marketing including provision of incentives through the Business Partner Program.

2.3.3.1 Development and delivery of a Gunnedah Shire marketing and promotion strategy to encourage economic development, including the development of trade links to important markets.

ATTACHMENT Correspondence from Andrew Pope, Chair of Namoi Councils Joint Organisation

OFFICER’S RECOMMENDATIONS: 1. That Council support the proposed International Mission to China in collaboration with

Namoi JO 2. That Council agree in principle to the funding of attendance of the Mayor to the Namoi

JO International Mission to China from the Namoi JO budget 3. That Council endorse a senior staff representative to travel as a member of the Namoi

JO joint International Mission to China with up to $5,000 travel and expenses costs to be drawn from the Economic Development budget.

PURPOSE Before the Namoi Joint Organisation progresses any further with the Engagement Project, China council needs to resolve approval for the mayor to attend the international mission to China. INTRODUCTION The Namoi JO International Engagement Project was developed in response to the 2015 Regional Australia Institute Report ‘Shaping the Future of the Namoi Region’. This report identified six future factors that the Namoi Councils Joint Organisation could influence to grow the economy of the Namoi region by an estimated $900million by 2036.


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The Joint Organisation International Engagement Project, China is endeavouring to address five of the six identified factors, being: Understand national and global cycles in commodity markets; Maximise agricultural production; Seeking international investment, on the right terms; Engaging the Namoi in major overseas markets; and Leverage regional brand marketing to attract people to live and work in the Namoi. BACKGROUND The JO established project working group and is being led by the expertise of Tamworth Regional Council and Gunnedah Shire Council. The group are working to facilitate and accelerate: Investment in our communities, Develop partnerships to increase innovation and productivity in agriculture, and Provide an opportunity for tourism exchange. To do this the Namoi Councils Joint Organisation has: Identified the region of NingBo, China to establish a regional relationship for the Namoi

Councils Joint Organisation. As part of developing an investment relationship with NingBo, member Councils will be

developing the investment opportunities that the region has to offer In addition to the investment opportunities, an industry profile for each Local Government Area

will also be presented in an attempt to develop business links and forge partnerships between investors and agriculture and agricultural innovators.

COMMENTARY Issues If Council wishes for an additional senior member of the team to attend this would be an additional $4000 to be covered by the council Assessment Travel and expenses of Mayor will be covered by the JO Other Comments The proposed itinerary is: 11 March Depart Sydney for Guangzhou. 12 March Trade and investment seminar with Delegates, Government officials, State Owned

enterprises, private enterprise, interested business representatives, Government partners and the Senior Trade Commissioner for Guangdong.

13 – 14 March Meetings with business officials NingBo, NSW Trade Commissioner for Shanghai, meetings with the Agricultural Ministry of the NingBo Government with signing of a Memorandum of Understanding.

15 March Trade and investment seminar with Delegates, Government officials, State Owned enterprises, private enterprise, interested business representatives, Government partners and the Senior Trade Commissioner for Shanghai.

16 March Depart Shanghai for Sydney.


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ITEM 2 Spirit of Christmas Fair – Request for Assistance MEETING Ordinary Meeting – 18 October 2017 DIRECTORATE Planning and Environmental Services AUTHOR Manager Economic Development POLICY n/a LEGAL n/a FINANCIAL $3000 STRATEGIC LINK Community Strategic Plan 2.1.3 Actively encourage new industry to set up in the area. 2.3.1 Actively seek to bring business, sporting and cultural events to

the area. Operational Plan 2.1.3.1 Actively seek new business opportunities and assist in the

expansion of existing businesses in the Shire by providing support, advice and marketing including provision of incentives through the Business Partner Program.

2.3.1.1 Actively promote, support and provide advice to community groups and business conducting events that promote local tourism.

ATTACHMENTS Nil

OFFICER’S RECOMMENDATIONS: 1. That Council approve contribution of a donation up to $200 to offset the cost of the

street trading application fee.

2. That Council contribute up to $2300 for the provision of labour costs associated with the temporary road closure of Elgin, Marquis and Chandos Streets.

3. That Council donate up to $500 for two newspaper advertisements promoting the 2017

Christmas Fair. 4. That the donations be drawn from the Business Partner Program Fund.

5. That the Chamber of Commerce acknowledges Council’s support in relation to the

conduct of the event.

PURPOSE The purpose of this report is to seek Council endorsement of support for the Gunnedah Chamber of Commerce’s (Chamber) Spirit of Christmas Fair (Fair). INTRODUCTION The Gunnedah Chamber of Commerce Spirit of Christmas Fair is proposed to be held in Gunnedah on 8th December 2017. It is proposed to close Conadilly Street from approximately 4.00pm until 9.00pm on this day. The Fair is being coordinated by the Chamber and it seeks support from Council to conduct the event. Specifically, the Chamber is seeking: Contribution to Street trading application fees. Closure of streets from 4pm until 9pm and costs associated (including advertising). Decoration of a Christmas tree. Allowing street trading to occur on the footpath outside shops with pedestrian access provided

on the roadway. TV Advertising and Production through NBN television


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BACKGROUND A Christmas fair, in various guises, has been a regular event in Gunnedah in past years. According to the chamber, in 2015, the Fair attracted one thousand community members and forty local businesses and groups participated. Cash prizes to the value of $4000 were given away at the 2015 event and a ‘Shop Gunnedah’ lottery was also conducted to encourage residents to shop locally. Hennessy Real Estate was the naming rights sponsor of last year’s event. There were thirty seven other sponsors. The request for assistance has been applied for under the Business Partner Program however due to the timeframe it is recommended the matter move through open council rather than the working group. COMMENTARY The Christmas Fair is an initiative of the Chamber of Commerce via the Retail Precinct Committee. This is an innovative event to maximise our unique boutique shopping experience in Gunnedah. The Christmas Fair has the potential to provide a fillip for the economy of Gunnedah leading into Christmas. The event will foster the Christmas spirit in Gunnedah and encourage shoppers to keep their spend in town as well as providing a gathering of the community and entertainment on the night. The total level of support applied for by the Chamber under the Business Partner Program was $6,364 including television advertising ($3,729) and contribution from the council to arrange street closure for the event (($2,300). A request to erect a Christmas tree as well as Christmas lights in the retail precinct however little information has been provided in relation to the decoration of a Christmas tree and as such it is difficult to recommend the provision of any support in this regard. Due to the timing of the event, it is recommended to proceed through an ordinary Council meeting rather than wait for the Business Partner Working Group to be meet. The recommendation to the Business Partner Program would be to provide a contribution towards street closure for the event including; street trading application fees, labour costs associated with closing the street on the night. It is not recommended that Council support the television advertising due to concerns about value for money. Providing $2,300 under the Business Partner Program would mean that the remainder of funds in the Business Partner Program would be $37,700. Further, it is important to note that it is likely that each street trader would have their own public liability insurance associated with their shop. Andrew Johns DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES


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Mr Eric Groth General Manager Gunnedah Shire Council PO Box 63 Gunnedah NSW 2380 E: [email protected]

Dear Eric

NAMOI COUNCILS JOINT ORGANISATION – ENGAGEMENT PROJECT, CHINA

The identified strategic regional priorities of the Namoi Councils Joint Organisation are articulated in the annual business plan. There are three strategic priorities identified for the 2016-2017 financial year including:

the International Engagement Project, China

Roads and Transport Infrastructure Priorities, and

the Local Government Skills Strategy

The International Engagement Project was developed in response to the 2015 Regional Australia Institute Report ‘Shaping the Future of the Namoi Region’. This report identified six future factors that the Namoi Councils Joint Organisation could influence to grow the economy of the Namoi region by an estimated $900million by 2036.

The Joint Organisation International Engagement Project, China is endeavouring to address five of the six identified factors, being:

Understand national and global cycles in commodity markets;

Maximise agricultural production;

Seeking international investment, on the right terms;

Engaging the Namoi in major overseas markets; and

Leverage regional brand marketing to attract people to live and work in the Namoi.

To address these factors, a project working group was established and is being led by the expertise of Tamworth Regional Council and Gunnedah Shire Council. The group are working to facilitate and accelerate:

Investment in our communities,

Develop partnerships to increase innovation and productivity in agriculture, and

Provide an opportunity for tourism exchange.

To do this the Namoi Councils Joint Organisation has:

Identified the region of NingBo, China to establish a regional relationship for the Namoi Councils Joint Organisation. It is believed that this is the first time in NSW that a region or collective of Councils is seeking to establish a regional relationship with China.

NingBo is the harbour city of Zhejiang Province. NingBo is on the edge of the East Sea and borders Shanghai to the north, Shaoxing to the west and Taizhou to the south.


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mailto:[email protected]

2 / 3

The NingBo-Zhoushan Port is one of the busiest ports in China and in 2013 it handled 809.78million tons of cargo, ranking the port first in all of China.

NingBo was among the first coastal cities opened up for foreign trade which has played an important role in the city’s economic development. In 2013, the total foreign trade value of Ningbo increased 3.9% to US$100.33 billion. Ningbo has attracted a large number of foreign investors, including large multi-national companies such as Schneider and Akzo Nobel. In 2013, the utilized FDI increased 14.8% to US$3.27 billion.

As part of developing an investment relationship with NingBo, member Councils will be developing the investment opportunities that the region has to offer. At this stage, four of the seven member Councils will have at least one investment opportunity.

In addition to the investment opportunities, an industry profile for each Local Government Area will also be presented in an attempt to develop business links and forge partnerships between investors and agriculture and agricultural innovators.

An awareness and promotional campaign about the Namoi region called ‘Namoi Unlimited’ is being developed. The new brand for the premier agricultural region in Australia is included on this letterhead.

There are a number of components to the awareness and promotional campaign including; a revised Investment Prospectus - in English and Mandarin, an interactive web presence about the investment opportunities for member Councils to insert into their own Council websites. To establish a WeChat and social media presence with the NSW Department of Trade and Investment based in China.

Part of the awareness and promotional campaign, is a proposed mission to China of the member Councils. The mission is expected to occur in March 2018.

The Mayors of the Namoi Councils Joint Organisation will be attending a series of events including ceremonial, business and investment series.

The Namoi Councils Joint Organisation has budgeted to pay for each Mayor’s to attend the mission and the Executive Officer. Funding is also being sought from the NSW and Australian Governments to support this activity.

The proposed itinerary is:

11 March Depart Sydney for Guangzhou

12 March Trade and investment seminar with Delegates, Government officials, State Owned enterprises, private enterprise, interested business representatives, Government partners and the Senior Trade Commissioner for Guangdong.

13 – 14 March Meetings with business officials NingBo, NSW Trade Commissioner for Shanghai, meetings with the Agricultural Ministry of the NingBo Government with signing of a Memorandum of Understanding.

15 March Trade and investment seminar with Delegates, Government officials, State Owned enterprises, private enterprise, interested business representatives, Government partners and the Senior Trade Commissioner for Shanghai.

16 March Department Shanghai for Sydney


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The estimated cost for this mission is $4,000 per person including transport, air travel, accommodation, translators and the seminar series. If your Council would like to send one additional delegate to the Mayor the cost per Council will be $4,000 for the expenditure as described above.

The seminar series of events to be presented will be supported by NSW Trade and Investment and the Commissioner in each area.

The Namoi Councils Joint Organisation is now seeking:

The approval of your Council to be part of this international mission to China.

That Council endorse your Council’s Mayor to attend, and

If requested by your Council, endorse and or approve the additional expenditure for a senior representative to attend.

To assist us with our planning and preparation, it would be appreciated if your Council would consider this matter at Council meetings in September or October.

The Namoi Councils Joint Organisation is working extremely hard on developing opportunities for member Councils through Strategic Regional Priorities and also operational working group activities. Our updates are provided in a circular after each Board meeting. Our Executive Officer continues to work from your Council offices at least once per month and is always available to you to discuss Joint Organisation activities.

Yours sincerely

Cr Andrew Hope Mayor, Liverpool Plains Shire Council Chair, Namoi Councils Joint Organisation

Contact: Ms Rebel Thomson, Executive Officer (02) 67675267

Date: 19 September 2017


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Acting Director Infrastructure Services Report ITEM 1 Simpson Bridge Reconstruction – Budget

Adjustment MEETING Ordinary Meeting – 18 October 2017 DIRECTORATE Infrastructure Services AUTHOR Works Manager POLICY NA LEGAL NSW Local Government Act 1993

Local Government (General) Regulations 2005 FINANCIAL Nett Nil STRATEGIC LINK Community Strategic Plan 1.5.1 Provide and maintain safe, serviceable and accessible public

facilities, parks and infrastructure including roads, footpaths and stormwater drains.

Operational Plan 1.5.1.7 Review and deliver the bridges capital works and maintenance

program. ATTACHMENTS Nil

OFFICER’S RECOMMENDATION: That Council re-allocate $610,000 from its Simpson Bridge allocation in the 2017/18 budget to Council’s General Fund.

BACKGROUND Council’s Long Term Financial Plan provided for $1.3 million to construct a single lane concrete bridge to replace the existing Simpson Bridge structure on Clifton Road. An opportunity arose to make a submission under the “Bridges for the Bush Grants” where Council were successful in obtaining an $800,000 grant. This resulted in the total project budget being adjusted to $2,228,094 and allowed the scope to be increased to cater for a two lane concrete bridge structure. Council awarded the bridge design and construction contract to Murrays in the amount of $1.107,800. Construction of the bridge approaches, project management and contingency cost estimate of $510,294 have left a remaining surplus of $610,000 to be reallocated back to Council’s General Fund.

ITEM 2 Consideration of Fluoridation in Gunnedah Water Supply

MEETING Ordinary Meeting – 18 October 2017 DIRECTORATE Infrastructure Services AUTHOR Manager Water Services POLICY Gunnedah Water Supply LEGAL Public Health FINANCIAL Nil STRATEGIC LINK Community Strategic Plan 1.5.2 Provide and maintain efficient water and sewerage systems that

support a growing community.


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Operational Plan 1.5.2.3 Ensure effective and efficient delivery of water services across

the Shire in accordance with best practice. 1.5.2.4 Implementation of Water Quality Assurance Framework in

accordance with Public Health Act. ATTACHMENTS Gunnedah Community Engagement Draft

OFFICER’S RECOMMENDATIONS: That Council endorse the proposed NSW Health community consultation process for the introduction of fluoridation of the Gunnedah Town Water Supply including: 1. Fact sheets prepared by NSW Health in conjunction with Council, provided to all

ratepayers; 2. Website providing further information, and providing a portal for local submissions; 3. Opportunity for presentations to Councillors at a workshop if requested; and 4. Report to Councillors summarising consultation process and submissions.

PURPOSE Council has previously discussed the possibility of installing fluoridation into the Gunnedah Water Supply in 2009, 2012 and again in 2014. This report provides a background to previous considerations and process for proceeding forward with community consultation. BACKGROUND In 2009 the report adopted by Council recommended in part:

That any decision on the proposed installation of fluoridation of the Gunnedah Water Supply be put on hold for 12 months following the commissioning of the automatic chlorination system for Gunnedah water supply. The recommendation from the June 2012 report was: 1. That the information be received and noted.

2. That Council seek much higher community support for fluoridation of the water supply than

reflected in the independent survey carried out by the Western Research Institute in May 2009 before any further action be taken.

The recommendation from the June 2014 report was: Council approach NSW Department of Public Health for funding to prepare a brief and engage a consultant to carry out the following: 1. Comprehensive investigation and concept design including installation costs, ongoing

operation and replacement costs and monitoring requirements and associated costs.

2. Undertake a community education program of the advantages and disadvantages of the proposal.

3. Facilitate a statistically representative random community survey to validate the community wishes for the fluoridation purpose.


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COMMENTARY Following on from the last consideration of the matter by Council in 2014, a comprehensive investigation and preliminary concept design, including installation costs, ongoing operation and replacement costs and monitoring requirements and associated costs has been completed by consultants engaged by NSW Health. The investigation concluded: 1. An estimated cost for providing fluoridation at Gunnedah using a single fluoridation and

chlorination system was $1.5M in January 2016.

2. The options study showed that it was technically feasible to provide fluoride water to Curlewis, Mullaley and Tambar Springs, however consideration should be given to the public health benefit provided versus the cost of implementation and operation. The pipeline from Gunnedah to Curlewis will allow fluoridated water to be provided to Curlewis however it is not feasible for the other two villages.

3. The estimated operational cost for the proposed fluoridation system for Gunnedah is $1,100 per week or approximately $60,000 per year.

ASSESSMENT The recent presentation to Councillors and Senior Staff reflects NSW Health’s desire to have fluoride added to all NSW town water supplies to improve dental health throughout the State, as well as the implied overall health benefits correlating with dental health. NSW Health have proposed a community consultation process for Councillor’s consideration as follows: 1. Fact sheet prepared by NSW Health in conjunction with Council and provided to all

ratepayers.

2. Provide a Website providing further information and a portal for local submissions. It is proposed that NSW Health would host the website and Council would provide a link to such through its own website and social media.

3. Opportunity for presentations to Councillors at a workshop if requested. This would be limited to a small number and specific timeslots.

4. Report to Councillors summarising consultation process and submissions. TIMEFRAME 1. Council endorsement of proposed DoH community consultation process 18 Oct 2017 2. Website established early November 2017 including GSC links to same 3. Fact sheet provided to all ratepayers early November 2017 4. Consultation and submission period of approximately 6 weeks closing mid December 2017 5. Presentation to Councillor workshop by interested parties late November 2017 6. A report for Council to note with respect to fluoridation and the public consultation process for

December 2017 Council meeting 7. February 2018 report to Council with recommendations based on the public consultation

results to determine whether: a) not to accept fluoridation of the Gunnedah town water supply or; b) request approval from NSW Health to commence fluoridation of the Gunnedah water

supply in accordance with Section 6 of the Fluoridation of Public Water Supplies Act or;

c) Council to refer the question of fluoridation of the Gunnedah water supply to the NSW Health Secretary for determination in accordance with Section 6A of the Fluoridation of Public Water Supplies Act 1957.


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ITEM 3 Fixing Country Truck Washes Grant Funding MEETING Ordinary Meeting – 18 October 2017 DIRECTORATE Infrastructure Services AUTHOR Acting Director Infrastructure Services POLICY Nil LEGAL Nil FINANCIAL Nil STRATEGIC LINK Community Strategic Plan 1.5.1 Provide and maintain safe, serviceable and accessible public


2.1.2 Support local business including small business across the Gunnedah Shire.

Operational Plan 1.5.1.17 Review and manage the delivery of the Gunnedah Regional

Saleyards capital works and maintenance programs. 2.1.2.1 Ensure the safe, efficient and financially sustainable operation of

the Gunnedah Regional Saleyards. ATTACHMENTS 1. Correspondence from NSW Transport advising partial funding of

$500,000 with qualification; 2. Correspondence from NSW Transport Roads & Maritime

Services advising confirmation of specific purpose grant funding for the Fixing Country Truck Washes Program;

3. Restart NSW Funding Deed (draft)

OFFICER’S RECOMMENDATION: That Council advise Infrastructure NSW that the grant funding under the Fixing Country Truck Washes Program will not be accepted.

INTRODUCTION This report refers to the partial and qualified offer of $500,000 grant funding under the Fixing Country Truck washes Program via Restart NSW. BACKGROUND In October 2016 Council applied for $1,093,150 in funding under the above program. In July 2017 Council received advice from Transport for NSW that it had been offered partial qualified funding of $500,000 for same. COMMENTARY The recommendation not to accept the grant funding is based on the following: Insufficient funds. The Infrastructure Services Department investigated whether the available

funding could be used to design and build a staged construction of a new truck wash at 3 potential locations including the existing truck wash site, the disused sheep yards site and the current site on Mathias Road where road trains currently uncouple. Given the constraints of the funding, required effluent treatment and intersection upgrades none of these sites proved feasible. INSW requested a co-contribution from Council for the shortfall. There is currently no allocation in Council’s budget or Long Term Financial Plan;

There is already an adequate truck wash facility at the saleyards that caters for the majority of heavy vehicles requiring such, namely stock crates;


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If Council accepted the grant funding the expectation would be that the truck wash would be opened up to all operators in the heavy vehicle industry and consequently increased types and quantities of waste generated by such. Council would be required to treat, handle, store, transport, classify, test and dispose of such waste in accordance with EPA and legislative requirements. The current treatment regime at the Sewerage Treatment Plant would be at considerable risk if the untreated effluent were to be received at such due to the current treatment design for anaerobic digestion of human waste and the potential to receive pathogen bacteria. This could then be transferred to the end users of our treated effluent water and potentially jeopardise Council’s long term arrangement for the beneficial irrigation reuse. Consequently there would have to be some form of onsite treatment designed by experienced engineers dealing with unknown substances which may be received at the facility.

The truck wash was not identified in the Community Strategic Plan or during the consultation process for same. The overall benefit to the community would be questionable with the primary beneficiaries to be a minority of heavy vehicle operators in the freight industry;

Council officers reviewed whether the benefit could be leveraged by combining and incorporating the truck wash facility with a truck parking area for fatigue management breaks and/or an uncoupling area for road trains. Given that there is a high likelihood in the future of road train freight access being increased and expanded to the Oxley and Kamilaroi Highways East of Gunnedah this did not again provide any significant long term value for the community as the uncoupling requirement would become redundant and trucks would prefer to park in town where they have better access to amenities, accommodation, grocery shopping and the like;

The are several environmental issues including noise, waste dumping (without using the wash down), odour and visual impacts. The location of a truck wash on one of the major entry approaches to town would potentially present an eyesore;

The ongoing maintenance costs would be borne by Council. Even given that there would be some cost recovery through the Avdata user payment system this would be unlikely to result in full cost recovery resulting in ratepayers effectively funding a minority of the heavy vehicle wash down users;

INSW was contacted to ascertain the potential for the funding to be used on other projects including potentially part funding a new abattoir wash down facility. However due to the nature of this specific purpose grant funding program this did not prove feasible.

