ordinary meeting tuesday 15 may 2012 5.30pm …...of 70 dart street oberon councillors confirmed...

137‐139 Oberon Street PO Box 84 Oberon NSW 2787 Telephone: (02) 6329 8100 Fax: (02) 6329 8142 Email: [email protected]

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Attachments for Staff Reports

Ordinary Meeting

Tuesday 15 May 2012

5.30pm Oberon Council Chambers

ATTACHMENTS – Ordinary Meeting – 15 May 2012

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CONTENTS

11.01.02 ATTACHMENT A - CURRENT OUTSTANDING ACTIONS – MAY 2012 ......... 4

12.01.02 ATTACHMENT A - COUNCIL SEAL TO SECTION 88B INSTRUMENT ........ 20

12.01.02 ATTACHMENT B - COUNCIL SEAL TO SECTION 88B INSTRUMENT ........ 21

12.01.03 ATTACHMENT A - DEVELOPMENT APPLICATION 10.2011.67.1 ............... 24

12.01.03 ATTACHMENT B – APPLICANT’S SITE PLANS AND ELEVATIONS .......... 39

12.01.03 ATTACHMENT C – APPLICANT’S STATEMENT OF ENVIRONMENTAL

EFFECTS ........................................................................................................ 45

12.01.03 ATTACHMENT D – APPLICANT’S GEOTECHNICAL REPORT .................... 75


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11.01.02 ATTACHMENT A - CURRENT OUTSTANDING ACTIONS – MAY 2012

Outstanding Actions – updated 7 May 2012

Resolution Number – Subject

Resolution - Summary Assigned To:

Action Taken

03170412 – Seniors Welfare Committee – establishment of Trust Fund?

General Manager be requested to discuss with the executor of the estate of the late Leath Johnston for the purpose of securing the funds for aged care.

GM Pending discussion with Solicitor and making initial contact with Executors

07170412 – Transport Access over the Blue Mountains

Council seek a meeting with the State Member to progress issues in relation to transport access over the Blue Mountains and a meeting be sought with the Minister.

GM GM and Mayor to meet with local member.

08170412 - NBN

Contact be made with the Federal Member and the Minister for Telecommunications to make representations and advise that Council has been unsuccessful in pursuing a response in relation to the NBN.

GM

11170412 – Local Government Review Panel

That the information be received and noted and that Council take an active part in assisting the Panel.

GM Noted.

12170412 – Review of Engagement with the RFS

Mayor together with Councils reps on the Chifley Fire Zone and interested Councillors “workshop” the paper in order to provide advice to the Associations.

GM GM to discuss with Mayor

13170412 – Community Strategic Plan

That Council note the requirement to complete the draft CSP for submission to the May Council Meeting and provide input into the timing and location of the proposed Community Information Sessions.

GM Noted. See Report Item to May Council. Meeting.

14170412 - MOU – Oberon Council and Oberon Plateau Tourism Association (OPTA)

That: 1. Council support the changes to the

Blue Mountains, Lithgow and Oberon Tourism (BMLOT) member’s brochure display agreement between the three Councils comprising the BMLOT

2. Council accepts the current Memorandum of Understanding to exclude free brochure display to Blue Mountains Lithgow Oberon Tourism members instead providing the members with the ability to display their brochure’s under the new Brochure Pricing Structure

3. Council accepts the new Brochure Policy.

GM Noted, discussed with Tourism Promotion Manager and MOU has been actioned.


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17170412 - DA 10.2011.71.1 and CC 11.2011.71.1

That Council determine Development Application 10.2011.71.1 in accordance with the recommendation outlined in the attached Section 79C report.

DD Approval issued in accordance with resolution.

18170412 - DA 10.2012.6.1 and CC 11.2012.6.1

That Council determine Development Application 10.2012.6.1 and Construction Certificate 11.2012.6.1 in accordance with the recommendation outlined in the attached Section 79C report.


20170412 - DA 10.2011.75.1 – Oberon Golf Club Additions and Extensions

That Council submit the proposed cost estimate of $20,000 for the development of the northern car park for consideration in the preparation of the draft Delivery Program and Operational Plan for 2012-13.

DE Referred for consideration with the Draft Delivery Program and Operational Plan for 2012-13.