ITEM 4 Request for Assistance – NSW Regional Fire Fighting Championship 2018

MEETING Council Ordinary Meeting – 18 October 2017 DIRECTORATE Infrastructure Services AUTHOR Manager Public Facilities POLICY Nil LEGAL Nil FINANCIAL Up to $1,000 STRATEGIC LINK Community Strategic Plan 3.6.5 Encourage use of open space, villages and facilities with a broad

range of arts and cultural, sporting and recreational activities. Operational Plan

3.6.5.3 Support and pursue opportunities for increased usage of sporting grounds throughout the Shire.

ATTACHMENTS Correspondence from Fire Rescue NSW Gunnedah


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OFFICER’S RECOMMENDATION: That Council allocates additional funding of up to $1000 in the 2017/18 Parks and Gardens Operational Budget for the provision and collection of bins for waste for the Fire Rescue NSW Regional Championships 2018.

INTRODUCTION Fire Rescue NSW (FRNSW) Gunnedah Unit has been successful in their application to hold one of three NSW Regional Fire Fighting Championships in Gunnedah in May 2018. The organisation has approached Council for assistance in providing services to assist their event as per the attached correspondence. BACKGROUND This is a regional event where Emergency Services compete in firefighting and associated competitions. This is the second event held in Gunnedah the first being in 2014. The event will be held on the 5th and 6th May 2018 at the Woolshed Reserve, where a training facility (track) was developed in 2014 to hold such events and is anticipated to attract 1500 service and support personnel along with spectators to Gunnedah, providing financial injection into the community and local economy over the weekend. COMMENTARY Fire Rescue NSW Gunnedah unit has requested assistance from Council to provide the following support: Access to the track from the Tuesday before the event to allow for set up; Use of the track on Woolshed Reserve on 5 and 6 May 2018 for the event; Use of the track on the first and third Monday of each month, between 1900 – 2100, in the

lead up to the event; Watering and mowing of the area to ensure that the site show cases Gunnedah to the 1500

visitors expected to attend the event; Placement of soil or sand around the edges of the concrete slabs on the track to mitigate

against trip hazards for competitors; Provision and collection of bins for waste. Issues The request for assistance will be managed through current procedures and maintenance

budget with the exception of the provision and collection of waste bins; The added cost estimate for the provision and collection of waste bins is approximately $850. Assessment The event will showcase Gunnedah and bring financial injection into the community; The previous event held in 2014 was a great success and benefit to the community.

Edward Paas A/DIRECTOR INFRASTRUCTURE SERVICES


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Community engagement:

Fluoridation in Gunnedah


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Objectives and notes • Objective of consultation – to help Councillors

understand community opinion as a consideration when Council makes a decision on fluoridation.

• There is no standard consultation model used across NSW. Consultation process should be decided by Council for greatest transparency.

• Opponents of fluoridation are vocal and will seek to engage with Council and other levels of government.


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Providing information to the public • Fact sheets / brochures / information sheets

• Mailed to account holders

• Printed for Council office pigeon holes

• Provides enough information for most people

• NSW Health will provide content on fluoridation

• Needs to include local context – which parts of the Shire will be affected? Increased costs?

• Co-branded NSW Health and Council?


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Providing information to the public • Website

• Fact sheets available for download

• Map showing areas proposed for fluoridation

• More detailed questions and answers?

• Can be used for people to make submissions

• Can be hosted by Council, NSW Health or third party


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Public events and engagement • Public forums

• Often attended by those pre-determined views

• Questionable benefit for general public

• Information stands at community events

• Council staff would need support to answer questions


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Public events and engagement • Public presentations to Councillors

• Allows supporters and opponents to speak directly to decision makers

• Allows Councillors to ask specific questions to presenters

• Likely to be requested anyway


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Public submissions • Written submissions through website (+ other means)

• Can be designed to only accept submissions from Shire residents if appropriate

• Gives an overview of general level of interest

• Postcard responses

• Can be a good for those with limited internet or concerns about privacy

• More difficult to compile responses than website


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Gauging public opinion • Total number of submissions gives an idea of the

general level of community concern. Can be used to inform further consultation if necessary.

• Citizens jury – difficult for decisions such as this where evidence will be conflicting.


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Gauging public opinion • Community survey

• Would be carried out by independent research organisation. Likely door to door survey.

• Must be designed correctly to provide accurate estimate of support/opposition to fluoridation.

• What level of support/opposition is enough for Councillors to decide in favour/against?


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Suggested consultation process NSW Health suggests the following process, but respects the decision of Council to vary this.

• Fact sheet prepared by NSW Health in conjunction with Council, provided to all Shire ratepayers.

• Website providing further information, and providing portal for local submissions.

• Opportunity for presentations to Councillors at workshop if requested (limited to a small number)

• Report to Councillors summarising consultation process and submissions.


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Transport for NSW 18 Lee Street, Chippendale NSW 2008 | PO Box K659, Haymarket NSW 1240 T 02 8202 2200 | F 02 8202 2209 | W transport.nsw.gov.au | ABN 18 804 239 602

Friday, 28 July 2017

Mr Eric Groth General Manager Gunnedah Shire Council 63 Elgin Street Gunnedah NSW 2380 [email protected]

Gunnedah Saleyards Truck Wash

Dear Eric,

Thank you for applying for funding under the Fixing Country Truck Washes initiative. We received many high-quality applications for co-funding from the State’s dedicated infrastructure fund, Restart NSW and the Australian Government.

You will have received a letter from the Minister for Roads Maritime and Freight advising you that Gunnedah Shire Council’s application for the Gunnedah Saleyards Truck Wash has been successful for a partial funding recommendation of $500,000 with qualification.

To ensure funding is delivered, Gunnedah Shire Council should provide the selection panel with the following additional information:

- Council to work with TfNSW to respecify works and revise the BCR, to ensure project meets industry needs, and to seek co-contributions.

Restart NSW Funding of this project will be via a funding deed. I have asked Julie Paton at Infrastructure New South Wales to liaise with Gunnedah Shire Council to progress administrative arrangements. If Council have not already contacted INSW please email [email protected] arrange a time to discuss the project and funding deed with INSW.

The NSW Government looks forward to working with Gunnedah Shire Council in delivering this important infrastructure project for the region.

Yours sincerely,

Damian Colclough Executive Director Freight Industry Freight, Strategy and Planning Transport for NSW


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At

Nitik GOVERNMENT

Transport Roads & Maritime Services

17/08/17

SF2017/132587

Eric Groth General Manager Gunnedah Shire Council 63 Elgin Street Gunnedah NSW 2380 [email protected]

Dear Mr Groth

Funding for the Fixing Country Truck Washes Program

I am pleased to advise that the NSW Government will provide a specific purpose grant of $500,000 (excluding GST) as part of the Fixing Country Trucks Washes Program in Gunnedah Shire Council.

The NSW Government funding will be administered by Roads and Maritime Services on behalf of Infrastructure New South Wales (INSW) and the Australian Government. Funds will be released on completion of each milestone. The first milestone will be for the commencement of the program (50% funding) and the second milestone will be for the completion of the program/project (50% funding).

Gunnedah Shire Council will be the delivery agent for the works and will bear the risk for the works accordingly as detailed in the agreed funding deed. If a variation is required to the approved scope, formal approval must be sought from Infrastructure New South Wales.

Please note, before final payment is made to the council for completion of the project with the agreed scope, a "Project Completion Form" must be submitted to Infrastructure New South Wales.

To be eligible for funding, you must accept the conditions above by signing and dating the bottom of this letter and emailing a copy to Christopher.WONGrms.nsw.qov.au by Friday 8 September 2017.

Roads and Maritime Services

20-44 Ennis Road, Milsons Point NSW 2061 I Locked Bag 928, North Sydney NSW 2059 I www.rms.nsw.gov.au 113 17 82


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Tax Invoices should be addressed to:

Christopher Wong Roads and Maritime Services Programs and Performance Network Sydney — Sydney Division Level 5/27 Argyle Street Parramatta NSW 2150

Should you require more information, please contact Mr Christopher Wong, Manager Programs and Performance, at Roads and Maritime on 02 8843 3090.

Yours sincerely / faithfully

Farid Beshara Principal Manager, Programs and Performance Sydney Division Roads & Maritime Services

Signature (General Manager/Project Manager) Date:

Position Description of the signatory


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Restart NSW Funding Deed (DRAFT)-RNSW1151 – Gunnedah Saleyard Truck Wash – v1 1

Restart NSW Funding Deed

Formal Instrument

Parties The Treasurer as the Minister administering section 8(a) of the Restart NSW Fund Act 2011 (NSW) acting for and on behalf of the Crown in right of the State of New South Wales

Treasurer of NSW

The party named as the Recipient in the Agreement Particulars

Gunnedah Shire Council

Background

A. The Recipient's application for Restart NSW funding has been successful and the Treasurer, as the Minister administering section 8(a) of the Restart NSW Fund Act 2011 (the Act), has given his approval under that section for the funding to be paid out of the Restart NSW Fund established under section 5 of the Act (the Restart NSW Fund).

B. This Agreement sets out the terms on which the funding will be provided.

Operative Provision

The parties promise to carry out their respective obligations under this Deed, which comprises:

1. this Formal Instrument;

2. the Agreement Particulars;

3. the General Conditions; and

4. the Attachments.

Signed as a deed.

Signed sealed and delivered by Michael Pratt, Treasury Secretary, as agent for the Treasurer of NSW, the Minister administering s.8(a) of the Restart NSW Fund Act 2011 (NSW) for and on behalf of the Crown in right of New South Wales in the presence of: ______________________________ (Signature of witness) ______________________________ (Name of witness in full)

______________________________ (Signature of Treasury Secretary, as agent for the Treasurer) Michael Pratt, Treasury Secretary, as agent for the Treasurer of NSW ______________________________ (Date)


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(Alternate: Use if the Recipient is a local council and execution is under seal – delete the other execution blocks for Recipients) THE COMMON SEAL of [insert name of Council] was affixed on __________________________ Pursuant to a resolution passed by the Council on ___________________ (Note: Must be signed in accordance with Council resolution by Mayor/Councillor and GM or Mayor and Councillor or two Councillors)

___________________________________ (Signature) ___________________________________ (Name of signatory) ___________________________________ (Signature) ___________________________________ (Name of signatory)

(Alternate: Use if the Recipient is a local council and the council has by resolution delegated execution of this Deed to the General Manager) SIGNED SEALED AND DELIVERED for and on behalf of [insert name of Council] by its delegate in the presence of : ___________________________________ (Signature of Witness) ___________________________________ (Name of Witness)

___________________________________ (Signature of delegate) ___________________________________ (Name of delegate) General Manager (Position of delegate)


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Agreement Particulars

Name of Recipient Gunnedah Shire Council

ABN of Recipient 80 183 655 793

Address of Recipient

63 Elgin Street GUNNEDAH NSW 2380

Grant number RNSW 1151

Project title Gunnedah Truck Wash

Project description

To provide a supplemental two bay truck wash to the west of the Gunnedah near the Kamilaroi Highway

Funding Amount

(Clause 2.1(a))

$250,000

Progress Payments or Milestone Payments

(Clause 2.1(b))

Monthly Progress Payments

Recipient's Representative

(Clause 3.1)

Mr Edward Paas

Acting Director, Infrastructure Services

Reporting

(Clause 3.5 and clause 5.3)

Frequency of Progress Reports: Monthly

Timing of Final Report: Within 20 Business Days after completion of construction of the Project.

Applicable NSW Government Policies

(Clause 3.7)

• NSW Government Code of Practice for Procurement and Implementation Guidelines to the New South Wales Code of Practice for Procurement: Building and Construction;

• Workplace Health and Safety Management Systems Guidelines;

• Environmental Management Systems Guidelines

Other Recipient obligations

(Clause 3.12)

……………………………………………………………………………...

……………………………………………………………………………...

……………………………………………………………………………...

………………………………………………………………………………

(Specify whether any of these obligations are performance obligations for the purposes of clause 2.2(b) i.e. a condition precedent for payment.)

Insurances

(Clause 4.1)

• Public Liability Insurance and Insurance of Works

• Workers’ Compensation: and

• where appropriate, Professional Indemnity Insurance.


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Notices to the Treasurer(Clause 7.2)

Address: NSW Treasury

Level 27, Budget Strategy Division

GPO Box 5469

SYDNEY NSW 2001

email: [email protected]

For the attention of: Ziggi Lejins

Notices to Recipient

(Clause 7.2)

Address: P O Box 63, GUNNEDAH NSW 2380

Fax: 02 6740 2139

Email: [email protected]

For the attention of: Edward Paas, Acting Director of Infrastructure Services

Attachments (including Project Plans)

1. Project Scope/ Outline;

2. Project Schedule/ Timeline;

3. Asset Procurement Plan;

4. Risk Management Plan;

5. Cost Control Plan & Project Cash Flow; and

6. Signage Guidelines


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General Conditions

1. Defined terms

Unless the context indicates otherwise, capitalised terms are as defined in the Agreement Particulars or the Background.

2. Funding

2.1 Provision of funding

(a) The Treasurer will provide the Funding Amount to the Recipient in accordance with and subject to the terms of this Deed; and

(b) the Funding Amount will be paid by way of Progress Payments or Milestone Payments (as specified in the Agreement Particulars).

2.2 Conditions precedent to payment

The payment of the Funding Amount or any part of the Funding Amount under this Deed is conditional on, as at the time for payment set out in clause 2.6(b):

(a) there being sufficient funds available in the Restart NSW Fund;

(b) the Recipient complying with the requirements of clauses 2.3, 2.4, 2.6, 3.2, 3.5, 3.6, 3.7, 3.8, 3.9, 3.11, 4.1 and any other obligations for the Recipient for the purposes of clause 3.12 set out in the Agreement Particulars which are specified to be performance obligations for the purposes of this clause 2.2(b); and

(c) the Recipient having not abandoned the Project.

For the purposes of this Deed including without limitation this clause 2.2 and clause 3.10, the Recipient will have abandoned the Project if there has been a cessation of works for any reason for a continuous period of 6 months (or such longer period as the Treasurer may agree to in writing).

2.3 Funding to be used for Project only

The Recipient must use the Funding Amount for the purposes of the Project, and must not use the Funding Amount for any other purpose.

2.4 Use it or lose it

(a) The Treasurer is not obliged to pay any further Progress Payments or Milestone Payments if:

(i) at any time, the Progress Payments earned by the Recipient are less than 50% of the Progress Payments which the Recipient was expected to have earned at that time; or

(ii) a Milestone is not achieved by the relevant Milestone Sunset Date.

(b) The Treasurer may, at his discretion, agree to continue paying Progress Payments or Milestone Payments (as applicable) even if clause 2.4(a) applies.


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2.5 Progress Payments

(a) Subject to clause 2.5(b), if the Funding Amount is payable by way of Progress Payments, the amount of each Progress Payment will be:

(i) the value of the works completed; less

(ii) the Progress Payments already paid to the Recipient.

(b) The Progress Payments can never exceed the Funding Amount.

2.6 Payment claims

(a) The Recipient must give the Treasurer and the Treasurer’s Representative a claim for payment:

(i) if the Funding Amount is payable by way of Progress Payments:

A. within 7 days after the end of each month; and

B. which includes the evidence reasonably required by the Treasurer of the Project costs incurred by the Recipient;

(ii) if the Funding Amount is payable by way of Milestone Payments, upon completion of each Milestone; and

(iii) in the format the Treasurer reasonably requires.

(b) Within 30 days of receiving a payment claim under clause 2.6(a), the Treasurer must pay the amount claimed (or such lesser amount as the Treasurer determines is then payable).

2.7 GST

(a) In this clause 2.7:

(i) except where the context suggests otherwise, words and phrases used in this clause 2.7 that are defined in the GST Act have the same meaning as in that Act;

(ii) unless otherwise expressly stated, all consideration to be provided under any other provision of this Deed is exclusive of GST; and

(iii) any part of a supply that is treated as a separate supply for GST purposes (including attributing GST payable to tax periods) will be treated as a separate supply for the purposes of this clause 2.7.

(b) Any payment or reimbursement required to be made under this Deed that is calculated by reference to an amount paid or incurred will be limited to the total amount less any input tax credit to which an entity is entitled for an acquisition to which the amount relates.

(c) If GST is payable in relation to a supply made under or in connection with this Agreement, then the party (Recipient) that is required to provide consideration to another party (Supplier) for that supply must pay an additional amount to the Supplier equal to the amount of that GST (GST Amount) at the same time as


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any other consideration is to be first provided for that supply, or if later, within 7 days of the Supplier providing a valid tax invoice to the Recipient.

(d) If the GST Amount recovered by the Supplier from the Recipient under paragraph (c) for a supply differs for any reason from the amount of GST paid or payable by the Supplier on that supply, then the Recipient must pay to the Supplier on demand (or the Supplier credit the Recipient with) the amount of that difference. If any adjustment event occurs in relation to a supply, the Supplier must give the Recipient an adjustment note within 7 days after the date of the adjustment event.

(e) In this clause 2.7:

(i) GST includes amounts defined as "GST" under the GST law and:

A. amounts payable on account of a notional liability under Division 177 of the GST Act; and

B. "GST equivalents" payments under the Intergovernmental Agreement Implementation (GST) Act 2000 (NSW) (or similar payments under corresponding legislation of any other State or Territory).

(ii) GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(iii) GST law has the same meaning as in the GST Act.

2.8 No rights to assets

The Treasurer has no rights with respect to the assets purchased with the Funding Amount, other than those set out in this Deed.

2.9 No other funding or support

The Treasurer has no obligation to provide the Recipient with:

(a) subject to clause 2.2, any funding in addition to the Funding Amount; or

(b) any other support or services of any kind.

3. Recipient's Obligations

3.1 Recipient's Representative

(a) The Recipient's Representative is responsible for managing the Recipient's obligations under this Deed and must:

(i) be available at all reasonable times for communications with the Treasurer or the Treasurer’s Representative referred to in clause 3.2; and

(ii) be capable to act with the Recipient's full authority in matters relating to this Deed.

(b) The Recipient must notify the Treasurer and the Treasurer’s Representative immediately of any change to the Recipient's Representative.


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3.2 Treasurer’s representative

(a) The Treasurer may, from time to time, nominate in writing a representative (Treasurer’s Representative) to act on the Treasurer’s behalf to validate the Recipient’s reporting in accordance with the Recipient’s Project Plans, and payment claims.

(b) The Recipient must co-operate with the Treasurer’s Representative.

(c) The Treasurer’s Representative has no authority to amend or waive the requirements of this Agreement.

3.3 Acknowledgement and publicity

(a) The Recipient will use the Restart NSW logo in accordance with the Signage Guidelines (contained in Attachment 6) and any other government signage in accordance with any signage guidelines relating to that signage provided to the Recipient or, in the event that there are no relevant signage guidelines, in accordance with the reasonable directions of the Treasurer or the Treasurer’s Representative.

(b) The Recipient may acknowledge the receipt of Restart NSW funding in all publications and media releases in relation to the Project.

(c) The Recipient must use its best endeavours to:

(i) give the Treasurer and the Treasurer’s Representative reasonable prior notice of any public announcements, launches and events relating to the Project; and

(ii) allow a representative of the Treasurer, the Treasurer’s Representative or the State of New South Wales to participate in such public announcements, launches and events.

3.4 Use of materials and documents

(a) The Recipient grants to the Crown in right of the State of NSW including without limitation all Ministers, NSW Government agencies, statutory bodies representing the Crown and/or any other body that has the status, privileges and immunities of the Crown (the Crown) a licence to use any intellectual property rights subsisting in any material or documents provided to the Treasurer or the Treasurer’s Representative by the Recipient, including the right for the Crown to publish such material or documents, with the exception of material that is Confidential.

(b) The Treasurer may publish the terms of this Deed and any material or documents provided to the Treasurer or the Treasurer’s Representative by the Recipient, with the exception of material that is Confidential.

(c) For the purposes of this clause 3.4, "Confidential" means any information that discloses:

(i) the Recipient’s financing arrangements;

(ii) the Recipient’s cost structure or profit margins;

(iii) the Recipient’s full base case financial model; or


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(iv) any matter the disclosure of which would place the Recipient at a substantial commercial disadvantage in relation to its competitors and/or suppliers, whether at present or in the future.

3.5 Reporting

The Recipient must provide the following reports to Treasurer or, if directed, the Treasurer’s Representative, at the frequency or time stated in the Agreement Particulars:

(a) Progress Reports, which must include:

(i) the status of delivery against schedule;

(ii) any delay in the delivery of the Project;

(iii) details of the Project costs incurred to date;

(iv) Project risks/ issues;

(v) key achievements in the reporting period;

(vi) copies of published reports and materials in relation to the Project;

(vii) photographs documenting the progress of the Project; and

(viii) such other information reasonably requested by the Treasurer; and

(b) a Final Report, outlining the achievements of the Project, including Project acquittal.

3.6 Access and audit rights

(a) The Treasurer reserves the right to audit the Recipient's compliance with this Deed.

(b) Provided that reasonable prior notice is given to the Recipient, the Recipient must provide the Treasurer or the Treasurer’s Representative with access to:

(i) all sites on which the Project is being conducted; and

(ii) all Project material or information reasonably requested by the Treasurer or the Treasurer’s Representative.

3.7 Compliance with law and policies

(a) The Recipient must, in carrying out the Project, comply with, and ensure that any contractors engaged on the Project comply with, all applicable laws and obtain all necessary statutory approvals.

(b) The Recipient must comply with, and ensure that any contractors engaged on the Project comply with, all applicable NSW Government Policies set out in the Agreement Particulars.

3.8 Changes to the Project

(a) The Recipient must immediately notify the Treasurer and the Treasurer’s Representative if the Recipient proposes to make a significant change to the Project.


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(b) The Recipient acknowledges and agrees that the Treasurer is not obliged to pay any further Progress Payments or Milestone Payments if there has been a significant change to the Project which has not been approved by the Treasurer.

3.9 Project Plans

(a) The Recipient must use its best endeavours to deliver the Project in accordance with the project plans referred to in the Agreement Details as Attachments (Project Plans).

(b) The Recipient must update the Project Plans:

(i) whenever necessary to address a significant change to the Project; and

(ii) in any event, annually,

unless the parties agree otherwise.

(c) The Recipient's obligations under this clause 3.9 are material obligations for the purposes of clause 5.2.

3.10 No abandonment

The Recipient must not abandon the Project without first providing the Treasurer and the Treasurer’s representative with one months' notice of its intention to do so.

3.11 Project not to be brought into disrepute

The Recipient must not act in a way that may bring the Project into disrepute.

3.12 Other Recipient obligations

The Recipient must comply with any other obligations for the Recipient set out in the Agreement Particulars.

4. Risk

4.1 Insurance

The Recipient must effect and maintain any insurances that are set out in the Agreement Particulars and if requested, the Recipient must produce satisfactory evidence to the Treasurer and the Treasurer’s Representative that these insurance policies have been effected and maintained.

4.2 Third party claims

(a) The Recipient indemnifies the Treasurer against liability to or claims by any third party arising out of or in connection with the Project or this Deed.

(b) The Recipient's responsibility to indemnify the Treasurer under clause 4.2(a) is reduced to the extent that an act or omission of the Treasurer has caused or contributed to the liability.


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5. Termination

5.1 Rectification of a breach by the Recipient

If the Recipient is in breach of any of its obligations under this Deed, or is otherwise not undertaking or is unable to carry out the Project, then the Treasurer may:

(a) request a rectification plan from the Recipient;

(b) reject or approve the rectification plan; and

(c) suspend any further Progress Payments and Milestone Payments until the breach has been rectified.

5.2 Termination for breach

(a) The Treasurer may immediately terminate this Deed if:

(i) the Recipient fails to remedy any material breach of this Deed within a reasonable period after receiving notice from the Treasurer directing it to do so;

(ii) the Recipient fails to prevent the recurrence of a breach of any obligation which it has breached on 2 or more previous occasions, after receiving notice from the Treasurer directing it to do so;

(iii) the Treasurer is the victim of any fraud or dishonest conduct by the Recipient in connection with this Deed or the Project; or

(iv) an Insolvency Event occurs in respect of the Recipient.

(b) Subject to clause 5.2(c), if this Deed is terminated in accordance with clause 5.2(a), the Recipient is not obliged to repay any Progress Payments or Milestone Payments which were paid to the Recipient prior to termination.

(c) If the Deed is terminated due to clause 5.2(a)(iii), then the Recipient must repay to the Treasurer all Progress Payments or Milestone Payments paid to the Recipient prior to termination.

(d) For the purposes of this clause 5.2, Insolvency Event means:

(i) a controller (as defined in section 9 of the Corporations Act), administrator or similar officer is appointed in respect of the Recipient or any asset of the Recipient;

(ii) a liquidator or provisional liquidator is appointed in respect of the Recipient;

(iii) any application (not withdrawn or dismissed within 7 days) is made to a court for an order, an order is made, a meeting is convened or a resolution is passed, for the purpose of:

A. appointing a person referred to in paragraph (i) or (ii) of this clause 5.2(d);

B. winding up or deregistering the Recipient; or


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C. proposing or implementing a scheme of arrangement, other than with the prior approval of the Facility Agent under a solvent scheme of arrangement pursuant to Part 5.1 of the Corporations Act;

(iv) any application (not withdrawn or dismissed within 7 days) is made to a court for an order, a meeting is convened, a resolution is passed or any negotiations are commenced, for the purpose of implementing or agreeing:

A. a moratorium of any debts of the Recipient;

B. any other assignment, composition or arrangement (formal or informal) with the Recipient's creditors; or

C. any similar proceeding or arrangement by which the assets of the Recipient are subjected conditionally or unconditionally to the control of that person's creditors or a trustee,

or any agreement or other arrangement of the type referred to in this paragraph (iv) is ordered, declared or agreed to;

(v) as a result of the operation of section 459F(1) of the Corporations Act, the Recipient is taken to have failed to comply with a statutory demand (as defined in the Corporations Act);

(vi) any writ of execution, garnishee order, mareva injunction or similar order, attachment or other process is made, levied or issued against or in relation to any asset of the Recipient;

(vii) anything analogous to anything referred to in paragraphs (i) to (vi) inclusive of this clause 5.2(d), or which has a substantially similar effect, occurs with respect to the Recipient under any law; or

(viii) the Recipient is, or admits in writing that it is, or is declared to be, or is taken under any applicable law to be (for any purpose), insolvent or unable to pay its debts.

5.3 Expiry

Unless terminated earlier, this Deed will expire 20 Business Days after the date on which the Recipient submits the Final Report in accordance with clause 3.5(b).

5.4 Survival

Clauses 3.3, 3.6, 5.2(c), 6 and 7 of this Deed, and any other clause which by its nature should survive termination or expiry of this Deed, survive the termination or expiry of this Deed on any basis.

6. Dispute resolution

(a) If a dispute or difference (called collectively a "dispute" in this clause 6) arises between the Treasurer and the Recipient, both parties agree to deal with the dispute in the following way:


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(i) the party who claims that a dispute exists will give the other party a notice setting out the nature of the dispute; and

(ii) the parties will then try to resolve the dispute by negotiation, within 10 Business Days from when the notice is given, and for that purpose may authorise persons to act for them.

(b) If the dispute is not resolved within 10 Business Days from when the notice is given, a party may commence legal proceedings in relation to the dispute.

(c) A party does not need to follow the dispute resolution procedures set out in clause 6(a) or (b) if they are seeking urgent interlocutory relief from a court.

7. Other legal matters

7.1 Interpretation

In this Deed, unless the context indicates a contrary intention:

(a) a reference to a party includes that parties executors, administrators, successors and permitted assigns, including persons taking by way of novation;

(b) where there occurs a reference to the doing of anything by the Treasurer including giving any notice, consent, direction or waiver, this may be done by any duly authorised officer of the Treasurer;

(c) a reference to a statute includes its delegated legislation and a reference to a statute or delegated legislation or a provision of either includes consolidations, amendments, re-enactments and replacements;

(d) a reference to a document (including this Deed) is to that document as varied, novated, ratified or replaced from time to time;

(e) "includes" in any form is not a word of limitation;

(f) a reference to "$" is to Australian currency;

(g) a reference to "Business Day" is, in relation to the doing of any action in a place, any day other than a Saturday, Sunday or a public holiday in that place; and

(h) no rule of construction operates to the detriment of a party only because that party was responsible for the preparation of this Deed or any part of it.

7.2 Notices

(a) All notices in relation to this Deed must be in writing and must be signed by the party's representative.

(b) A notice will be taken to be received:

(i) if it is delivered in person - when it is delivered to the relevant party's address specified in the Agreement Particulars or such other address as is notified by that party from time to time;


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(ii) if it is sent by mail - 3 Business Days after the day it was posted to the relevant party's address specified in the Agreement Particulars or such other address as is notified by that party from time to time; and

(iii) if it is sent by fax - at the time shown on the transmission report confirming that the entire fax was sent to the relevant party's fax number specified in the Agreement Particulars or such other fax number as is notified by that party from time to time.

However, if a notice is received after 5pm or on a day that is not a Business Day, it will be taken to be received at 9am on the next Business Day.

7.3 Entire agreement

To the extent permitted by law, this Deed sets out the entire understanding between the parties, includes all of the terms agreed between the parties, and supersedes any prior agreement between the parties.

7.4 Governing law

This Deed is governed by the law of New South Wales.

7.5 Jurisdiction

Each party irrevocably:

(a) submits to the exclusive jurisdiction of the courts of New South Wales and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to this Deed; and

(b) waives any objection it may now or in the future have to proceedings being brought in those courts for any reason.

7.6 No assignment

The Recipient must not assign or otherwise transfer its rights or obligations under this Deed without the Treasurer’s prior written consent which may be given or withheld in the Treasurer’s absolute discretion and if given may be given subject to conditions.

7.7 No agency or partnership

(a) This Deed does not constitute a relationship of partners, employer and employee or principal and agent.

(b) The Recipient must not, and must procure that its contractor does not, represent itself as being a partner, employee or agent of the Treasurer, the State of New South Wales including without limitation any other NSW Government agencies, statutory body representing the Crown and/or any other body that has the status, privileges and immunities of the Crown.

7.8 No waiver

(a) If the Treasurer delays, partially exercises, or chooses not to exercise any right under this Deed or law, the Treasurer is not prevented from exercising that or any other right in the future.


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(b) No waiver of a breach of this Deed operates as a waiver of another breach of this Deed.

(c) A waiver or consent given by the Treasurer under the Agreement is only effective and binding if it is given or confirmed in writing.

7.9 Variation of this Deed

This Deed may only be varied in writing, signed by both parties.

7.10 Severability

If any part of this Deed is prohibited, void, voidable, illegal or unenforceable, then that part is severed from this Deed but without affecting the continued operation of the remainder of the Deed.

7.11 Counterparts

This Deed may be executed by counterparts by the respective parties, which together will constitute one agreement.


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Attachment 1 - Project Scope/ Outline

The Project is to be managed in accordance with the project scope to achieve the project objectives.

RNSW 1151 – Gunnedah Saleyard Truck Wash

Project Description:

To provide a supplemental two bay truck wash to the west of the Gunnedah near the Kamilaroi Highway. The provision of a sealed truck wash facility which requires no reverse movement to access, capable of being used by all truck operators not just livestock carriers, has capacity to cater for modern road train vehicles that the route is currently approved for and provide truck driver rest area, wash and shower facility.

Project Scope:

o Feasibility study, concept and detail design of proposed truck wash o Construction of a two bay truck wash to the west of Gunnedah o The new bay has capacity to cater up to road train sized vehicles o No reverse movements to access and exit. o Provide truck drivers with rest, wash and shower facilities

Attachment / reference information (if applicable):

o N/A

Deliverable documents:

Project specification and plans.


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Attachment 2 - Project Schedule/ Timeline

The Project is to be managed in accordance with the project program to achieve the project objectives.

Project Start: 01/2018

Project Completion: 06/2019

Key Media Milestones:

Note media milestones/ opportunities are to be updated regularly and flagged prior (minimum week out or as agreed) to event / opportunity in consultation with the Governments media contact.

o Potential sites identified o Expressions of Interest calling for feasibility/PEI studies for potential sites o Community and user consultation o Concept and design plans for public exhibition

Project Timeline:

o November 2017 – Potential sites identified o Expressions of Interest for feasibility/PIE studies for potential sites end of 2017 o Completion of detail design by June 2018 o Commence site works in late 2018


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Attachment 3 - Asset Procurement Plan

The Project is to be managed in accordance with a procurement plan to achieve the project objectives.

Reference document only (not attached):

o Procurement and Tendering (Adopted 16/09/2015)


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Attachment 4 - Risk Management Plan

Project risk is to be managed in accordance with a risk management plan to achieve the project objectives.

Reference document only (not attached):

o Risk Management Policy (Adopted 01/03/2013)


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Attachment 5 - Cost Control Plan and Project Cash Flow

The Project is to be managed & delivered in accordance with the project cost plan to achieve the project objectives.

Funding Source details:

Funding Source Value Pro rata %

Restart NSW Fund Contribution $250,000

Federal Government funding contribution $250,000

Sub total $500,000

Recipient funding contribution $ tbc

Other funding contribution as applicable $ ?

Total $1,093,150 100

Note: Federal Government co-funding details to be confirmed prior to commencement.

Cost Estimate Breakdown:

Project Cost Plan:

Project contingency allowance to be separately itemised & contingency expenditure reported.

Item Description Budget Estimate

Fees

1 Project Management 32,500

2 Design & Innovation 45,000

3 Applicant supplied insurances, fees and levies 900

Construction

3 Environmental Works 4,000

4 Site Establishment, mobilisation, etc 1,500

5 Traffic Management and temporary works 3,500

6 Civil and site works 47,500

7 Gravel hardstands and manouvering areas 209,300

8 Concrete Works 290,300

9 Structural steel & metal Work 19,200


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10 Signage 1,200

11 Plumbing and Drainage 7,750

12 Electricials and Communications 39,800

13 Pumping and control systems 13,100

14 Treatment Systems 221,100

15 Other systems – key controlled shower & wash room 108,000

16 Overheads 48,500

Sub Total 1,093,150

Contingency

Total $1,093,150

Cash Flow and Financial Requirements:

o A monthly project cash flow exclusive of contingency, is to be provided with the Deed and updated regularly over the life of the project.

o Contingency expenditure to be monitored and reported monthly. Note change request requirements outlined in the General Conditions.

o For projects with multiple funding contributions, the cash flow is to be forecast using pro rata percentage to calculate values for Restart Funding and for Co-contributor Funding commencing at the start of the project through to project completion.

o Note a 10% retention will be held until the Final Report is completed. o Financial completion, unless otherwise agreed, must be achieved within 3 months of

project practical completion.

Predicated Project Monthly Cashflow (excluding contingency):

o Provide a copy of the monthly cashflow


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Attachment 6 – Signage Guidelines

NSW Government branding and guidelines are to be used for the project.

The branding requirements, including logos are to be incorporated into any public communication related to the project, including but not limited to signage, posters and invitations when reporting and or referencing for the project.

The project sign is to be installed at commencement of works and maintained for the project duration.

A photo of the sign/s must be provided with project report and first progress claim. Note payments may not be processed until the project sign has been installed and photo evidence submitted. A copy of the photo is also to be emailed to [email protected].

Reference documentation: To be provided at the project commencement.

o Media / communication protocol;

o Funding Acknowledgment Guidelines and NSW Government Brand Guidelines.


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mailto:[email protected]


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Chief Financial Officer’s Report ITEM 1 Draft 2016/17 Financial Statements MEETING Ordinary Meeting – 18 October 2017 DIRECTORATE Business and Finance AUTHOR Financial Accountant POLICY 2016/17 Operational Plan LEGAL Local Government Act 1993, Australian Accounting Standards, Local

Government Code of Accounting Practice and Financial Reporting FINANCIAL As detailed in the report STRATEGIC LINK Community Strategic Plan 1.2.4 Maintain Council’s financial sustainable position, delivering value

for money services to the community. Operational Plan 1.2.4.2 Ensure Council meets all of its statutory requirements in a timely

manner with regard to external financial reporting, returns and internal compliance processes.

ATTACHMENTS Draft 2016/17 Financial Statements – UNDER SEPARATE COVER

OFFICER’S RECOMMENDATIONS: That: 1. Council’s Draft Financial Report is prepared in accordance with:

the Local Government Act 1993 (as amended) and the regulations made there under;

the Australian Accounting Standards; and the Local Government Code of Accounting Practice and Financial Reporting.

2. The report presents fairly the Council’s operating result and financial position for the

year; 3. The report accords with Council’s accounting and other records; 4. Council is not aware of any matter that would render this report false or misleading in

any way; 5. Council’s Draft Financial Report be referred to audit for finalisation; 6. Council delegate authority to the Mayor, Deputy Mayor, General Manager and

Responsible Accounting Officer to sign the ‘Statement by Council and Management’ for inclusion within the report;

7. Council delegate authority to the General Manager to finalise the date at which the

auditor’s report and financial statements are to be presented to the public; and 8. Council delegate authority to the General Manager to set the authorised for issue date

upon receipt of the auditor’s report.

PURPOSE The purpose of this report is to present to Council the Draft 2016-17 Financial Reports for endorsement and referral to audit for finalisation.


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In accordance with S416 of the Local Government Act, 1993 Council is required to pass a resolution to this effect along with the making of a number of other conformance statements. BACKGROUND Council is required annually to complete year-end financial statements in accordance with S413 (1) of the Local Government Act. These reports are to be completed as soon as practicable after the end of financial year in accordance with Australian Accounting Standards and must include, a general purpose financial report, special purpose financial reports for all of councils business activities, special schedules and the prescribed councillors statement. Council has four months from the end of financial year to prepare, adopt and have audited the financial reports in accordance with S416 (1) of the Local Government Act. Attached to this report is councils draft Financial Report for the financial year ending 30 June 2017. COMMENTARY In order to continue to progress toward lodgment of the financial report with the appropriate bodies, it is now required that council refer the attached draft Financial Reports to audit for finalization and that it make a resolution in accordance with S413 (2c) of the Local Government Act, that the report is in accordance with: the Local Government Act 1993 and the regulations made there under, the Australian Accounting Standards, and the Local Government Code of Accounting Practice and Financial Reporting, that it presents fairly the Council’s operating result and financial position for the year, that the Council is not aware of any matter that would render this report false or misleading in

any way, and the report accords with Councils accounting and other financial records. Additionally council is also required to delegate authority to the Mayor, Deputy Mayor, General Manager and Responsible Accounting Officer to sign the ‘Statement by Council and Management’ that forms part of the financial report in accordance with Clause 215 of the Local Government (General) Regulation. Given the tight timeframes within which the audited financial reports need to be lodged with the department and the timing for the auditor’s report to be presented to the general public, it would also be prudent at this time to delegate authority to the General Manager to execute the following: Finalise the date at which the auditor’s report and financial statements are to be presented to

the public in compliance with S418 (1) of the Local Government Act. Set the authorised for issue date upon receipt of the auditor’s report in accordance with AASB

110. Following the completion of the aforementioned processes, a subsequent report will be presented to Council containing the final audited Financial Report.

ITEM 2 2016/17 Operational Plan Budget Carryovers MEETING Ordinary Meeting – 18 October 2017 DIRECTORATE Business and Finance AUTHOR Management Accountant POLICY 2016/17 Operational Plan LEGAL Local Government Act 1993 FINANCIAL Nil


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STRATEGIC LINK Community Strategic Plan 1.2.4 Maintain Council’s financially sustainable position, delivering

value for money services to the community. Operational Plan 1.2.4.3 Ensure effective and efficient delivery of financial management

services across the organisation, including providing systems and processes to effectively communicate and manage Council's financial performance.

ATTACHMENTS Statement of Internally and Externally Restricted Assets as at 30 June 2017.

OFFICER’S RECOMMENDATIONS: 1. That the adjustments to budget allocations, including transfers to and from restricted

assets, as listed in the attachments to the report, be adopted;

2. That the changes to the 2017/18 Operational Plan as contained in the report and attachments, being budget allocation for carried-forward works, be adopted.

3. That an additional $154,000 be allocated to the Swimming Pool Upgrade Project budget for inflation calculated based on the Consumer Price Index increase of 1.9%.

PURPOSE It is a requirement under the Local Government (General) Regulations 2005 (Clause 211) for Council to authorise expenditure. As all such approvals and votes lapse at the end of the financial year, it becomes necessary to re-vote and carryover unspent expenditure from the 2016/17 Operational Plan to the 2017/18 Operational Plan and current budget. BACKGROUND During the finalisation process for the 2016/17 Financial Statements, a detailed review of the 2016/17 Operational budget vs actual income and expenditure was completed. The attached list was formulated in conjunction with the budget managers as to works that were incomplete as at 30 June 2016, and require the remaining budget to be carried forward into the next budget period of 2017/18. COMMENTARY Financial The attachments are split into 2 sections: 1. Externally Restricted Assets – which includes;

a. Development Contributions which have not yet been spent for the provision of

services and amenities in accordance with contribution plans. b. Grants which have not yet been spent for the purposes for which the grant was

received. c. Water, Sewerage, Domestic Waste Management & other special rates, levies, and/or

charges are externally restricted assets and must be applied for the purposes for which they were raised.

2. Internally Restricted Assets which are restricted by internal resolution or policy. The internally

restricted assets include a restriction of future works. Future works include budgeted projects that have not yet commenced or had been completed prior to 30 June 2017.


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Issues This will allow projects previously voted for by Council, but not commenced or completed by the 30th June 2017, to be authorised for completion in the new 2017/18 budget year. Any additional projects from restricted funds will still need to be approved by Council prior to commencement. For the deferral of large projects, it is recommended an additional budget allocation is also allocated for inflation of costs. This additional cost represents the rate at which the general level of prices for goods and services are rising. Given the substantial value of expenditure proposed to be deferred from 2016/17 into the 2017/18 Operational Plan for the Swimming Pool Upgrade Project, The Reserve Bank of Australia reported a Consumer Price Inflation (CPI) rate of 1.9% for the June quarter of the 2016/17 financial year. This equates to an additional CPI allocation of $154,000.

ITEM 3 Budget Variation – Saleyards – CCTV Capital Project MEETING Ordinary Meeting – 18 October 2017

DIRECTORATE Business and Finance AUTHOR Saleyards Manager POLICY Procurement and Tendering LEGAL Nil FINANCIAL Saleyards Budget – increase capital expenditure item by $7,000 (17/18) STRATEGIC LINK Community Strategic Plan 1.5.1 Provide and maintain safe, serviceable and accessible public


2.1.2 Support local business including small business across the Gunnedah Shire.

Operational Plan 1.5.1.17 Review and manage the delivery of the Gunnedah Regional

Saleyards capital works and maintenance programs. 2.1.2.1 Ensure the safe, efficient and financially sustainable operation of

the Gunnedah Regional Saleyards. ATTACHMENTS Nil

OFFICER’S RECOMMENDATIONS: 1. That Council approve a budget variation for the Saleyards CCTV Project in the amount

of $7,000, being an increase in the budgeted capital expenditure allocation for the item from $16,000 to $23,000 in the 2017/18 financial year; and

2. The increased allocation be funded from the saleyards restricted asset.

PURPOSE The purpose of this report is for Council to consider a recommendation to vary the current capital budget amount for the Saleyards CCTV Project upward from the original budget estimate of $16,000 to $23,000 in the 2017/18 Operational Plan and Budget. BACKGROUND The Saleyards CCTV Project is an identified capital improvement item in the Asset Management Plan for the facility and subsequently was scheduled for delivery in the 2017/18 Operational Plan and budget. Initial budget estimates for the project were based on a preliminary scoping quote obtained in May 2016 and resultantly an amount of $16,000 was budgeted for this item.