20170412 - DA 10.2011.75.1 – Oberon Golf Club Additions and Extensions

That Council determine Development Application 10.2012.75.1 in accordance with the recommendation outlined in the attached Section 79C report.


23170412 – Burraga Fire Shed

That Council make application to the Land and Property Management Authority to close and transfer the crown road located at DP758196 to allow for the construction of the new fire shed.

DE Application to close road has been submitted to LPMA for consideration.

26170412 – Swimming Pool Complex

That the Community and Customer Services Manager and the Director of Development investigate design options and the financial ramifications of those options in weather-proofing the 25m Pool at the Oberon Pool Complex.

CCSM Preliminary investigations are currently underway.

30170412 – Applications for Donations

Submitted for information and consideration for the draft Delivery Program and Operational Plan 2012/13. It was noted that $250.00 be included for consideration in the draft Delivery Program and Operation Plan 2012/13 for the Xsight Youth Group to assist with the Xsight Factor Talent Quest.

DCS Referred to draft Delivery Program and Operational Plan 2012/13.

32170412 – Minutes of the Heritage Committee

That the construction of a stabilized granite pathway through the Avenue of Trees at O’Connell from the bus shelter to the Beaconsfield Road intersection, along the western side between the tree trunks and the fence be costed and considered as part of the Delivery Program and Operational Plan 2012-13.

DD Item to be referred for consideration in Delivery Plan and Operational Plan 2012/13

33170412 – Minutes of the Heritage Committee

That: a. Consideration be given to the re-

establishment of the Local Heritage Fund in the 2012/13 budget estimate up to a value of $8,500.

DD Items to be referred for consideration in Delivery Plan and Operational Plan 2012/13


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b. $7,000 be considered in the 2012/13 budget to enable the Heritage Committee to complete the Heritage signs in Burraga, Black Springs and O’Connell.

34170412 – Minutes of the Works Committee Meeting

1. That: a. A disabled car park be installed near the recently constructed pathway at the Common which joins Edith Road using blue metal to stabilise the surface b. ‘No Parking’ signs be erected for the remainder of the Edith Road area c. Signs be erected directing motorists to the parking areas and visitors to the location of the toilets 2. A concept plan be prepared for future development of the Common and Visitor Information Centre precinct and costing of future projects with particular reference to parking facilities for caravans and a road safety awareness park for children be included 3. The cement render on the external walls of the toilet block at the Common be removed and an anti graffiti seal be applied 4. The presentation related to current work practices and funding related to local roads and endorse proposed future strategy within funding constraints 5. The 2012-2017 Plant Replacement Program be approved in principle and further that Council endorse the usage of the plant replacement template for prioritising and replacement of plant 6. The Council note the construction program up to 30 June 2012 and update on Gingkin Road 7. Council note the information on the draft Road Response Risk Management Policy 8. Council approve the purchase of a Caterpillar CB24 Double Drum 3 tonne roller for $38,000 (exclusive of GST) under the current plant replacement budget 9. Council approve funding any over expenditure of $30,000 on the Abercrombie Road rehabilitation works from the Road Construction Reserve 10. Contact be made with the RMS in regards to the safety issues around the culvert located on the western side of the O’Connell Avenue between the café and the bus shelter when walking to the bus stop with a view of resolving the safety concerns.

DE 1a. Not yet commenced 1b. Signs being ordered 1c. Signs being ordered 2. Not yet commenced 3. Not yet done 4. Noted 5. Noted 6. No action required – Matter Closed 7. No action required – Matter Closed 8. Purchase order issued – Matter

Closed 9. Noted 10. Not commenced 11. Not yet done 12. Not commenced


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11. Improvements to Todds Road be assessed and an estimate be prepared for consideration with the 2012/13 Draft Budget12. Staff investigate a proposed purchase of land to facilitate a walkway from Albion Street to the town centre.

37170412 – Disposal of Waste Material

That the Council approve the contract agreement with CSR to load and haul waste material from Endeavour Street to the Oberon Waste Depot at the prices negotiated and the General Manager be authorised to sign under the Council seal.