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The scoping quote made allowance for the installation of six (6) cameras and did not include an allocation for changes to the electrical infrastructure servicing the project. The CCTV facility to be installed at the saleyards also forms part of the Councils CCTV Plan as developed by the Crime Prevention Working Group. COMMENTARY Following the recent receipt of detailed plans for the installation of a CCTV camera network at the saleyards facility, it has now become apparent that there is a need to install a total of twelve (12) cameras on the site rather than the previously estimated six (6) to obtain the optimal coverage of the high need areas on the site. This is due to the original plans having allocated for a camera to be installed over each loading ramp at the facility, whereas the updated plans have recommended the installation of two cameras at each loading ramp, one facing inward toward the saleyard/loading pens area and one facing outward towards the truck parking/loading area. It is recommended that this configuration will best achieve the desired outcomes of the installation. In addition to the increase in the number of cameras required from the original scope, it has also been determined that there will be a need to upgrade some electrical infrastructure servicing the project. Revised quotations obtained for the delivery of the new requirements have outlined that an amount of $23,000 will be required to complete the installation of the cameras, poles and other electrical infrastructure requirements. This is an increase of $7,000 from the original project estimate of $16,000. It is thought that the new project plan will best achieve the desired outcomes of the project, including enhancing both the safety and security of livestock and users of the facility. Accordingly it is recommended that Council approve an increase of the saleyards budget for the CCTV capital project in the amount of $7,000 and that the increase be funded by an equivalent transfer from the saleyards restricted asset.

ITEM 4 Investments MEETING Ordinary Meeting – 18 October 2017 DIRECTORATE Business and Finance AUTHOR Financial Accountant POLICY Interest and Investments Policy LEGAL Local Government Act 1993 – Trustees Act FINANCIAL Nil STRATEGIC LINK Community Strategic Plan 1.2.4 Maintain Council’s financially sustainable position, delivering

value for money services to the community. Operational Plan 1.2.4.12 Maximise the return on Council’s investment portfolio in line

with pre-determined risk parameters, compliance with the Local Government Investment Order and Council’s Investment Policy.

ATTACHMENTS Investment Reports

OFFICER’S RECOMMENDATIONS: That the principal investment of $66.7 million for all funds to date be received and noted.


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PURPOSE The purpose of this report is to present a detailed schedule of Council’s investments to date in accordance with the requirements of the Local Government Act 1993 and Council’s Interest and Investments Policy. BACKGROUND The principal invested is up to the date for this report, which includes a combination of Working Funds, Restricted Assets, unspent grant funds and Section 94 Contributions for all funds including monies held in Trust. COMMENTARY I certify that these investments have been made in accordance with the Local Government Act 1993, Local Government (Financial Management) Regulation 1999 and Council’s Investment Policy. Damien Connor CHIEF FINANCIAL OFFICER


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Gunnedah Shire CouncilExternally Restricted Assets 30th June 2017

Externally Actual Carryovers Budget Budget Projected Projected BudgetRestricted Assets Opening from 2016/17 Transfers To Transfers From Transfers To Transfers From Closing

UNEXPENDED GRANTS

Tambar Springs Neighbour Aid 43,018.78 (30,248.17) 12,770.61 Hacc MSO A & D 127,065.05 5,549.61 132,614.66 Namoi 2030 32,831.00 (32,831.00) - Riverine 174,324.00 174,324.00 Aboriginal Elders 78,830.11 (5,420.09) 73,410.02 Indigenous Youth 67,705.00 67,705.00 Ministry of Arts - Photography Workshop 2,254.00 2,254.00 Namoi Gwydir - Weeds 835.65 (835.65) 0.00 DLWC - Weeds 15,402.54 (15,402.52) 0.02 Weeds - NSW DPI Parthenium Taskforce 8,679.55 (8,679.55) - Community Services - Community Transport 178,922.99 84,589.85 (41,951.81) 221,561.03 Community Services - NRCC 1,405,862.64 1,405,862.64 Dept Infra & Investment - Weeds 1,600.00 (1,600.00) - CMA Porcupine - Weeds 16,766.66 16,766.66 Showground Amenities - LPMA - - Showground Amenities - LPMA - Loan - - Youth - Community Hubs 121,464.00 121,464.00 Community Transport - Vehicle 178,048.19 41,951.81 220,000.00 Library 4,660.00 (4,660.00) - Noxious Weeds - Tropical Soda Apple 218.00 (218.00) - Noxious Weeds - LLS Alligator Weed - 27,966.00 27,966.00 Noxious Weeds - New Inclusion Funding - Alligator Weed - 20,000.00 20,000.00 Noxious Weeds - Honey Locust Contract Variation 16,916.00 16,916.00 Noxious Weeds - Boori Road Project 12,727.00 12,727.00 Fuel Tanks Project 44,751.00 (44,751.00) - ANZAC Commemoration Grant 2013/14 4,545.00 4,545.00 Noxious Weeds - Depart of Land - Porcupine 8,296.00 (8,296.00) - Noxious Weeds - Regional Alliance Alligator Weed 17,966.00 (17,966.00) - Grant Sport & Rec - Donnelly Fields 25,000.00 25,000.00 Bus Shelters - - Grant - Blackjack Creek Flood Mitigation - - DWM - Illegal Dumping Grant 36,812.00 (36,812.00) - DWM - Community Recycling Grant - - Grant o Instal Loading Draw Bridge 6,500.00 6,500.00 Noxious Weeds - Breeza Mountain 218.00 (218.00) - Noxious Weeds - Honey Locust 58,854.00 (21,310.00) 37,544.00 Information Technology - Electronic Housing Code - - Information Technology - Application Tracking - - Future Town Vibrant Precinct - 24,030.00 24,030.00 RTR - Unspent Funds 2016/17 356,371.66 286,318.00 (356,371.66) 286,318.00 Responsible Pet Ownership 617.00 (617.00) - Gunnedah Memorial Arch Honor Boards 2,100.00 (2,100.00) - Music of War & Peace Program 24,046.00 (24,046.00) - Health Wise Midnight Basketball Program 2,000.00 2,000.00 GOCO - Packages - CHSP & DSP 226,172.59 302,262.13 528,434.72 GOCO - Packages - DSP 224,274.37 224,274.37 GOCO - Packages - HCP 517,612.11 460,929.12 978,541.23 GOCO - PIR 19,796.38 (19,598.98) 197.40 GOCO - Community Hub 677.00 1,117.69 1,794.69 Social Planning - CCTV Stage 3 19,173.00 19,173.00

- Total 3,810,822.90 - 520,048.27 (627,571.45) - - 4,664,694.05

UNEXPENDED CONTRIBUTIONS

Car Parking 148,010.57 931.06 148,941.63 Open Space/Public Reserves 20,579.23 129.45 20,708.68 Trunk Drainage 438,633.33 5,169.25 443,802.58 Community Facilities 28,896.13 226.58 29,122.71 S94A Contributions 1,525,455.90 104,896.16 1,630,352.06 S94F Voluntary Planning Agreement 36,081.17 28,287.64 (64,368.81) - Road Contributions 72,444.80 (26,120.80) 46,324.00 Trunk Drainage 7,650.00 7,650.00 NAPCAN Youth Training 6,027.00 6,027.00 Noxious Weeds - NIWA - Trailer Repairs 5,000.00 5,000.00

Total 2,282,751.13 - - - 119,546.34 (64,368.81) 2,337,928.66


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Gunnedah Shire CouncilExternally Restricted Assets 30th June 2017

Externally Actual Carryovers Budget Budget Projected Projected BudgetRestricted Assets Opening from 2014/15 Transfers To Transfers From Transfers To Transfers From Closing

WATER SUPPLIES

Gunnedah Water SupplyAugmentation 6,687,242.74 892,779.23 (341,347.19) 7,238,674.78 Future Works 2,261,752.00 (2,261,752.00) 2,423,190.00 2,423,190.00 S64 Contributions 2,935,056.67 385,125.12 3,320,181.79 Contributions 56,469.00 1,000.00 (3,000.00) 54,469.00 RA - Feasibility Study 100,000.00 100,000.00 Interfunds 416,343.31 (251,418.76) 164,924.55 Unrestricted 20,000.00 20,000.00 Total 12,476,863.72 (2,261,752.00) 3,702,094.35 (595,765.95) - - 13,321,440.12

Curlewis Water SupplyAugmentation 601,505.14 43,363.73 644,868.87 S64 Contributions 74,623.07 1,960.27 76,583.34 Unrestricted 30,000.00 30,000.00 Total 706,128.21 - 45,324.00 - - - 751,452.21

Mullaley Water SupplyAugmentation 83,704.73 53,680.12 (26,840.06) 110,544.79 Unrestricted 18,769.00 18,769.00 Total 102,473.73 - 53,680.12 (26,840.06) - - 129,313.79

Tambar Springs Water SupplyAugmentation 106,191.30 16,778.18 (60.16) 122,909.32 Unrestricted 2,000.00 2,000.00 Total 108,191.30 - 16,778.18 (60.16) - - 124,909.32

Total Water Supplies 13,393,656.96 (2,261,752.00) 3,817,876.65 (622,666.17) - - 14,327,115.44

SEWERAGE SERVICES

Gunnedah Sewerage ServicesAugmentation 5,468,607.79 (5,008,833.58) 459,774.21 Future Works 1,806,004.00 (1,806,004.00) 5,503,166.00 5,503,166.00 S64 Contributions 1,263,050.01 160,481.01 1,423,531.02 Contributions 48,277.50 228,506.36 276,783.86 Interfunds 449.86 449.86 Unrestricted 20,000.00 20,000.00 Total 8,606,389.16 (1,806,004.00) - 5,892,153.37 (5,008,833.58) - 7,683,704.95

Curlewis Sewerage ServicesAugmentation 1,776,399.99 176,117.90 1,952,517.89 Future Works - - S64 Contributions 51,781.73 1,383.71 53,165.44 Unrestricted 2,000.00 2,000.00 Total 1,830,181.72 - 177,501.61 - - - 2,007,683.33

Total Sewerage Serrvices 10,436,570.88 (1,806,004.00) 177,501.61 5,892,153.37 (5,008,833.58) - 9,691,388.28

DOMESTIC WASTE MANAGEMENT

Domestic Waste 3,474,833.76 1,115,596.00 4,590,429.76 DWM Bin Replacement 4,605.00 4,605.00 DWM Environmental 39,165.00 39,165.00 DWM Rehabilitation 139,788.00 139,788.00 DWM - Deposition Centre - - DWM - Urban Cells - - Leachate Storage Pond 373,750.00 (373,750.00) 30,000.00 30,000.00 New Cell - Carroll - - Skid Steer Loader 60,000.00 (60,000.00) - Upgrade Sedimation Dam & Surface Water 204,750.00 (204,750.00) - Liquid Waste Facility 100,000.00 100,000.00 Secure Compound 117,577.00 117,577.00 Community Recycling Centre - - Prepare Design & Closure Plan 199,600.00 (99,600.00) 100,000.00

Total Domestic Waste Management 4,714,068.76 (738,100.00) 1,145,596.00 - - - 5,121,564.76

Total External Restrictions 34,637,870.63 (4,805,856.00) 5,661,022.53 4,641,915.75 (4,889,287.24) (64,368.81) 36,142,691.19 - - - - - - -

Future Works Opening Balance

Water - GunnedahMains Replacement - Railway Avenue 165,279.00 Apex Reservoir 2,163,389.00 South Street Reservoir Access 76,431.00 Standpipe Renewal 4,141.00 Telemetry Upgrade 13,950.00

Total Water - Gunnedah 2,423,190.00 -

Sewer - Gunnedah

ST Land Purchase 81,154.00 Sewer Model Data Collection 65,214.00 Anzac Parade Pool Sewer Upgrade 28,074.00 STP Upgrade 5,328,724.00

Total Sewer - Gunnedah 5,503,166.00 -


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Gunnedah Shire CouncilInternally Restricted Assets 30th June 2017

Internally Actual Carryovers Budget Budget Projected Projected Budget Restricted Assets Opening from 2015/16 Transfers to Transfers from Transfers to Transfers from Closing

GENERAL FUND

Plant Replacement 960,000.00 960,000.00 Employee Leave Entitlements 1,360,727.76 123,829.40 1,484,557.16 Aerodrome 406,870.00 (402,677) 4,193.00 Business Partner Program 46,678.00 15,000.00 61,678.00 Carparkling 83,018.00 400,000.00 483,018.00 Community Facilities Fund 471,182.00 436,154.00 (471,182) 436,154.00 Contracts Contingency 189,471.00 189,471.00 Cycleways 37,750.00 37,750.00 Depot - Refuelling Facility Upgrade 142,300.00 142,300.00 Motor Vehicles - 77,464.00 77,464.00 Future Works (Refer Below) 6,668,016.50 (6,668,016.50) 6,671,002.00 6,671,002.00 Gravel Pit Restoration 253,666.00 80,027.00 333,693.00 Information Technology - - Information Technology - Replacement program 52,875.00 30,000.00 82,875.00 IT Documentation Management Software Upgrade 102,134.00 37,500.00 139,634.00 Information Technology - Financial Operations - 11,300.00 11,300.00 Kerb & Gutter Works - Bloomfield St - - Land 44,555.00 44,555.00 Noxious Weeds Washdown Bay - - Parking Areas - - Playground Equipment 31,000.00 31,000.00 Reserve Mgt Fund CR21.10/16 15,600.00 15,600.00 Road Works 318,060.00 318,060.00 Saleyards 1,152,368.65 11,841 1,164,209.49 Stormwater Drainage 178,062.00 71,068.00 (78,057) 171,073.00 Strategic Planning 164,750.00 164,750.00 Tourism 185,625.00 185,625.00 Town Planning Consultancy - 25,000.00 25,000.00 Dong Hong Pipe Company 2,600.00 2,600.00 less: Investment Fair Valuation write downs - -

- - Other: - - Financial Assistance Grant - 2,108,423.00 2,108,423.00 Flood Housing 28,266.00 (28,266.00) - Future Works - - Gunnedah Urban landcare Group 8,635.00 7,667.00 16,302.00 LG & CHP (Community Housing) 72,543.61 14,513.00 87,056.61 Performance Provision 12,916.00 (12,916.00) - Village Projects 8,613.00 8,613.00 ALGWA - Womens Forum 14,490.00 (14,490.00) - Election Expenses 57,500.00 (45,000) 12,500.00

Total Internally Restricted Assets 13,054,672.52 (6,723,688.50) 10,136,388.24 (996,916) - - 15,470,456.26

Future Actual Transfer Out Budget Budget Projected Projected BudgetWorks Opening 42,552.00 Transfers to Transfers from Transfers to Transfers from Closing

Human ResourcesHuman Resources - Next Generation Leader Program - 8,915.00 8,915.00 Human Resources - WHS Investigation CR18.05/17 5,136.00 5,136.00

- General Manager - Executive Support - Furniture - - GM Management - Coffee Table Photo Books CR9.12/15 2,000.00 (2,000.00) 2,000.00 2,000.00 GM Management - Furniture - -

- Business Systems & Governance - IT - Peripheral Replacement Program 11,685.00 (11,685.00) 3,440.00 3,440.00 IT - Records Management System Upgrade - - IT - VOIP - - IT - Website Upgrade 3,674.00 (3,674.00) - Records - Digitise Records 26,532.00 (26,532.00) 17,922.00 17,922.00 Strategic Planning - Resource Sharing Strategy 1,324.00 (1,324.00) -

- Financial Services - Finance - Software Update 8,000.00 (8,000.00) 8,000.00 8,000.00 Finance - Sale of Land 10,000.00 (10,000.00) 9,718.00 9,718.00 Saleyards - LED Display 9,535.00 (9,535.00) 8,944.00 8,944.00 Saleyards - Land Purchase 72,760.00 (72,760.00) 71,552.00 71,552.00

- Planning & Regulatory Management - Planning & Regulatory Management - Inclusive Playground Masterplan 10,000.00 (10,000.00) - Planning & Regulatory Management - Legals (Council Resolution) 25,000.00 (25,000.00) - Economic Development - Electronic Event Board 35,000.00 35,000.00 Economic Development - Sister City Translator Costs CR37.06/17 10,000.00 10,000.00

- Development & Planning - Environment - Blackjack Creek 90,189.50 (90,189.50) 101,591.00 101,591.00 Environment - Blackjack Creek - Land Purchases - - Environment - Blackjack Creek - Flood Mitigation - - Environment - Koala Management Plan 20,015.00 (20,015.00) 20,015.00 20,015.00 Environment - Blackjack Creek - Revegitation Mgment Plan - - Planning & Development - Purchase of Land/ Road Widening 9,030.00 (9,030.00) 9,030.00 9,030.00 Planning & Development - Contributions Plan 33,643.00 (33,643.00) 33,643.00 33,643.00

- Social Planning -

- Social Planning - CCTV Stage 3 10,818.00 10,818.00 Social Planning - Arts Gunnedah Contribution 3,300.00 3,300.00 Social Planning - Social Plans (Various) 5,537.00 5,537.00

- Community, Lifestyle & Customer Relations - Arts & Culture - Painting Back Gallary 7,000.00 (7,000.00) - Arts & Culture - Rainbow Serpent Water Fountain 25,000.00 (25,000.00) 20,783.00 20,783.00 Arts & Culture - War Memorial Honor Board 3,767.00 3,767.00 Civic - Loading Draw Bridge 2,485.00 (2,485.00) 5,847.00 5,847.00 Communications - Staff Trivia Night 6,000.00 (6,000.00) - Communications - Website Upgrade 6,949.00 6,949.00 Library - Library Resources 5,706.00 (5,706.00) 5,857.00 5,857.00 Tourism - Coffee Table Books 2,000.00 (2,000.00) 2,000.00 2,000.00 Tourism - Community Live Program 35,000.00 (35,000.00) - Tourism - Grants Officer & Setup 33,385.00 (33,385.00) - Tourism - Jean Isherwood relocation - - - Tourism - Precinct Banners 3,000.00 (3,000.00) - Tourism - Town Tour Infrastructure 4,800.00 (4,800.00) - Venues - Townhall Projector 10,000.00 10,000.00

- Public Facilities -


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Future Actual Transfer Out Budget Budget Projected Projected BudgetWorks Opening 42,552.00 Transfers to Transfers from Transfers to Transfers from Closing

Administration Buildings - Air Conditioners 30,563.00 (30,563.00) - Administration Buildings - Alterations - Digitise Records - - - Administration Buildings - Carpet 40,022.00 (40,022.00) 33,918.00 33,918.00 Administration Buildings - Painting - - - Parks & Gardens - Ashfords Watercourse - Land Purchase 9,000.00 (9,000.00) 9,000.00 9,000.00 Parks & Gardens - Park Furniture - - - Parks & Gardens - Parking Control Access - - - Parks & Gardens - Play Ground Equipment (Lions Club) - - 14,500.00 14,500.00 Parks & Gardens - Racecourse Master Plan - - - Parks & Gardens - Rotary Riverine Landscape/Tree Works 31,616.00 (31,616.00) - Parks & Gardens - Showground - Lighting - - - Parks & Gardens - Master Plan Wolseley Park 9,114.00 9,114.00 Sporting Grounds - Extension Donnelly Fields Amenities 180,000.00 (180,000.00) 204,339.00 204,339.00 Sporting Grounds - Parklands Precinct reallocation 20,000.00 (20,000.00) - Sporting Grounds - Parklands Road Works 49,105.00 (49,105.00) 20,515.00 20,515.00 Sporting Grounds - Parklands Sporting Precinct 26,998.00 (26,998.00) - Swimming Pools - Upgrade 2,007,362.00 (2,007,362.00) 4,488,025.00 4,488,025.00

- Works - Bridges - Simpsons Bridge Replacement 1,428,094.00 (1,428,094.00) 225,981.00 225,981.00 Carparking - Carpark purchase 400,000.00 (400,000.00) - Depot - Pavement Rehabilitation 13,105.00 (13,105.00) - Depot - Reseal Outside Records Shed 10,000.00 10,000.00 Footpaths & Cycleways - Railway Ave to South St 24,900.00 (24,900.00) - Footpaths & Cycleways - Elgin Street 56,438.00 56,438.00 Kerb & Gutter 136,253.00 (136,253.00) - Kerb & Gutter - O'Neil Road (J3232) - - 6,344.00 6,344.00 Kerb & Gutter - Elgin Street (J3277) - - 14,579.00 14,579.00 Plant - Purchases Not Yet Delivered 292,206.00 (292,206.00) 351,904.00 351,904.00 Quarries - Investigate New 9,614.00 (9,614.00) 23,655.00 23,655.00 Regional Roads - Black Stump Way 75,888.00 (75,888.00) - Rural Sealed - Blue Vale - - - Sealed Rural Roads - Bloomfield Street 150,000.00 (150,000.00) - Sealed Rural Roads - Ghooli Road Recon (J3272) - - 203,445.00 203,445.00 Sealed Rural Roads - Resealing 407,977.00 (407,977.00) - Stormwater - Development Servicing Plan 35,000.00 (35,000.00) 35,000.00 35,000.00 Stormwater - George Street Drainage Line 362,311.00 (362,311.00) 241,869.00 241,869.00 Stormwater - Links Road - - 180,113.00 180,113.00 Unsealed Rural Roads - Resheeting 160,000.00 (160,000.00) - Urban Roads - Bloomfield Street - - - Urban Roads - Links Road Reseal 58,880.00 (58,880.00) - Urban Roads - Overpass Traffic Study - - - Urban Roads - Resealing 188,568.00 (188,568.00) - Urban Roads - Smoke Free Zone Implementation CR11.05/17 - - 7,356.00 7,356.00 Works Management - Stockpile Cleanup CR26.04/17 - - 7,798.00 7,798.00

- Infrastructure Services - Airport - Ag-Spray Remediation 42,791.00 (42,791.00) 12,771.00 12,771.00 Airport - Apron Patching - - 94,574.00 94,574.00 Noxious Weeds - Wash Down Bay 30,000.00 (30,000.00) -

TOTAL Future Works 6,668,016.50 (6,668,016.50) - - 6,671,002.00 - 6,671,002.00


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Holding Summary: By Rating Amount PercentageCash Investments Held: AAA 1,159,860.10 1.74%Cash Investments Held: AA- 15,050,000.00 22.56%Cash Investments Held: A+ 1,000,000.00 1.50%Cash Investments Held: A- 28,000,000.00 41.97%Cash Investments Held: BBB+ 5,000,000.00 7.50%Cash Investments Held: BBB 16,500,000.00 24.73%Total $66,709,860.10 100.00%

Holding Summary: By Institution Amount PercentageBank of Australia 3,500,000.00 5.25%Beyond Bank 7,500,000.00 11.24%AMP 5,000,000.00 7.50%Bank of Queensland 5,000,000.00 7.50%Commonwealth - Cash Account 1,050,000.00 1.57%Suncorp 1,000,000.00 1.50%Big Sky Building Society 1,000,000.00 1.50%ING 12,500,000.00 18.74%Defence Bank 5,000,000.00 7.50%Credit Union Australia 1,000,000.00 1.50%ME Bank 8,000,000.00 11.99%MyState Bank 3,000,000.00 4.50%National Australia Bank 7,000,000.00 10.49%Rabobank 2,000,000.00 3.00%Rural Bank 3,000,000.00 4.50%Tcorp 1,159,860.10 1.72%Total $66,709,860.10 100.00%

Holding Summary: By Maturity Amount Percentage< One Month 6,500,000.00 9.74%> Two Month & < Three Months 9,500,000.00 14.24%> Four Month & < Six Months 15,000,000.00 22.49%> Six Month & < One Year 22,000,000.00 32.98%> Twelve Months 11,500,000.00 17.24%On line Saver (No set maturity date) 2,209,860.10 3.31%Total $66,709,860.10 100.00%

INVESTMENTS REGISTER

30/09/2017


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Ref No. Rating Institution Cost Deposit Date Rate Term Due Date Interest

AA- Commonwealth - Cash Account 1,050,000.00 12-Jun-12 0.0060 30 30-Sep-17 517.81

AAA Tcorp Cash Fund 1,159,860.10 22-May-17 0.0150 30 30-Sep-17 1,785.62

I1673 A- Beyond Bank 2,500,000.00 13-Apr-17 0.0270 182 12-Oct-17 33,657.53

I1660 A- Bank of Queensland 1,000,000.00 18-Jan-17 0.0275 273 18-Oct-17 20,568.49

I1648 AA- National Australia Bank 3,000,000.00 21-Nov-16 0.0281 336 23-Oct-17 77,602.19

I1674 A- Beyond Bank 1,000,000.00 13-Apr-17 0.0270 216 15-Nov-17 15,978.08

I1670 AA- AMP 2,000,000.00 13-Mar-17 0.0275 247 15-Nov-17 37,219.18

I1654 BBB+ Defence Bank 1,000,000.00 30-Nov-16 0.0280 365 30-Nov-17 28,000.00

I1682 BBB ME Bank 1,500,000.00 01-Jun-17 0.0265 189 07-Dec-17 20,582.88

I1684 A- Beyond Bank 1,000,000.00 07-Jun-17 0.0270 183 07-Dec-17 13,536.99

I1683 A- ING Bank 1,000,000.00 01-Jun-17 0.0265 195 13-Dec-17 14,157.53

I1672 AA- National Australia Bank 2,000,000.00 22-Mar-17 0.0260 275 22-Dec-17 39,178.08

I1705 AA- National Australia Bank 1,000,000.00 28-Sep-17 0.0253 103 09-Jan-18 7,139.45

I1691 A- Beyond Bank 2,000,000.00 06-Jul-17 0.0270 187 09-Jan-18 27,665.75

I1686 A- Rural Bank 1,000,000.00 20-Jun-17 0.0270 212 18-Jan-18 15,682.19

I1675 BBB MyState Bank 2,000,000.00 20-Apr-17 0.0270 278 23-Jan-18 41,128.77

I1681 A+ Suncorp 1,000,000.00 29-May-17 0.0260 240 24-Jan-18 17,095.89

I1661 BBB Big Sky Building Society 1,000,000.00 02-Feb-17 0.0280 364 01-Feb-18 27,923.29

I1685 A- Rural Bank 2,000,000.00 15-Jun-17 0.0270 252 22-Feb-18 37,282.19

I1667 BBB Credit Union Australia (TRUST) 1,000,000.00 24-Feb-17 0.0275 367 26-Feb-18 27,650.68

I1668 BBB+ Defence Bank 2,000,000.00 02-Mar-17 0.0280 365 02-Mar-18 56,000.00

I1677 A- Bank of Queensland 1,000,000.00 04-May-17 0.0260 308 08-Mar-18 21,939.73

I1689 A- Beyond Bank 1,000,000.00 21-Jun-17 0.0270 273 21-Mar-18 20,194.52

I1678 AA- National Australia Bank 1,000,000.00 11-May-17 0.0258 330 06-Apr-18 23,326.03

I1692 A- Bank of Queensland 1,000,000.00 11-Jul-17 0.0260 274 11-Apr-18 19,517.81

I1676 BBB ME Bank 1,500,000.00 02-May-17 0.0270 365 02-May-18 40,500.00



I1690 BBB Bank of Australia 1,500,000.00 22-Jun-17 0.0285 364 21-Jun-18 42,632.88

I1693 A- ING Bank 2,000,000.00 19-Jul-17 0.0260 365 19-Jul-18 52,000.00

I1695 A- ING Bank 1,500,000.00 01-Aug-17 0.0260 365 01-Aug-18 39,000.00

I1696 AA- AMP 1,000,000.00 10-Aug-17 0.0260 364 09-Aug-18 25,928.77

I1698 BBB MyState Bank 1,000,000.00 22-Aug-17 0.0260 365 22-Aug-18 26,000.00

I1699 BBB ME Bank 1,000,000.00 24-Aug-17 0.0260 364 23-Aug-18 25,928.77

I1694 A- ING Bank 1,500,000.00 24-Jul-17 0.0265 399 27-Aug-18 43,452.74

I1700 BBB Bank Australia 2,000,000.00 06-Sep-17 0.0280 365 06-Sep-18 56,000.00 I1701 AA- AMP 2,000,000.00 07-Sep-17 0.0260 369 11-Sep-18 52,569.86 I1703 A- ING Bank 1,000,000.00 20-Sep-17 0.0265 365 20-Sep-18 26,500.00 I1702 A- ING Bank 1,500,000.00 14-Sep-17 0.0269 425 13-Nov-18 46,982.88 I1704 A- ING Bank 2,000,000.00 21-Sep-17 0.0270 425 20-Nov-18 62,876.71 I1697 A- ING Bank 2,000,000.00 17-Aug-17 0.0270 545 13-Feb-19 80,630.14 I1687 BBB+ Defence Bank 2,000,000.00 20-Jun-17 0.0295 730 20-Jun-19 118,000.00 I1555 A- Bank of Queensland 2,000,000.00 10-Mar-15 0.0346 1827 10-Mar-20 346,379.18 I1688 AA- Rabobank 2,000,000.00 20-Jun-17 0.0328 1826 20-Jun-22 328,179.73Total Investments 66,709,860.10 2,166,596.44

INVESTMENT PORTFOLIO LISTINGOCTOBER BUSINESS PAPER - PUBLIC 18 OCTOBER 2017

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Ref No. Fund Amount Due Date Institution Term Rate Accumulated

Value Interest

I1667 Restricted 31,850.46 11-Apr-18 Credit Union Australia (TRUST) 367 0.0275 32,731.15 880.69

I1667 General Working Funds 142,527.34 11-Apr-18 Credit Union Australia (TRUST) 367 0.0275 146,468.32 3,940.98

I1667 Investments - Unrestricted 580,000.00 11-Apr-18 Credit Union Australia (TRUST) 367 0.0275 596,037.40 16,037.40

I1667 Sports Centre 205.73 11-Apr-18 Credit Union Australia (TRUST) 367 0.0275 211.42 5.69

I1667 Lyle Griffiths Building 47,129.45 11-Apr-18 Credit Union Australia (TRUST) 367 0.0275 48,432.61 1,303.16

I1667 Frank O'Keefe Fountain 67,917.17 11-Apr-18 Credit Union Australia (TRUST) 367 0.0275 69,795.13 1,877.96

I1667 Go Community - Restricted Asse 15,000.00 11-Apr-18 Credit Union Australia (TRUST) 367 0.0275 15,414.76 414.76

I1667 Respite - Restricted Asset 10,000.00 11-Apr-18 Credit Union Australia (TRUST) 367 0.0275 10,276.51 276.51

I1667 Arts Council 18,575.52 11-Apr-18 Credit Union Australia (TRUST) 367 0.0275 19,089.15 513.63

I1667 Shire Band 45,884.93 11-Apr-18 Credit Union Australia (TRUST) 367 0.0275 47,153.68 1,268.75

I1667 Scholarship - Rotary 12,801.13 11-Apr-18 Credit Union Australia (TRUST) 367 0.0275 13,155.09 353.96

I1667 Scholarship - Anonymous 21,154.92 11-Apr-18 Credit Union Australia (TRUST) 367 0.0275 21,739.87 584.95 I1667 Trust 6,953.35 11-Apr-18 Credit Union Australia (TRUST) 367 0.0275 7,145.61 192.26

1,000,000.00 1,027,650.68 27,650.68

SUMMARY TRUST INVESTMENTS


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Fund Amount Interest

General Working Funds 10,087,532.79 978,627.30

General Restrictions - (Externally Restricted) 65,001.00 To Gen

Reserve Funds (Internally Restricted) 14,453,992.90 To Gen

Unexpended Grants & Contributions & Loans 865,232.68 To Gen

Unexpended Loan Funds 4,700,000.00 To Gen

Saleyards 1,164,209.49 37,896.61

Domestic Waste Management 5,121,564.76 166,713.93

Community Transport 406,786.46 13,241.46

Aboriginal Elders 73,410.02 2,389.60

Go Community (GOCO) 1,440,637.21 46,894.71

GoCo Multi Service Outlet 132,614.66 4,316.79

Tambar Springs Neighbour Aid 12,770.61 415.70

GoCo Packages - CHSP & DSP 528,434.72 17,201.27

GoCo Packages - HCP 978,541.23 31,852.85

GoCo Packages - PIR 197.40 6.43

GoCo Packages - Disability Service Program 224,274.37 7,300.44

GoCo - Community Hub 1,794.69 58.42

Section 94 Carpark 148,941.63 4,848.25

Section 64 Gunnedah Water 3,458,355.64 112,574.20

Section 64 Curlewis Water 76,583.34 2,492.89

Section 64 Curlewis Sewer 53,165.44 1,730.61

Section 64 Gunnedah Sewer 1,497,625.11 48,749.74

Section 94 Open Space - Public Reserves 20,708.68 674.10

Section 94 Trunk Drainage 458,616.19 14,928.58

Section 94F (Voluntary Planning Agreement) Levies 34,532.96 1,124.10

Section 94a Levies 1,678,429.89 54,635.19

Section 94 Community Facilities 29,122.71 947.98

Gunnedah Water Supply - Working Funds 20,000.00 320,186.11

Gunnedah Water Supply - Reserves 9,816,333.74 To W/F

Curlewis Water Supply - Working Funds 30,000.00 21,967.90

Curlewis Water Supply - Reserves 644,868.87 To W/F

Mullaley Water Supply - Working Funds 18,769.00 610.96

Mullaley Water Supply - Reserves 110,544.79 3,598.38

Tambar Springs Water Supply - Working Funds 2,000.00 4,065.97

Tambar Springs Water Supply - Reserves 122,909.32 To W/F

Gunnedah Sewer - Working Funds 20,000.00 196,324.38

Gunnedah Sewer - Reserves 6,011,217.71 To W/F

Curlewis Sewer - Working Funds 2,000.00 63,622.23Curlewis Sewer - Reserves 1,952,517.89 To W/FTRUST 6,953.35 To GenTrust - Sports Centre 205.73 5.69Trust - Lyle Griffiths Building 47,129.45 1,303.16Trust - Frank O'Keefe Fountain 67,917.17 1,877.96Trust - Arts Council 18,575.52 513.63Go Community (GOCO) - Restricted Asset 15,000.00 414.76Respite - Restricted Asset 10,000.00 276.51Trust - Scholarship Fund - Anonymous 21,154.92 584.95Trust - Scholarship Fund - Rotary 12,801.13 353.96Trust - Shire Band 45,884.93 1,268.75Total $66,709,860.10 $2,166,596.44

FUNDS SUMMARY


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1. Note the actual figures shown below are interest collected to date

and an accrual for Interest earnt but not yet received.

Fund Details: Estimate Actual

General 668,594.00 186,417.53

Community Transport 13,000.00 2,698.22

Aboriginal Elders 0.00 502.67

Go Community (GOCO) 0.00 13,423.10

Go Community Multy Service Outlet (MSO) 0.00 908.08

Tambar Springs Neighbour Aid 0.00 87.45

GoCo Packages - CHSP & DSP 15,000.00 1,158.07

GoCo Packages - HCP 40,000.00 2,144.49

GoCo Packages - PIR 0.00 0.43

GoCo Packages - Disability Service Program 15,000.00 491.50

GoCo - Community Hub 0.00 3.93

Section 94 & 64 Contributions 72,000.00 48,196.60

Domestic Waste 140,915.00 33,172.55

Saleyards 34,476.00 7,916.78

Gunnedah Water Supply 275,435.00 64,044.36

Curlewis Water Supply 20,030.00 4,419.25

Mullaley Water Supply 3,251.00 760.51

Tambar Springs Water Supply 3,797.00 777.48Gunnedah Sewer 133,830.00 46,801.28Curlewis Sewer 55,905.00 12,563.53Total $1,491,233.00 $426,487.83

Trust - Sports Centre 6.15Trust - Arts Council 555.12Trust - Lyle Griffiths Building 1,408.43Trust - Frank O'Keefe Fountain 2,047.37Tru-PORCUPINE 0.00Trust - Shire Band 924.87Total $4,941.94

INTEREST ON INVESTMENTS SUMMARY


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Investment Details Amount

Unrestricted Investments 10,112,532.79

Internally Restricted Investments:

- General Fund 15,618,202.39

Externally Restricted Assets

- Unexpended Grants 4,659,694.05

- Unexpended Contributions 70,001.00

- Unexpended Loan Funds 4,700,000.00

- Developer Contributions 2,370,352.06

- Domestic Waste Management 5,121,564.76

- Water Funds 14,300,364.70

- Sewerage Funds 9,536,526.15

Other Cash Restrictions:

- Trust Fund 220,622.20Total Investments $66,709,860.10

INVESTMENT RESTRICTIONS


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General Fund

Commonwealth Bank - 2,010,457.35 10,080,579.44 12,091,036.79

Restricted

Assets - - 26,401,954.18 26,401,954.18

Community

Services - - 3,799,461.37 3,799,461.37

S94

Contributions - - 7,456,081.59 7,456,081.59

Trust Fund

Commonwealth Bank - 363,404.10 220,622.20 584,026.30

Gunnedah Water

Supply Local Fund - - 9,836,333.74 9,836,333.74

Curlewis Water

Supply Local Fund - - 674,868.87 674,868.87

Mullaley WaterSupply Local Fund - - 129,313.79 129,313.79 Gunnedah SewerageLocal Fund - - 6,031,217.71 6,031,217.71 Curlewis SewerageLocal Fund - - 1,954,517.89 1,954,517.89 Tambar Springs WaterSupply Local Fund - - 124,909.32 124,909.32 Total - 2,373,861.45$ 66,709,860.10$ 69,083,721.55$

TOTALCredit Balance Debit Balance Investment Balance

30/09/2017

STATEMENT OF BANK BALANCES (CASH BOOK)


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General Fund 1,195,608.86 4,338,196.77 3,517,558.81 5,789.47 2,010,457.35

Trust Fund 356,368.60 19,824.00 12,788.50 - 363,404.10

Total 1,551,977.46$ 4,358,020.77$ 3,530,347.31$ 5,789.47$ 2,373,861.45$

Statement BalanceOutstanding

DepositsUnpresented

ChequesCash Book Balance

2,371,053.82$ 6,322.04$ 3,514.41$ 2,373,861.45$

Amount

1,195,608.86

4,338,196.77

(3,517,558.81)

(5,789.47) 2,010,457.35

Additional details:

Unpaid Accounts in the Office amount to 615,203.29

Limit of Overdraft arranged with the Bank 500,000.00

Limit of Overdraft authorised by Auditor's Certificate 18,370,000.00

TRANSACTION SUMMARY

Fund

Less: Bank feesTotal (cash account)

Total

2,010,457.35

Opening Balance Receipts Received Payments Made Bank Fees Closing Balance

-

1,392.91

2,121.50 363,404.10

Add: Receipts for period ended

Less: Payments for period (subect to Warrant)

GENERAL FUND SUMMARY

Details

Opening Balance (cash account)

2,005,528.22

RECONCILIATION STATEMENT

Fund

General Fund

365,525.60 Trust Fund

6,322.04


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DetailsPaid Subject to Confirmation

General Fund

Cheques 6,288.07

Bank Charge 5,789.47

EFT Transfers 2,824,259.97

Payroll 687,010.77

Trust Fund

Cheque 12,788.50

Total 3,536,136.78$

Eric Groth

GENERAL MANAGER

was submitted to the Ordinary Meeting on the 18th October 2017, and that the amounts are

recommended to the Council for confirmation of payment.

services as to prices, computations on costings and the amount due for payment.

WARRANT NO. SEPTEMBER 2017

I CERTIFY that this Warrant, covering amounts totalling three milllion, five hundred and thirty six

thousand one hundred and thirty six dollars and seventy eight cents ($3,536,136.78)

This Warrant, a copy of which was submitted to each member of the Council on the 18th

October 2017, has been checked, fully supported by vouchers and invoices

submitted, and has been certified as the receipt of goods and/or rendition of


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Planning Environment and Development Committee Meeting Report

ITEM 1 Planning Environment and Development Committee Report

MEETING Ordinary Meeting – 18 October 2017 DIRECTORATE Planning and Environmental Services AUTHOR Executive Manager, Business Systems and Governance POLICY Nil LEGAL Local Government Act 1993 FINANCIAL Nil STRATEGIC LINK Community Strategic Plan 2.4.5 Implement and advocate for planning strategies and systems that

are streamlined to foster and encourage the establishment of new business.

Operational Plan 2.4.5.1 Provide efficient and effective application, assessment and

certification services in accordance with relevant legislation policy and regulation.

ATTACHMENTS Planning Environment and Development Committee Meeting Minutes – 4 October 2017

OFFICER’S RECOMMENDATION: That Council note that all items of the Planning Environment and Development Committee Meeting held on 4 October 2017 were dealt with by the Committee within its delegates powers.

PURPOSE The Minutes of the Planning Environment and Development Committee Meeting held on 4 October 2017 were dealt with by the Committee within its delegates powers. As a result, no committee recommendations are submitted to Council for determination in accordance with the delegations set out in the Instrument of Delegations relating to the function and power of the Committee. Colin Formann DIRECTOR CORPORATE AND COMMUNITY SERVICES


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Planning Environment and Development Committee Meeting Minutes 4:00pm Wednesday 4 October 2017

COUNCILLOR PRESENT APPROVED

LEAVE OF ABSENCE

ABSENT

J CHAFFEY (Chair) X RG SWAIN X JR CAMPBELL X C FULLER X OC HASLER X R HOOKE X A LUKE X D MOSES X M O’KEEFE X SENIOR STAFF Acting General Manager (C Formann) X Acting Director Planning and Environmental Services (C Hunt) X Acting Director Infrastructure Services (E Paas) X

Council Resolution Moved Councillor R HOOKE Seconded Councillor D MOSES DECLARATION OF INTEREST

COUNCILLOR ITEM REPORT P SNP NSNP RC REASON NIL

STAFF ITEM REPORT P SNP NSNP RC REASON NIL

P – Pecuniary SNP – Significant Non Pecuniary NSNP – Not Significant Non Pecuniary RC – Remain in Chamber during consideration/discussion of item

ITEM 1 Application to Modify a Development Consent No.

2016/031.002 – Modification to amend Staging Plan, to create Stages 1a and 1b – Lot 441 DP755503 – 11 Anzac Parade, Gunnedah

MEETING Planning Environment & Development – 4 October 2017 DIRECTORATE Planning and Environmental Services AUTHOR Town Planner POLICY Nil LEGAL Environmental Planning & Assessment Act, 1979

Gunnedah Local Environmental Plan, 2012 Gunnedah Development Control Plan, 2012

FINANCIAL Nil STRATEGIC LINK Community Strategic Plan

1.2.2 Implement a fully integrated planning framework that aligns to Council plans and guides the development of Gunnedah area.

4.1.3 Ensure that green spaces support and encourage our valuable Koala population to traverse the area and encourage animal health and breeding.

4.9.3 Investigate and act on preservation of our natural and built environment.

Operational Plan 1.2.2.1 Assess and process development proposals in accordance with

the Environmental Planning and Assessment Act.


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4.1.3.1 Consideration of inclusion of suitable koala habitat during assessment of major developments.

4.9.3.1 Implement the provision of the Local Environmental Plan 2012 ATTACHMENTS Nil

COUNCIL RESOLUTIONS:

1.10/17P That the Modification of Consent No. 2016/031.002, for Modification to amend the staging plan to create stages 1a and 1b, at Lot 441 DP755503 – 11 Anzac Parade, be approved subject to the deletion of conditions A1, A2, D5, E13 and F14 and insertion of conditions A1a, A2a, D5a, E13a and F14a. Amended conditions underlined as follows:


A1. Deleted A1a. The proposed development shall be carried out generally in accordance with the

details set out in the following:

• Development Application form lodged 23/03/2016; • Statement of Environmental Effects, prepared by GHD, dated February 2016, ref:

22/17506; and • Additional Information Letter, dated 20 April 2016, Ref: 22/17506/112664; • Submitted plans:

• Prepared by GHD, dated 19/02/2016, Drawing No: 22-17506-DA000, Rev: B (Development Application Cover Sheet), Drawing No: 22-17506-DA222, Rev: B (Development Application Elevations, Sections – Stage 2), Drawing No: 22-17506-DA251, Rev B (Development Application Perspectives-Stage 2); & dated 21/03/2016, Drawing No: 22-17506-DA102, Rev C (Development Application Roof and Basement Plan – Stage 1), Drawing No: 22-17506-DA121, Rev C (Development Application Elevation, Section, AXO – Stage 1), Drawing No: 22-17506-DA201, Rev G (Development Application Floor Plan – Stage 2), Drawing No: 22-17506-DA202, Rev C (Development Application Roof Plan – Stage 2), Drawing No: 22-17506-DA221, Rev C (Development Application Elevations – Stage 2); & dated 11/04/2016, Drawing No: 22-17506-DA001, Rev: C (Development Application Existing Site Plan), Drawing No: 22-17506-DA101, Rev H (Development Application Floor Plan – Stage 1); & dated Aug 2017, Drawing No. Mod 1A, Rev D (Stage 1(a)), Drawing No. Mod 1B (Stage 1(b)), Drawing No. Mod 2, Rev M (Stage 2);

• Prepared by GHD, dated 19/02/2016, Drawing No. 22-17506-C001, Rev B (Civil Works Cover Sheet – Locality Plan & Drawing Index), Drawing No. 22-17506-C002, Rev B (Civil Works General Notes & Legend), Drawing No. 22-17506-C003, Rev B (Civil Works Detail Plan – Stage 1), Drawing No. 22-17506-C004, Rev B (Civil Works Detail Plan – Stage 2), Drawing No. 22-17506-C005, Rev B (Civil Works Typical Sections – Stage 1), Drawing No. 22-17506-C006, Rev B (Civil Works Typical Sections – Stage 2), Drawing No. 22-17506-C007, Rev B (Civil Works Stormwater Plan – Stage 1), Drawing No. 22-17506-C008, Rev B (Civil Works Stormwater Plan – Stage 2), Drawing No. 22-17506-C009, Rev B (Civil Works Catchment Plan – Stage 1 & 2), Drawing No. 22-17506-C010, Rev B (Civil Works Erosion & Sediment Control Plan), Drawing No. 22-17506-C011, Rev B (Civil Works Erosion & Sediment Notes and Details);

• Prepared by Terras Landscape Architects, dated 23/12/2015, Drawing No: 10086.5 – DAL00, Rev A (Cover Page), Drawing No: 10086.5 – DAL01, Rev F (Site Plan Stage 1), Drawing No: 10086.5 – DAL02, Rev F (Site Plan Stage 2), Drawing No: 10086.5 – DAL03, Rev F (Landscape Plan Lower), Drawing No: 10086.5 – DAL04, Rev F (Landscape Plan Upper);


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except as otherwise provided by the conditions of consent. Reason: To ensure compliance with application and plans.

A2. Deleted A2a. To confirm and clarify the terms of this approval, development consent is given for the

undertaking of the following works in accordance with the following staging plan: • Stage 1a:

• Demolition of the existing 6 Lane, 50 metre pool; • Construction of new 8 Lane 50 metre pool; • Minor upgrade to 25 metre heated pool entry, treatment plant and

amenities; • Refurbishment and extension of existing pavilion and inclusion of café; • Construction of new Kids wet play area; • Construction of Kids dry play area; • Construction of new pool plant room; • Provision of two (2) disabled parking spaces and upgrade of disabled

access entries;

• Stage 1b: • New access ramp to 25 metre pool; • Construction of new roof shelter constructed over kids wet play area and

western end of 50 metre pool; • Completion of Landscaping and installation of shade structures, tables

and chairs; • Installation of 30 kW photo-voltaic solar system;

• Stage 2:

• Construction of new indoor 25 metre heated pool; • Construction of new enclosure to house kids wet play area and new 25

metre heated pool; • Construction of tiered seating for 25 metre and 50 metre pools on

Northern side of pool; • Completion of Landscaping of north eastern side of pool complex; • Decommission of existing 25 metre indoor pool upon the completion of

new 25 metre pool; Reason: To ensure compliance with application and plans.

B. Prescribed conditions of development consent


B1. Compliance with Building Code of Australia and insurance requirements under

the Home Building Act 1989 (cf clauses 78 and 78A of EP&A Regulation 1994) (1) For the purposes of section 80A (11) of the Act, the following conditions are

prescribed in relation to a development consent for development that involves any building work: (a) that the work must be carried out in accordance with the requirements

of the Building Code of Australia, (b) in the case of residential building work for which the Home Building

Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is


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http://legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1989%20AND%20no%3D147&nohits=y



in force before any building work authorised to be carried out by the consent commences.

(1A) For the purposes of section 80A (11) of the Act, it is prescribed as a condition

of a development consent for a temporary structure that is used as an entertainment venue, that the temporary structure must comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia.




(3) In this clause, a reference to the Building Code of Australia is a reference to

that Code as in force on the date the application is made for the relevant: (a) development consent, in the case of a temporary structure that is an


Note. There are no relevant provisions in the Building Code of Australia in

respect of temporary structures that are not entertainment venues. Reason: To ensure compliance with the statutory requirements.

B2. Erection of signs (1) For the purposes of section 80A (11) of the Act, the requirements of

subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

(2) A sign must be erected in a prominent position on any site on which building

work, subdivision work or demolition work is being carried out: (a) showing the name, address and telephone number of the principal

certifying authority for the work, and (b) showing the name of the principal contractor (if any) for any building

work and a telephone number on which that person may be contacted outside working hours, and



(4) This clause does not apply in relation to building work, subdivision work or

demolition work that is carried out inside an existing building that does not affect the external walls of the building.

(5) This clause does not apply in relation to Crown building work that is certified,

in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.

(6) This clause applies to a development consent granted before 1 July 2004 only

if the building work, subdivision work or demolition work involved had not been commenced by that date.


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Note. Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).


B3. Condition relating to shoring and adequacy of adjoining property

(1) For the purposes of section 80A (11) of the Act, it is a prescribed condition of

development consent that if the development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person’s own expense: (a) protect and support the building, structure or work from possible

damage from the excavation, and (b) where necessary, underpin the building, structure or work to prevent

any such damage. (2) The condition referred to in subclause (1) does not apply if the person having

the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.


C. Prior to Commencement of Works

C1. Prior to the commencement of any building works for either stage of works, the developer is to apply to an Accredited Private Certifier or Council for a Construction Certificate for the erection of any structures. NO BUILDING WORKS SHALL COMMENCE WITHOUT FIRST OBTAINING A CONSTRUCTION CERTIFICATE. Reason: To meet statutory requirements.

C2. Prior to work commencing appropriate measures are to be implemented in relation to

erosion and sediment control. Such measures are to be maintained during the construction of the development in accordance with Council’s Gunnedah Development Control Plan 2012.


C3. Prior to the commencement of building works, the name, address and contact details

of the Principal Building contractor shall be provided to Council. Reason: To ensure compliance.

C4. Prior to the commencement of building works a "Peg Survey Report" indicating the

location of the each pool and associated structures relative to the allotments boundaries, is to be submitted to Council. Reason: To ensure compliance.

C5. Prior to the commencement of decommission works of the indoor 25 metre heated

pool, appropriate security fencing is to be erected as to ensure compliance with AS1926.



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C6. Prior to the commencement of demolition works, all water and sewerage connections to Council’s infrastructure are to be capped off by a licensed plumber so as to prevent any contamination of Council’s reticulation systems.

Reason: To ensure the integrity of Council’s sewerage and water systems.

C7. Material used as fill within the site shall be free of contaminants. A report is to be

submitted to Council prior to the placement of any fill on the site, providing details of fill including source of fill and potential contaminates within sourced soil.

Reason: To ensure sourced fill does not contain any potential contaminants.

D. Prior to the issue of a Construction Certificate

D1. Prior to issue of a Construction Certificate construction plans, specifications and documentation as required by conditions of this consent and being consistent with this development consent and the Building Code of Australia, are to be submitted to the Principal Certifying Authority.

Reason: To ensure compliance. D2. Prior to the issue of a Construction Certificate a management plan is to be provided to

and be approved by Council, detailing how public access to the existing pool, pools under construction and site will be controlled.

Reason: To ensure access to the site is adequately managed. Stormwater

D3. Prior to the issue of a Construction Certificate, a certified hydraulic engineer’s design and specifications for all proposed water, sewer and stormwater shall be provided to Council.

Reason: To ensure adequate management of water, sewer and stormwater

within and from the site.

D4. Prior to the issuing of a Construction Certificate for recreation indoor and outdoor facility, the Developer shall apply to Council for approval under Section 68 of the Local Government Act,1993 to: (a) Carry out water supply works (b) Carry out sewerage works (c) Carry out stormwater drainage works

Note: All works are to be carried out by an appropriately licensed contractor in accordance with NSW Code of Practice for Plumbing and Drainage-2006.

Reason: To ensure environmental health standards are met. D5. Deleted Stage 1a D5a. The following contributions shall be made for Stormwater Drainage Headworks:

• $8,832.25 The contributions for each stage shall be paid prior to issue of the issue of a Construction Certificate for Stage 1a of works.


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Note: The contributions required by this condition are determined in accordance with the Gunnedah Shire Council Section 64 Developer Services Plan – Stormwater commencing on 17 January 2013, a copy of which may be inspected at the office of the Council. The above contributions have been adopted under the 2015/2016 Council Operational Plan. Revised rates adopted by Council in subsequent Operational Plans will apply to lots released in later financial years. Reason: To ensure compliance with Council’s Developer Services Plans.

D6. Prior to the issuing of a Construction Certificate by the Council or an Accredited

Certifier, the Long Service Levy is to be paid. Reason: To comply with statutory requirements.

D7. Prior to the issue of a Construction Certificate, an application for the discharge of

liquid trade waste to Council’s sewer shall be submitted to Council. Reason: To ensure compliance.

D8. Prior to the issue of a Construction Certificate for Stage 1 of development works, the

developer is to submit and have approved by Council, a plan for the disposal of backwash water from the existing 25 metre heated pool. The plan is to include modelling and design of the proposed method for disposing of all backwash.

Reason: to ensure adequate disposal of backwash from existing 25 metre pool

upon commencement of proposed development.

Stage 2 D9. Prior to the issuing of a Construction Certificate by the Council or an Accredited


E. General

E1. Runoff from rainfall events up to, and including the 5 year ARI event must be contained with a piped system. Flows greater than the 5 year ARI event up to and including the 100 year ARI must be controlled within overland flow paths. Where flow paths are located on private property, an easement shall be provided in favour of the lots/lands that benefit.

Reason: To ensure compliance with Council’s Engineering Guidelines for

Subdivision and Development, 2013. E2. Before erection of any permanent structures such as fences, etc. adjacent to street

boundaries, correct street levels must be ascertained from the Council’s Infrastructure Services Section. Reason: To ensure compliance efficient construction.

Outdoor Lighting E3. Outdoor lighting is to comply with AS/NZS 11583.1 Pedestrian Area (Category P)

Lighting and AS4282 Control of Obtrusive Effects of Outdoor Light.



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E4. Compliance with the Food Act 2003 and Food Safety Standard’s and “AS4674-2004 – Design, Construction and Fit-out of Food Premises” is required in respect to all aspects of this food business. Reason: To ensure compliance.

E5. Excavated material from the lot is not to be placed on or used to alter the level of Council’s footpath, with no earth batters are to extend beyond the property boundary line.

Reason: Implementation of Council policy.

E6. Any damage caused to kerb, guttering and/or footpath during building operations, shall

be rectified by the developer in accordance with Council’s Driveway crossing standards and specifications.

Reason: To ensure the integrity of Council's road infrastructure is maintained in an acceptable standard.

E7. Before erection of any permanent structures such as fences, concrete car drives,

garages etc. adjacent to street boundaries, correct street levels must be ascertained from the Council’s Infrastructure Services Section. Reason: To ensure compliance efficient construction.

E8. Excavations and backfilling All excavations and backfilling associated with the erection or demolition of a building

must be executed safely and in accordance with appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

Reason: To ensure compliance. E9. The Developer shall ensure that any excavated material removed from the site is not

deposited on any land affected by floodwater inundation within the Gunnedah Shire.


E10. Protection of public places If the work involved in the construction or demolition of any buildings onsite:

(a) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or

(b) building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any such hoarding, fence or awning is to be removed when the work has been completed.

Reason: To ensure site safety. E11. No permanent structures are to be placed on any easement.

Reason: To ensure legal requirements.


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E12. The Licensed Plumber shall, within 48 hours of having the work inspected by Council’s Inspecting Officer, provide Council with plans of “AS COMPLETED SANITARY DRAINAGE” for all sewer drainage works associated with this development.


E13. Deleted Stage 1a E13a. Vehicle parking accommodation shall be provided for a minimum of ninety (90)

vehicles, to ensure the provision of adequate on-site parking facilities commensurate with the demand likely to be generated by the proposed development. Such being set out generally in accordance with the details indicated on the submitted plans, except as otherwise provided by the conditions of this consent.


E14. All onsite parking spaces are to be clearly signposted and marked to ensure that they

are clearly identified. All parking spaces are to be marked to ensure compliance with AS 2890 Off Street Parking for parking space dimensions.

Reason: To ensure onsite parking is clearly marked.

E15. All landscaping identified on the approved landscaping plan shall be implemented. Reason: To ensure adequate landscaping along road frontage. E16. The premises are to be provided with access for disabled persons and disabled toilet

facilities that comply with AS1428.1 Reason: To ensure compliance.

F. During Construction Works

F1. Inspections by Council

48 hours prior to the covering of the following works, Council shall be notified by the licensed builder, owner builder or licensed plumber/drainer that the following works are ready for inspection: (a) stormwater drains (b) stormwater absorption trenches (c) internal drainage under water test (d) external drainage under water test (e) water plumbing (f) septic tank or aerated wastewater treatment system (g) pump well and associated pump lines (h) absorption trenches (i) piers associated with external drainage designed to distribute weight of

structure away from sewer main prior to pouring of concrete. (j) Sewer/water main extensions (Infrastructure Services) (k) Final inspection of water plumbing, sanitary drainage and stormwater drainage.

(NB) An accredited certifier may not be substituted for Council in respect of these

inspections, as Council remains the sole responsible authority for these matters. Reason: To ensure compliance before, during and after construction.

F2. Inspections by the Principal Certifying Authority – Mandatory Critical Stage

Inspections


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48 hours prior to the covering of the following works, the Principal Certifying Authority appointed pursuant to Section 81(2)(b) of the Environmental Planning and Assessment Act 1979 shall be notified that works are ready for inspection. (Note: Inspections in bold type are mandatory critical stage inspections under the Act and MUST be carried out by the Principal Certifying Authority. If these inspections are not carried out by the Principal Certifying Authority an Occupation Certificate cannot be issued). (a) Piers (if any) prior to pouring of concrete (b) Footing trenches with reinforcement prior to pouring of concrete (c) Retaining walls and reinforcement (if any) prior to pouring of concrete (d) Concrete slab formwork with reinforcement prior to pouring of concrete (e) Structural framework including roof members. When completed prior to

the fixing of any internal sheeting (f) Wet area, damp proofing and flashing before lining (g) Swimming pool safety fence prior to filling the pool with water (h) Foundation material before installation of the swimming pool or laying of any

bedding material (i) Works in relation to road reserves, footpath, kerb and gutter, road shoulder and

drainage within public lands or road reserves (j) Bearers and joist inspection, including tie down requirements and ant

capping. When completed and prior to the laying of the floor. (k) Insitu concrete formwork (excluding paving) with reinforcement prior to pouring

of concrete. (l) Final inspection prior to use of the building. The above listed works may not be covered until approval is obtained from the Principal Certifying Authority or his/her duly appointed delegate. Reason: To ensure compliance before, during and after construction.

F3. A stamped copy of the development consent, the approved plans and specifications

are to be kept at the construction site at all times during the construction period. Reason: To ensure compliance with approved application and plans.

F4. The storage of all building materials shall be confined within the boundaries of the

allotment. Reason: To ensure site safety.

F5. A stamped copy of the development consent, the approved plans and specifications

are to be kept at the construction site at all times during the construction period. Reason: To ensure compliance with approved application and plans.



F7. The approved erosion and sediment control facilities are to be provided and

maintained throughout the construction of the development. Reason: To ensure compliance with Council’s requirements.

F8. Removal of any known or suspected contaminated waste or soil is to be disposed of to

a suitably licensed facility. Reason: To ensure suitable disposal of contaminated waste.


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F9. In the event that excavation or construction works uncovers an item of potential aboriginal or European heritage significance, operation works are to cease and the Office of Environment and Heritage are to be contacted and any required approvals are obtained.

Reason: To ensure that any item of heritage significance uncovered is suitably

managed. F10. Protection of public places

If the work involved in the construction, alteration and decommission of any building onsite:

(c) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or

(d) building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any such hoarding, fence or awning is to be removed when the work has been completed.

Reason: To ensure site safety.

F11. Toilet facilities Toilet facilities are to be provided, at or in the vicinity of the work site on which work

involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

Each toilet provided:

(a) must be a standard flushing toilet, and (b) must be connected:


management facility approved by the Council, or (iii) if connection to a public sewer or an accredited sewage management

facility is not practicable, to some other sewage management facility approved by the Council.


accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Regulation.

approved by the Council means the subject of an approval in force under Division 1 of Par 3 of the Local Government (Approvals) Regulation 1993.

public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993.

sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993.

Reason: To ensure environmental health standards are met.


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F12. Work on the development shall be limited to the following hours to prevent unreasonable disturbance to the amenity of the area:-

Monday to Friday - 7.00am to 5.00pm; Saturday - 8.00am to 1.00pm if audible on other residential

premises, otherwise 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays. Note: The builder shall be responsible to instruct and control sub-contractors

regarding the hours of work. Council will exercise its powers under the Protection of the Environment Operations

Act, 1997, in the event that the building operations cause noise to emanate from the property on Sundays or Public Holidays or otherwise than between the hours detailed above.

Reason: To ensure amenity of the neighbourhood is maintained. F13. All excavations and backfilling associated with the erection or demolition of a building

must be executed safely and in accordance with appropriate professional standards and they must be properly guarded and protected to prevent them from being dangerous to life or property.

Reason: To ensure compliance and safety of workers and general public. F14. Deleted Stage 1 F14. The 50 metre pool, shade structures and any associated structures shall only be

demolished in accordance with the requirements of AS2601-2001 “The Demolition of Structures” and the requirements of the Workcover Authority of New South Wales including but not limited to: (a) Protection of site works and the general public. (b) Erection of hoardings where appropriate. (c) Asbestos and lead based paints handling and disposal where applicable.

The disposal of demolition materials is to be to an approved licensed waste disposal depot so determined by the NSW Environment Protection Authority.

Reason: To ensure compliance and safety of workers.

Stage 2 F15. The 25 metre indoor pool and Heated Pool Complex shall only be

demolished/decommissioned in accordance with the requirements of AS2601-2001 “The Demolition of Structures” and the requirements of the Workcover Authority of New South Wales including but not limited to: (a) Protection of site works and the general public. (b) Erection of hoardings where appropriate. (c) Asbestos and lead based paints handling and disposal where applicable.

The disposal of demolition materials is to be to an approved licensed waste disposal depot so determined by the NSW Environment Protection Authority.

Reason: To ensure compliance and safety of workers. G. Prior to the issue of an Occupation Certificate


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G1. Occupation of the building or use of each pool completed during stage 1 or stage 2 of works is not to occur until all work has been completed the conditions of consent satisfied and an Occupation Certificate issued by the Principal Certifying Authority.


G2. One set of approved construction drawings shall be amended to show the “work-as-

executed”. WAE drawings shall identify the depth of all sewer junction/connections and the distance of each junction from the nearest downstream manhole. These drawings in both hard copy and electronic form shall be provided prior to issue of the Occupation Certificate for each stage of works. The drawings are required to ensure that adequate records are maintained of community infrastructure. The drawing shall be certified by a registered surveyor or a Chartered Professional Civil Engineer. Also an electronic copy of the WAE in dwg format shall be also provided prior to the issue of an Occupation Certificate.

Reason: To ensure compliance with Council’s requirements. G3. Where allotment filling has been carried out, the “Works-As-Executed” plans shall

indicate the contours prior to and after filling and also the compaction test results. Reason: To ensure compliance with Council’s requirements.

H. Continued Operations

H1. All landscaping shall be maintained at all times in accordance with the approved

landscape plan.


H2. The sealing to all vehicular parking, manoeuvring and loading areas is to be maintained at all times. Reason: To ensure maintenance of car parking areas.

H3. All vehicular movement to and from the site shall be in a forward direction to ensure

that the proposed development does not give rise to vehicle reversing movements on or off the Public Road with consequent traffic accident potential and reduction in road efficiency.


H4. All waste is to be disposed of to a licensed waste facility. Reason: To ensure waste is disposed of off-site in an appropriate manner. H5. All lighting associated with the development shall be so hooded so as to prevent glare

nuisance to any premises not associated with the development or to any vehicles travelling on public roads.

Reason: To ensure amenity of area and public safety.


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Council Resolution Moved Councillor RG SWAIN Seconded Councillor J CAMPBELL

COUNCIL RESOLUTION COUNCILLOR COUNCILLORS

FOR COUNCILLORS

AGAINST COUNCILLORS

ABSENT COUNCILLORS DECLARING AN


PURPOSE The Modification of Consent Application is being referred to Council as the original development determination No. 2016/031, was made by the Joint Regional Planning Panel Northern (JRPP). The Environmental Planning and Assessment Act 1979 does not require that the S96(1A) application be referred to the JRPP for determination. Hence, as the development exceeds Council’s Staff delegation the Modification of Consent Application has been referred to Council for determination.

Applicant: Gunnedah Shire Council Owner: Crown Land (Gunnedah Shire Council, Land Trustee) Property Description: Lot 441 DP755503 11 ANZAC Parade, Gunnedah

Proposed Development The modification of consent request is seeking consent to amend development staging plans to separate stage 1 into two separate stages, being stage 1a and stage 1b. Stage 2 will be unchanged and no additional or reductions of works are proposed.

Figure 1 – Stage 1a


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Figure 2 – Stage 1b

Figure 3 – Stage 2 BACKGROUND The original Development Application was previously referred to the Joint Regional Planning Panel (JRPP) for determination, pursuant to Clause 5, Schedule 4A, of the Environmental Planning and Assessment Act 1979, as the development is a Council Development with a capital investment of more than $5 million. The original application was referred to the JRPP on the 16 May 2016 at which time the JRPP determined that the development should be approved subject to the imposed conditions of consent.


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COMMENTARY Issues S79C(1)(a)(i) the provisions of any environmental planning instrument Gunnedah LEP, 2012 The development site is zoned RE1 Public Recreation under the provision of the Gunnedah Local Environmental Plan, 2012. The proposed modification of consent is regarded as being substantially the same development and will not contravene the objectives of the land zoning. The following clauses of the Gunnedah Local Environmental Plan 2012 are applicable to the proposed modification. 6.5 – Essential Services The original development determination included the approval of a servicing strategy outlining the provision of all relevant services to the development site. The development will not impact on the provision of these services. The stormwater retention tanks will be installed during Stage 1b. It is expected that during Stage 1a of works that the stormwater discharge will be consistent with current stormwater discharge. The stormwater retention tanks will be required for stormwater management associated with the installation of the canopy roof over the kids wet play area conducted during stage 1b, of works. All remaining services will be unaffected. State Environmental Planning Policy No. 44 – Koala Habitat Protection The previous development approval included a SEPP No. 44 assessment. The previous report identified that the development site is not regarded as potential Koala Habitat. The modification will not affect the site to include any additional potential Koala habitat. Hence no further action is required. State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55) The Modification of Consent proposal will not impact on the remediation works that are proposed as part of the development works for this development consent. The Modification of Consent proposal will not change any of the land use proposals for each lot parcel and areas of the site. Hence, no assessment is required of the proposed modification into the suitability of the land use to the level of contamination onsite. S79C(1)(a)(iii) provisions of any development control plan Gunnedah Development Control Plan 2012 1.7 – Consultation The Modification of Consent Application required notification and advertisement as the application is a major Council project with a capital investment value exceeding $1m. The Modification of Consent Application was notified to the adjoining land holders for a period of 14 days and advertised in the local paper. For the extent of the submission period a copy of the modification of consent was made available at Council’s Administration building and on Council webpage. No submissions were received during the submission period. Clause 6.6.1 – Environmental Effects Traffic The Modification of Consent proposal is not expected to result in any change to traffic generation of this development. The development will require that the provision of 90 onsite parking spaces is retained as a condition for stage 1a, being the first stage of the development. As a result of the proposed modification, the traffic generation and onsite parking demand is all accommodated during the first stage of works. Construction Impacts The separation of stage 1 into stages 1a and 1b will not cause any additional impact on surrounding environment. The development is required to be undertaken in accordance with the relevant Australian Standards, the Building Code of Australia, and Work Health and Safety standards. The increase in staging will not result in additional works being created. It is expected that the works during each stage will have minimal impact on the surrounding locality.


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Solid and Liquid Waste The proposed staging plan will not impact on the waste generation from the development with the new plant room, upgrade of the 25m pool filtration system and upgrade of the amenities to be conducted during the first stage. This is consistent with the works approved within the original development consent. No additional waste discharge or generation is expected. S79C(1)(a)(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, There is no planning agreement of draft planning agreement entered into between the development applicant, relevant body or Council, under section 93F of the Act. S79C(1)(a)(iv) the regulations Environmental Planning & Assessment Regulations 2000 The development was not identified as Designated Development under the provisions of Schedule 3. S79C(1)(b) the likely environmental impacts on the natural and built environments and social and economic impacts in the locality Context and Setting The development contains the existing Gunnedah swimming pool complex and the Women’s Bowling Club grounds. The Women’s Bowling Club is unaffected by this development. The site is located to the south of the Gunnedah CBD. The surrounding area contains residential unit complexes, dwelling houses and the Gunnedah Hospital. The site is bounded by public road reserve on all sides. The site currently contains the existing pool facility, pavilion, and 25 enclosed, heated pool and onsite parking areas. Access, transport and traffic The Modification of Consent Application will not alter the provision of vehicle access to the site. The modification will not change the provision of onsite parking spaces. Parking requirements will be provided during stage 1a and will ensure that onsite parking demand is accommodated during the initial stage. The Modification will also not result in an increase generation of vehicle movements within the surrounding road network. Site Design and Internal Design The approved development included a staging plan for works over two stages. The modification of consent will amend this staging plan to separate the first stage into two separate stages, being stage 1a and 1b. The works to be completed in Stage 2 will be unchanged. The alteration will postpone works such as, the large canopies over the kids wet play area and the western end of the new 50m pool, landscaping, dry play areas and 25m pool disabled access ramp, until stage 1b. This will enable the priority works to be completed during stage 1a, before ascertaining budget limits for the works within stage 1b. S79C(1)(c) the suitability of the Site for the Development The modification of consent will not change the development proposal. The development site is consistent with the existing and future development in the locality and will not impact on the ability of the development to be completed and functional. The site is not identified as being bushfire or flood prone and does not contain an item of heritage significance. Hence, the site is considered to be suitable for the development. S79C(1)(d) any submissions made in accordance with this Act or the regulations The Modification of Consent Application is not regarded as being integrated or designated development and does not require notification to external government agencies. The modification was referred to the adjoining land holders and advertised within the local paper as per the requirements of


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the Gunnedah Development Control Plan 2012. Council did not receive any submissions during the exhibition period of this development. S79C(1)(e) the public interest The application did not require any referral to external public agencies. There are no relevant planning studies, strategies or management plans that are applicable to the proposed development. Conclusion The Modification of Consent Application is seeking consent for the amendment to development conditions to enable the development works to be completed over three stages instead of the original 2 stages. The application has been assessed under the provision of the Environmental Planning and Assessment Act 1979. The evaluation of this Modification of Consent Application has concluded that the proposed Modification of Consent is compliant with the legislative requirements for this development. As per the recommendation of this report, it is concluded that Modification of Consent Application No. 2016/031.002 be approved subject to the deletion of conditions A1, A2, D5, E13 and F14 and the inclusion of conditions A1a, A2a, D5a, E13a and F14a.

ITEM 2 Development Application No. 2014/092.003 – Modification of Consent to Remove the Staging Plan – Lot 58, DP1208878 – 4 Favell Street, Gunnedah

MEETING Planning Environment & Development – 4 October 2017 DIRECTORATE Planning and Environmental Services AUTHOR Town Planner POLICY Nil LEGAL Environmental Planning & Assessment Act, 1979

Gunnedah Local Environmental Plan, 2012 Gunnedah Development Control Plan, 2012

FINANCIAL Nil STRATEGIC LINK Community Strategic Plan

1.2.2 Implement a fully integrated planning framework that aligns to Council plans and guides the development of Gunnedah area.

4.1.3 Ensure that green spaces support and encourage our valuable Koala population to traverse the area and encourage animal health and breeding.

4.9.3 Investigate and act on preservation of our natural and built environment.

Operational Plan 1.2.2.1 Assess and process development proposals in accordance with

the Environmental Planning and Assessment Act. 4.1.3.1 Consideration of inclusion of suitable koala habitat during

assessment of major developments. 4.9.3.1 Implement the provision of the Local Environmental Plan 2012

ATTACHMENTS Nil

COUNCIL RESOLUTIONS: 2.10/17P That the Modification of Consent No. 2016/092.003, to remove the staging plan and

subsequent alteration to conditions relating to staged works, at 4 Favell Street, Gunnedah, Lot 58 DP 1208878, be approved subject to the deletion of condition A1, A2, D2, D6, D8, D9, D11a, D12, E22, E23, E24, F10, F11, F16, G1, G5 and G6 and inclusion of condition A1, D2a, D6a, D8a, D9a, D11b, D12a, D13, D14, D15, D16, F10a, F16a, G1a, G5a and G6a. Amended conditions underlined as follows:


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A1. Deleted A1a. The proposed development shall be carried out generally in accordance with the

details set out in the following

• Development Application form lodged 13 August 2014; • Statement of Environmental Effects, prepared by Coastplan Consulting, dated

August 2014, Ref: 13100; & Additional Information, dated 18 September 2014, Ref: 13100; &

• Submitted plans: • Prepared by Oak Tree Group, dated 01/09/2014, Ref: 2026, Dwg No: 00-01,

Rev C (Site Plan), Dwg No: 00-03, Rev C (Site Analysis); & dated 30/07/2014, Dwg No: 01-00, Rev B (Cover Sheet), Dwg No: 01-01, Rev: B (Site Plan), Dwg No: 01-02, Rev B (Floor Plan), Dwg No: 01-05a, Rev B (Elevations), Dwg No: 01-05b, Rev B (Elevations), Dwg No: 02-00, Rev B (2Bed73 Information), Dwg No: 02-01, Rev: B (Floor Plan), Dwg No: 02-06, Rev B (Elevations), Dwg No: 02-07, Rev B (Typical Section & Entry Detail), Dwg No: 03-00, Rev B (2Bed73 Information), Dwg No: 03-01, Rev: B (Floor Plan), Dwg No: 03-06, Rev B (Elevations), Dwg No: 03-07, Rev B (Typical Section & Entry Detail), Dwg No: 04-00, Rev B (2Bed85 Information), Dwg No: 04-01, Rev: B (Floor Plan), Dwg No: 04-06, Rev B (Elevations), Dwg No: 04-07, Rev B (Typical Section & Entry Detail), Dwg No: 05-00, Rev B (2Bed85 Information), Dwg No: 05-01, Rev: B (Floor Plan), Dwg No: 05-06, Rev B (Elevations), Dwg No: 05-07, Rev B (Typical Section & Entry Detail), Dwg No: 06-00, Rev B (3Bed96 Information), Dwg No: 06-01, Rev: B (Floor Plan), Dwg No: 06-06, Rev B (Elevations), Dwg No: 06-07, Rev B (Typical Section & Entry Detail), Dwg No: 07-00, Rev B (3Bed96 Information), Dwg No: 07-01, Rev: B (Floor Plan), Dwg No: 07-06, Rev B (Elevations), Dwg No: 07-07, Rev B (Typical Section & Entry Detail);

• Prepared by JW Concepts, dated July 2014, Page No: DA01 (Draft Landscaping Concept), Page No:DA02 (Draft Landscaping);

• Supporting Documentation: • Civil Engineering Services Report, prepared by Lambert & Rehbein, dated 28

July 2014, Ref: B14298CR001; • Stormwater Management Plan, prepared by Lambert & Rehbein, dated 28

July 2014, Ref: B14298ER001; • BASIX Certificate No: 561986M, dated 28 July 2014; • Assessor Certificate, prepared by Building Sustainability Assessments, dated

28/07/2014, Certificate No: 14910990; except as otherwise provided by the conditions of consent.

Reason: Compliance with application and plans.

A2. Deleted B. Prescribed Conditions (Section 80A(11) of the Act)

Note: The following conditions are prescribed conditions and may or may not relate directly to this development. B1. Compliance with Building Code of Australia

All building work must be carried out in accordance with the requirements of the Building Code of Australia. Reason: To ensure compliance with the statutory requirements.


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B2. Compliance with Home Building Act, 1989

Residential building work within the meaning of Part 6 of the Home Building Act 1989 must not be commenced until a contract of insurance for any authorised building work to be carried out, has been entered into and be in force. Reason: To ensure compliance with the statutory requirements.

B3. Signs to be erected on building, subdivision and demolition work sites.

A sign must be erected in a prominent position on any site on which building work is being carried out: (a) showing the name, address and telephone number of the principal certifying

authority for the work, and (b) showing the name of the principal contractor (if any) for any building work and

a telephone number on which that person may be contacted outside working hours, and

(c) 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. Reason: To ensure compliance with the statutory requirements.

B4. Notification of Home Building Act 1989 requirements

(1) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be

appointed: (i) the name and licence number of the principal contractor, and (ii) the name of the insurer by which the work is insured under

Part 6 of that Act, (b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit

under that Act, the number of the owner-builder permit.

(2) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

(3) This clause does not apply in relation to Crown building work that is certified,

in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.


B5. Fulfilment of BASIX Commitments


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http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1989%20AND%20no%3D147&nohits=y

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1989%20AND%20no%3D147&nohits=y

Prior to release of a final Occupation Certificate for the building works all commitments listed in the relevant BASIX Certificate are to be fully complied with. Where council is appointed as the PCA appropriate certification is to be provided on all matters contained in the current BASIX CERTIFICATE issued for this dwelling to prove compliance the BASIX CERTIFICATE. Reason: To ensure compliance with the statutory requirements.

B6. Shoring and Adequacy of adjoining property

If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the certificate must at the person’s own expense:

(a) protect and support the adjoining premises from possible damage from the

excavation, and (b) where necessary, underpin the adjoining premises to prevent any such damage. This condition does not apply if the person having the benefit of the complying development certificate owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying. Reason: To ensure compliance with the statutory requirements.

C. Prior to Work Commencing C1. Prior to the commencement of any building works for any stage of development, the

developer is to apply to an Accredited Private Certifier or Council for a Construction Certificate for the erection of the dwelling. NO BUILDING WORKS SHALL COMMENCE WITHOUT FIRST OBTAINING A CONSTRUCTION CERTIFICATE.


C2. Prior to the commencement of building works, the name, address and contact details

of the Principal Building contractor shall be provided to Council Reason: To ensure compliance.

C3. Prior to work commencing appropriate measures are to be implemented in relation to

erosion and sediment control. Such measures are to be maintained during the construction of the development in accordance with Council’s Gunnedah Development Control Plan 2012.


C4. An identification survey shall be provided to Council showing the plan locations of the

principal structures and all of the utility services and access ways required for the development. The identification plan shall include the location, extent and terms of all easements and right-of-ways required for the proper functioning of the utility services and access ways as well as property boundaries and boundaries of each stage of development works. This survey is to be completed by a Registered Surveyor and approved by Council prior to the commencement of works.

Reason: To insure compliance with stamped construction plans.


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C5. Prior to the commencement of any building works associated with the proposed dwellings/units The proposed retaining wall shall be completed in its entirety and in accordance with the Council approved design. A retaining wall shall be constructed wherever the proposed site cut exceeds 600mm and shall be designed and certified by a practicing Structural Engineer.

Reason: To ensure the structural integrity of the site.

C6. Engineering Drawings and construction specifications shall be prepared in accordance

with Council’s Guidelines for Subdivisions and Developments 2013 are required for water supply, sewer, stormwater drainage, roads and erosion control during construction, to ensure all works are designed and constructed in accordance with recognised and accepted standards. These drawings, including stormwater drainage calculations, geotechnical test results and pavement depth calculations must be approved by Council prior to the commencement of works.


D. Prior to Issue of a Construction Certificate

D1. Prior to the issuing of a Construction Certificate by the Council or an Accredited


D2. Deleted D2a. Prior to the issue of a Construction Certificate for works, the Developer shall pay to

Council a levy as applicable at the time of payment, relative to the estimated cost of the applicable works, in accordance with the Gunnedah Section 94A Contributions Plan 2013 under Section 94A of the Environmental Planning and Assessment Act 1979. The current levy payable is 1% of the cost of carrying out of the development. The current calculated levy for all works is $125,000, revised construction cost may incur a varied levy fee. The total of all the contribution payments are to equate to a minimum of $125,000.

Note: The Gunnedah Shire Council’s Section 94A Contributions Plan 2013 can be

viewed on Council’s web site at: http://www.gunnedah.nsw.gov.au Reason: To make provision for public amenities and services within the

community. D3. Erosion and sediment control facilities shall be provided to avoid damage to the

environment during construction. The plan and specification for these facilities are considered an integral part of the development and must be approved prior to the issue of a construction certificate. The approved erosion and sediment control measures are to be maintained throughout the construction of the development.


D4. All works undertaken by contractors (ie. other than Council) shall be inspected by

Council to ensure that the works are undertaken in accordance with Council’s Engineering Guidelines for Subdivision and Development, 2013. The inspection fee for each section of the work carried out by contractors shall be paid to Council prior to the issue of a Construction Certificate.



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D5. The contractors engaged on the development of the subdivision must maintain public liability insurance cover to the minimum value of $20 million. The policy shall specifically indemnify Council from all claims arising from the execution of the works. Documentary evidence of the currency of the policy shall be provided to the Council prior to commencement of work and upon request, during the progress of the work.


D6. Deleted D6a. Sewer capacities required by the development shall be determined and modelled for

the entire development using guidelines provided by the Sewer Code of Australia and capacities added to Council’s sewer system design for comparison. A Sewer Servicing Plan shall be submitted to Council and approved by Council prior to issue a Construction Certificate.

Reason: To ensure Council’s Sewer Infrastructure is adequate for the proposed development.

D7. Engineering drawings and specifications for the construction and installation of all

works relative to the proposed extension of Road 1 and infrastructure construction associated with public water supply, sewer drainage and stormwater drainage extensions shall be submitted to Council for approval prior to the issue of a Construction Certificate. The design of all works is to be related to the adjoining infrastructure. All drawings and specifications are to be in accordance with Council’s Engineering Guidelines for Subdivision and Development, 2013.

Reason: To ensure compliance with application and plans. D8. Deleted D8a. A water supply service suitable for the demands of the development shall be provided

by connecting to the water main to be extended in accordance with the requirements of the Council’s Guidelines for Subdivisions and Developments in Road 1. Water consumption shall be determined (including Fire requirements) in accordance with the Water Code of Australia and provided to Council for approval prior to issue of a Construction Certificate.

Note: Should the water main not be provided by virtue of Development Consent

2014/073 the extension of this main shall be the responsibility of the developer.

Reason: To ensure Councils Water Infrastructure has sufficient capacity for the development.

D9. Deleted D9a. Prior to the issue of a Construction Certificate, details of waste collection contract and

details of waste disposal are to be supplied to Council and approved. Reason: To ensure compliance with SEPP (Housing for seniors or People with a

Disability) 2004. Dwelling/Unit Construction D10. Prior to the issuing of a Construction Certificate for each stage the Developer shall

apply to Council for approval under Section 68 of the Local Government Act 1993 to:

i. Carry out water supply works ii. Carry out sewerage works iii. Carry out stormwater drainage works


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iv. Carry out on-site sewer management Note: All works are to be carried out by an appropriately licensed contractor in accordance with NSW Code of Practice for Plumbing and Drainage-2006. Reason: To ensure environmental health standards are met.

D11. Deleted D11a. Deleted D11b. A Compliance Certificate for each stage under Division 2 of Part 3 of the Water Supply

Authorities Act 1987 must be obtained from the Council (as the local water supply authority).

Note: Council requires the following contributions to be paid prior to issuing a compliance certificate to allow continued funding of water and sewer facilities.

$3,394.80 per each 2 x bedroom unit; or $5,686.29 per each 3 x bedroom unit, for water headworks

$2,819.20 per each 2 x bedroom unit; or $4,722.16 per each 3 x bedroom unit, for sewer headworks

The contributions for each unit shall be paid prior to the issue of a Construction Certificate.

The contributions are determined in accordance with the Development Servicing Plan for Gunnedah Shire Council Water Supply and Development Servicing Plan for Gunnedah Shire Council Sewerage commencing on 01 July 2012, a copy of which may be inspected at the office of the Council. The above contributions have been adopted under the Council’s 2014/2015 Operational Plan. Revised rates adopted by Council in the subsequent Operational Plans will apply to lots released in later financial years.

Reason: To ensure compliance with Council’s Development Services Plans.

D12. Deleted D12a. The proposed development will increase the demand for the following public amenities

and public services within the area namely:

* Stormwater Drainage

Pursuant to Section 64 of the Local Government Act 1993 Council requires the payment of a monetary contribution of:

* $1,285.88 per dwelling unit The contribution for each unit shall be paid prior to the issue of a Construction Certificate. The contributions required by this condition are allowed by and determined in accordance with the Gunnedah Shire Council Section 64 Developer Services Plan – Stormwater commencing on 17 January 2013, a copy of which may be inspected at the office of the Council.


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Note: The above contributions have been adopted under the 2014/2015 Council Management Plan. Revised rates adopted in subsequent Operational Plans will apply to an occupation certificate issued in later financial years. Reason: To ensure compliance with Council’s Contributions and Development Services Plan.

D13. Prior to the issue of a Construction Certificate for any unit, the stormwater drainage

system for the development site shall be installed to connect the development to Council’s drainage infrastructure in accordance with Council’s Guidelines for Subdivisions and Developments. The stormwater drainage system shall be provided to and approved by Council prior to installation.

Note: The Pearson Street stormwater system is at capacity, therefore the stormwater detention system shall be designed in accordance with Council’s Guidelines for Subdivisions and Developments 2013 and cater for storms up to and including a 100 year storm event.

When designing for the drainage and detention system, consideration must be given to catchment areas above the development and at a minimum cater for adjoining overland flows.

Reason: To ensure Stormwater is disposed of in accordance with Council Guidelines.

Water Supply D14. Prior to the issue of a Construction Certificate for any unit, a water supply service

capable of meeting the demands of the development shall be provided to the development site. Council’s existing water main located in Road 1 shall be extended to 20 metres beyond the southern boundary of the development site. A water service shall be extended from this main extension. A stop valve and hydrant shall be installed at the end of the water main extension. The design of the water main extension shall be provided to and approved by Council prior to installation. All works are to be in accordance with Council’s Guidelines for Subdivisions and Developments 2013.

Note: A Water Application Form shall be submitted to Council, together with the installation costs. The installation costs adopted in the Council’s 2014/2015 Management Plan are $1,700 per each additional lot. Revised rates adopted in the subsequent Management Plans will apply to lots released in later financial years. Reason: To ensure compliance with Council’s requirements.

Sewer D15. Prior to the issue of a Construction Certificate for any unit, a sewer service capable of

servicing the development shall be provided to the development site. Council’s sewer main is to be extended from Pearson Street, at the northwest corner of the development site, along the northern site boundary to a point in adjacent to the site entry in Favell Street and thence southerly along the eastern boundary of the development site The sewer main is to include all the necessary manholes and junctions. The design of the sewer main extension is to be provided to and approved by Council prior to installation. All works are to be undertaken and inspected in accordance with Council’s Guidelines for Subdivisions and Developments 2013.



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D16. All infrastructure works, including extension of Council’s water or sewer mains and connection to stormwater as well as construction of all boundary fences, is to be undertaken prior to the issue of a Construction Certificate for any unit. The extension of Council’s water, sewer and stormwater mains where required, is to be undertaken in accordance with Council’s Guidelines for Subdivisions and Developments 2013.

Reason: To ensure all required infrastructure works and fencing are completed

as required.

E. General

E1. All buildings are to be positioned a minimum of 3 metres from related lot boundaries. Reason: To ensure compliance with development plans. E2. Vehicle access to the proposed development is to be from Road 1 identified on

development plans. No vehicle access is to occur from Pearson Street. Reason: To ensure suitable Public road access is provided. Easements E3. Three (3) metre wide easements shall be created in Council’s favour over all public

water, stormwater and sewer mains controlled and managed by Council located within the boundaries of the lots.

Reason: To ensure compliance with Council’s requirements. Landscaping E4. All landscaping shall be conducted in accordance with the approved landscaping plan. Reason: To ensure adequate landscaping along road frontage. On-site Lighting E5. All outdoor lighting is to be in accordance with AS 4282-Control of Obtrusive Effects of

Outdoor Lighting. Reason: To ensure amenity of neighbours.

Swimming Pool E6. The proposed pool shall comply with the relevant parts of the Swimming Pool Act

1992, Swimming Pool Regulation 2008 and Australian Standard 1926.1. Reason: To ensure compliance with legislation and standards.

Community Bus E7. A bus service is to be provided for all occupants of the development, that complies

with State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, Part 2, Clause 26.

Reason: To ensure compliance. E8. The Developer is to ensure that the community bus has a minimum of 10 seats

available for passengers, not including the driver. This bus is to operate daily at least once between the hours of 8am and 12pm and at least once between 12pm and 6pm.

Reason: To ensure compliance with the SEPP (Housing for Seniors or People

with a Disability) 2004.


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Allotment Filling E9. All allotment filling will require certification as to suitability and capability of the filling

from an appropriately qualified Consulting Engineer for approval by Council. The certification shall include drawings/specifications which shall clearly indicate the location and depth of proposed filling. Matters taken into consideration in the certification shall include drainage, services, fill material standards, compaction standards, dust control and impact on adjacent lands.

Reason: To ensure compliance with Council’s requirements. E10. Where allotment filling has been carried out, the “Works-As-Executed” plans shall

indicate the contours prior to and after filling and also the compaction test results. Reason: To ensure compliance with Council’s requirements. Road Works E11. Proposed Road 1 shall be constructed from the existing formation to 20 metres

beyond the south side of the proposed vehicle entry to the site. The road works will include the construction of a temporary gravelled cul-de-sac turning area within the road reserve. The design of the road works shall be submitted to and approved by Council prior to certification. The works shall be constructed in accordance with Council’s Engineering Guidelines for Subdivisions and Developments 2013 and Austroads Specifications.

Note: The minimum radius required for the gravelled cul-de-sac is 10.5m.

Reason: to provide vehicle turning area. E12. Proposed Road 1 shall have a minimum road reserve width of 20 metres. Road

formation is to be a minimum of 11 metres wide construction between kerbs. Reason: To ensure compliance with Council’s requirements.

Traffic and Parking E13. Parking areas must comply with AS 2890 – Parking Facilities. Driveway and parking

areas are to be bitumen sealed, paved or constructed of other dust suppressant method. Details of surfacing must be provided to Council and approved prior to the issue of a Construction Certificate.

Reason: To ensure compliance with relevant Australian Standards. E14. Onsite car parking accommodation shall be provided for a minimum of seventeen (17)

vehicles, to ensure the provision of adequate on-site parking facilities commensurate with the demand likely to be generated by the proposed development. Such being set out generally in accordance with the details indicated on the submitted plans, except as otherwise provided by the conditions of this consent.

Reason: To ensure adequate on site car parking is provided.

Traffic and Street Signage E15. The developer shall meet the cost to Council of supply and installation, of all public

street signage (both traffic and name) relevant for all works. The signage shall be installed by Council upon completion of Construction Works.



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Electricity E16. Internal electrical services provision is to be provided in the form of an underground

electrical service. Each dwelling/unit shall be provided with a service in accordance with Essential Energy’s supply guidelines.

Reason: To ensure adequate provision of electrical services are provided. Street Lighting E17. The developer shall extend, supply and install street lighting along Road 1 street

frontages, where required. All intersections shall be provided with street lighting. All works are to be undertaken in accordance with Essential Energy’s residential development standards.


E18. Stormwater trunk drainage appropriately sized is to be installed as part of the road

works associated with the extension of Road 1 to make provision for stormwater management associated with the development of the subdivision under Development Consent 2014/073.


Stormwater Drainage E19. Stormwater from the development site must not be concentrated onto adjoining land.

All stormwater management measures shall be provided in accordance with Council’s specifications and requirements.


E20. Runoff from rainfall events up to, and including the 10 year ARI event must be

contained with a piped system. Flows greater than the 10 year ARI event up to and including the 100 year ARI must be controlled within overland flow paths. Where flow paths are located on private property, an easement shall be provided in favour of the lots/lands that benefit.

Reason: To ensure compliance with Council’s requirements. E21. Stormwater collected from the yard and roof (including overflow outlet from any

rainwater tank) shall be collected and directed to the stormwater drainage system via underground pipes.

Reason: To ensure stormwater is satisfactory disposed of from the site. E22. Deleted E23. Deleted E24. Deleted E25. All internal sewer main drainage (exclusive of Council’s sewer mains) remain the

property of the owner who shall be responsible for the maintenance of the sewer main. Reason: To ensure identify responsible parties.

Onsite Waste Storage E26. Onsite Waste storage areas are to be adequately screened from view from a public

place to the satisfaction of Council. The location of these areas are to be submitted to Council and approved by Council prior to installation.


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Reason: To reduce impact on local amenity. F. During Construction Works

F1. A stamped copy of the development consent, the approved plans and specifications are to be kept at the construction site at all times during the construction period. Reason: To ensure compliance with approved application and plans.

F2. No permanent structures are to be placed on any easement.

Reason: To ensure legal requirements.

F3. Street numbers of minimum height of 75mm are to be displayed in a prominent

position so as to be legible from the street. Reason: To ensure proper identification of premises in case of emergencies.



F5. Work on the project shall be limited to the following hours to prevent unreasonable

disturbance to the amenity of the area:- Monday to Friday: 7.00am to 5.00pm; Saturday: 8.00am to 1.00pm if audible on other residential premises,

otherwise 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays if it is audible on the residential premises.

Note: The developer shall be responsible to instruct and control his sub-contractors

regarding the hours of work. Council will exercise its powers under the Protection of the Environment Operations Act 1997, in the event that the building operations cause noise to emanate from the property on Sundays or Public Holidays or otherwise than between the hours detailed above.

Reason: To ensure compliance with Council’s requirements. F6. The approved erosion and sediment control facilities are to be provided and

maintained throughout the construction of the development. Reason: To ensure compliance with Council’s requirements. F7. Retaining walls and drainage

If the soil conditions require it: (a) Retaining walls associated with the erection or demolition of a building or

other approved methods preventing movement of the soil must be provided, and

(b) adequate provision must be made for drainage.


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Should a retaining wall be proposed to be constructed above a height of 600mm the applicant shall have the structure designed by a practicing Structural Engineer and a copy of the design plans are to be provided to council before work commences on the site. The retaining wall is to be completed in accordance with the design provided prior to any occupation or use of the building. Reason: To ensure site stability.

F8. Support for neighbouring buildings

If an excavation associated with the construction of any stage of the seniors living development extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

(a) must preserve and protect the building from damage, and (b) if necessary, must underpin and support the building an approved manner, and (c) must, at least 7 days before excavating below the level of the base of the

footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. In this clause, allotment of land includes a public road and any other public place.

Reason: To ensure site stability.

Access F9. Vehicular access will be from the Road 1 and will require installation of a concrete

layback and the construction of a full width concrete driveway across the footpath in accordance with Council's standards, specifications and AS 2890.1 Parking Facilities. A copy of the concrete crossover specification sheet can be downloaded or viewed on Council’s website at: http://www.gunnedah.nsw.gov.au

a) Before commencement of this work, construction levels are to be obtained from

Council’s Infrastructure Services. A security bond being half of the estimated cost of the construction work is to be lodged with Council, before work on the driveway is commenced.

b) Upon the satisfactory completion of the driveway by the developer, the security bond will be released.

Note: Council promotes a nominal cross-fall across the footpath from the kerb top to the boundary line of 2%. Internal driveway grades shall be in accordance with AS 2890 – 2004. Council’s Infrastructure Services can be contacted on 02 6740 2130. Reason: To implement Council’s policy.

F10. Deleted F10a. The developer is to install all letterbox facilities for all units. Reason: To ensure compliance. F11. Deleted F12. Deleted


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F13. Deleted F14. Deleted F15. Deleted

F16. Deleted

F16a. Where a staged construction certificate is issued for the proposed development, the

internal road for the extent of the development works is to be extended from the existing formation servicing previously constructed units, for the extent of the frontages to each dwelling/unit. The road layout is to be constructed in accordance with the approved site plan prepared by Oak Tree Group, dated 01/09/2014, Ref: 2026, Dwg No: 00-01, Rev C (Site Plan), & dated 30/07/2014, Dwg No: 01-01, Rev: B (Site Plan). The road construction is to include the construction of a temporary gravel, cul-de-sac turning area at the termination of each internal road. The cul-de-sac shall have a minimum radius of 10.5 metres. All works shall be conducted in accordance with Council’s Engineering Guidelines for Subdivision and Developments 2013 and Austroads Specifications. Reason: To provide adequate internal driveway and vehicle turning area onsite.

F17. Inspections by the Principal Certifying Authority – Mandatory Critical Stage

Inspections

48 hours prior to the covering of the following works, the Principal Certifying Authority appointed pursuant to Section 81(2)(b) of the Environmental Planning and Assessment Act 1979 shall be notified that works are ready for inspection. (Note: Inspections in bold type are mandatory critical stage inspections under the Act and MUST be carried out by the Principal Certifying Authority. If these inspections are not carried out by the Principal Certifying Authority an Occupation Certificate cannot be issued). (m) Piers (if any) prior to pouring of concrete (n) Footing trenches with reinforcement prior to pouring of concrete (o) Retaining walls and reinforcement (if any) prior to pouring of concrete (p) Concrete slab formwork with reinforcement prior to pouring of concrete (q) Structural framework including roof members. When completed prior to

the fixing of any internal sheeting (r) Wet area, damp proofing and flashing before lining (s) Swimming pool safety fence prior to filling the pool with water (t) Foundation material before installation of the swimming pool or laying of any

bedding material (u) Works in relation to road reserves, footpath, kerb and gutter, road shoulder and

drainage within public lands or road reserves (v) Bearers and joist inspection, including tie down requirements and ant

capping. When completed and prior to the laying of the floor. (w) Insitu concrete formwork (excluding paving) with reinforcement prior to pouring

of concrete. (x) Final inspection prior to use of the building. The above listed works may not be covered until approval is obtained from the Principal Certifying Authority or his/her duly appointed delegate.

Reason: To ensure compliance before, during and after construction. F18. Prior to the back filling of all sewer, water and stormwater mains, a visual inspection is

to be undertaken by Council.


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Note: The contractor shall provide Council with 48 hours notice that the works are ready inspection.

Reason: To ensure compliance with Council’s requirements. F19. The developer shall ensure that all back fill over sewer mains shall be a minimum of 3-

5 mm granular grit. Reason: To ensure compliance with Council’s requirements. F20. Vacuum or air testing is required to all sewer mains in accordance with the Sewer

Code of Australia WSA 02-2002 clause 22.4.2 Reason: To ensure compliance with Council’s requirements. F21. A mirror inspection to gauge deflections of the sewer main is to be undertaken by

Council after 14 days of the installation date on each section from manhole to manhole with full moon witnessed.

Note: The contractor shall provide Council with 48 hours’ notice that the works are

ready inspection. Reason: To ensure compliance with Council’s requirements.

G. Prior to Issue of an Occupation Certificate G1. Deleted G1a. Prior to the Issue of an Occupation Certificate, Lots 1 DP1106240 and Lot 14

DP826656 shall be consolidated into one allotment and Road 1 dedicated as public road. All public infrastructure shall have easements established over it in favour of Council.

The fee for subdivision of $120 shall be paid to Council at the lodgement of the

subdivision plan. Reason: To ensure that the development is situated on one allotment and

access to public infrastructure is made available. G2. One set of approved construction drawings shall be amended to show the “work-as-

executed”. (WAE). These drawings in both hard copy and electronic form shall be provided prior to issue of the Occupation Certificate for each stage.

Note: The drawings shall be certified by a registered surveyor or a Chartered Professional Civil Engineer. The electronic copy of the WAE shall be provided in dwg format.

Reason: To ensure adequate records are maintained of Council and community infrastructure.

G3. No access to the development is to occur from Pearson Street.

Reason: Council has resolved to close Pearson Street adjacent to the development site.

G4. A Restriction as to User, pursuant to Section 88E of the Conveyancing Act 1919 is to be registered against the title of the property on which this development is to be carried out, which restricts the tenants housed granted occupancy to those listed:


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a) Seniors or People who have a disability; b) People who live within the same household with seniors or people with

have a disability; c) Staff employed to assist in the administration of and provision of services

to housing provided under this Policy.

Note: Seniors as defined within the SEPP (Housing for Seniors or People with a Disability) 2004 are people aged 55 or more years, people who are resident at a facility at which residential care (within the meaning of the Aged Care Act 1997 of the Commonwealth) is provided, or people who have been assessed as being eligible to occupy housing for aged persons provided by a social housing provider.

Reason: To ensure compliance with SEPP (Housing for Seniors or People with a Disability) 2004.

G5. Deleted G5a. Written notification shall be provided prior to the issue of an Occupation Certificate, to

demonstrate that electricity supply connection has been provided to the lot and is capable of servicing the whole development.

Reason: To ensure that electrical services are provided.

G6. Deleted G6a. Written notification shall be provided prior to the issue of an Occupation Certificate, to

demonstrate that telecommunication cables have been provided to the lot capable of servicing the whole development.

Reason: To ensure that telecommunication services are provided.

H. Continued Operation

H1. The development is to ensure compliance with the requirements of the State Environmental Planning Policy (Housing for seniors or People with a Disability) 2004 for the extent of the life and operation of the site for seniors living.

Reason: To ensure compliance. H2. The landscaped area of the development is to be maintained at all times in

accordance with the approved landscape plan.


H3. The sealing to all vehicular parking, manoeuvring and internal roadways are to be maintained at all times. Reason: To ensure maintenance of car parking areas.

H4. No general household waste is to be disposed of onsite. All waste generated onsite is to

be disposed of to Council’s waste management facility via appropriate means. Appropriate onsite waste bins storage areas and disposal measures are to be maintained for the life of the development.

Reason: To ensure suitable disposal of waste.

H5. A bus service is to be provided for the life of the seniors living development. Reason: To ensure compliance


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H6. Continue operation is to ensure compliance of the development with AS/NZS 2107-

2000, Acoustics – Recommended design sound levels and reverberation times for building interiors.

Reason: To ensure compliance with SEPP (Housing for seniors or People with a

Disability) 2004. Council Resolution Moved Councillor C FULLER Seconded Councillor RG SWAIN

COUNCIL RESOLUTION COUNCILLOR COUNCILLORS

FOR COUNCILLORS

AGAINST COUNCILLORS

ABSENT COUNCILLORS DECLARING AN


PURPOSE The Modification of Consent Application is being referred to Council as the original development consent No. 2014/092 and Modification of Consent No. 2014/092.002 was previously determined by Council. Applicant: Coastplan Consulting Owner: Oak Tree Retirement Village Property Description: Lot 58 DP1208878,

4 Favell Street, Gunnedah


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Locality Plan Proposed Development The Modification of Consent Application is seeking the variation to the removal of plans, conditions and references to the staging of the development consent. The current development approval is currently undertaken over 18 stages. The Modification of Consent Application will enable the development to being conducted over one stage only. BACKGROUND Council previously approved Development Consent No. 2014/092, for the construction of a 67 unit Senior Living Development that included community centre, swimming pool and bowling green. The development was approved to be constructed over 18 stages. On 17 December 2017, Council approved a modification to the development consent to correct a conditions relating to development headwork contributions. COMMENTARY Issues S79C(1)(a)(i) the provisions of any environmental planning instrument Gunnedah LEP, 2012 The development site is zoned R2 Low Density Residential under the provision of the Gunnedah Local Environmental Plan, 2012. The use of the site as Senior Living is permitted subject to development consent within the R2 zoning. The proposed development is consistent within the objectives of the zone as the development will encourage employment opportunities. The following clauses of the Gunnedah Local Environmental Plan 2012 are applicable to the development.


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4.4 – Floor Space Ratio The modification of consent will not impact on the floor space of development onsite. As the original development proposal was compliant with the development site floor space ratio it is considered that the modification is also compliant. 6.5 – Essential Services The development site is currently serviced by Council’s water, sewer and stormwater services and suitable vehicle access. The proposed modification of consent will not impact on provision of essential services. State Environmental Planning Policy No. 44 – Koala Habitat Protection Previous investigation determined that the development site is not regarded as being potential Koala Habitat and hence SEPP 44 does not apply to the development site. Hence, no further investigation is required. State Environmental Planning Policy No. 64 – Advertising and Signage The proposed modification will not change the provision of signage for the proposed development. S79C(1)(a)(iii) provisions of any development control plan Gunnedah Development Control Plan 2012 1.8 – Consultation The modification of consent was notified to adjoining land holders as the original development determination was referred to adjoining land holders for comment. No submissions were received during the submission period. S79C(1)(b) the likely environmental impacts on the natural and built environments and social and economic impacts in the locality Context and Setting The development site is located within the residential area of Gunnedah to the east of the central business district. The surrounding area is predominately residential usage containing dwelling house and vacant residential allotments. Utilities The removal of the staging will not have any impact on the provision of services, as services have already been provided to the site and any ongoing service provision will be conducted internally. Conditions relating to works to be undertaken prior to the issue of a construction certificate for Stage 1, are to be retained as consent conditions, to ensure that works are adequately completed. As there will no longer be a staging plan for this development, the completion of these works are to be conducted prior to the issue of a construction certificate Site design and internal design The development currently has approval for the undertaking of the development over 18 stages. The modification to remove the staging will not amend the development layout or the number of units to be created. All development setbacks will be unchanged. S79C(1)(d) the suitability of the Site for the Development The modification of consent will not change the development proposal. The development site is consistent with the existing and future development in the locality. The development will be complimentary to the existing development conducted within the surrounding street locality. The site is not identified as being bushfire or flood prone land and does not contain an item of heritage significance. Hence, the site is considered to be suitable for the development.


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S79C(1)(d) any submissions made in accordance with this Act or the regulations The Modification of Consent Application was notified to adjoining land holders. The modification was placed on public exhibition for a period of 14 days for which time a copy of the application was placed on Council’s webpage and a hard copy was made available at the Council’s administration building. No submissions where received during the exhibition period. S79C(1)(e) the public interest The application did not require any referral to external public agencies. There are no relevant planning studies, strategies or management plans that are applicable to the proposed development. Conclusion The Modification of Consent Application is seeking approval to remove the approved staging plan and alter any conditions that have reference to staging of works. The application has been assessed under the provision of the Environmental Planning and Assessment Act 1979. The evaluation of this development application has concluded that the proposed Modification of Consent is compliant with the legislative requirements for this development. As per the recommendation of this report, it is concluded that Modification of Consent Application No. 2014/092.003 be approved subject to the deletion of Conditions A1, A2, D2, D6, D8, D9, D11a, D12, E22, E23, E24, F10, F11, F16, G1, G5 and G6 and insertion of Conditions A1, D2a, D6a, D8a, D9a, D11b, D12a, D13, D14, D15, D16, F10a, F16a, G1a, G5a and G6a. There being no further business, the meeting concluded at 4:05pm. Councillor J Chaffey MAYOR


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october business paper - public 18 october 2017 … phyllis lucy ellicott, frank fermor, richard...

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