DE Not commenced

20 March 2012 Ordinary Meeting - Question from Mr Kevin Webb – Carlwood Road Drainage Issues

What is Council doing about the drainage issues on Carlwood Road? Mr Webb advised that commencing from the Lowes Mount Road intersection travelling west along Carlwood Road a section of approximately 1km has been bitumen sealed. The first time it rained following the sealing water ran across the road as there is inadequate drainage along this section of road. The second issue is that there are several culverts along this road that have been blocked for years. The Director of Engineering responded advising that an external contractor has been booked to work on the blocked culverts and this will commence in mid April. The Director of Engineering undertook to inspect the drainage issues on the sealed section of Carlwood Road.

DE Cleaning of culvert completed – Matter Closed

20 March 2012 Ordinary Meeting - Carpark at Rear of 70 Dart Street Oberon

Councillors confirmed that it was intended that 6 metres from the laneway be retained by Council for future development of parking. It was also noted that Council is required to provide access to the rear of the property. The Director of Corporate Services also advised that Council will be seeking a re-valuation from real estate agents for the property.

DCS Director of Development has issued request to surveyor to prepare plans for consolidation of the rear 6 metres of Council’s property at 70 Dart Street with the existing Library/Community Centre allotment. Revised appraisal requested from agents.

57200312 - Aged Care Facility

That Council attempt to secure an option over the adjoining land on behalf of Columbia Homes.

GM Mayor and Alan McCormack met with owner of adjoining land to progress the matter.

54200312 - Minutes of the Timber Heritage Walk Committee

1. That the Minutes of the Timber Heritage Walk Committee held on the 27 February 2012 be received for information

2. Director of Development, in association with Council’s Heritage Advisor, look at developing the signage and editing the information previously submitted to the committee

DD April Update – In progress


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3. Councils Director of Development forward information onto Council’s Community and Customer Services Manager to seek opportunities for funding from other sources for the interpretative signs.

53200312 - Community Energy Efficiency Program

That an application be submitted through CENTROC for funding to move to an energy efficient water pump system at the Oberon Pool Complex.

CCSM Application submitted through Centroc. Awaiting notification of results.

52200312 - Economic Development Committee

1) That expressions of interest be sought from the community for the appointment to the Economic Development Committee to establish the following membership representation: • Burraga Progress Association x 1 • Black Springs Progress Association

x 1 • NSW Farmers x 1 • NSW Forestry x 1 • Oberon Timber Complex x 3 (1 x

CHH, 1 x Borg & 1 x HPP) • NSW Department of Regional

Development x 1 • Manufacturing Industry x 1 • Retail Industry x1 • Services Industry x 1 • Community Representative x 1 • Councillors x 1

2) That the Charter as presented for the Economic Development Committee be adopted by Council

3) That the Section 355 Committee Management Manual be revised to reflect the resolutions made and brought to a future meeting of Council for adoption.

CCSM Advertisements have been placed in the Oberon Review seeking Expressions of Interest from community members to serve on the amended Committees. May Update: Letters have been sent to nominated groups, awaiting response. EOI from the advertisements closed 30th April with no formal responses received at that time. Report to June Ordinary Council Meeting.

48200312 - Black Bullock Road Sealing

That the request to construct and seal 250m of Black Bullock Road be investigated including evaluation of a solution to the dust problem and referred to the 2012/13 estimates for consideration.

DE 1. The estimated cost to construct and seal a 250m section of the road has been referred to 2012/13 Budget considerations.

2. A solution to the dust problem – not commenced.

46200312 - Golf Club Effluent Reuse Project

That staff provide an updated project plan and costings for the Golf Club Effluent Reuse Project.

DE See report submitted to May Ordinary Meeting.

43200312 - Main Street Trees - Security Cameras

That Council note the content of this report related to the replacement of trees and investigate alternate options and report back to the April Ordinary Council Meeting.

DE See report submitted to May Ordinary Meeting.

23200312 - Stormwater Charge

That, as Council’s program for Stormwater becomes clearer, consideration be given to introducing this charge.

DCS Awaiting consideration of the Delivery Program and Operational Plan.


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22200312 - Community and Correctional Partnership Program

That the Mayor convene a meeting of interested community groups and the Corrective Services Department.

GM Not commenced

18200312 and 19200312 - Blue Mountains, Lithgow and Oberon Tourism Observer

That, unless a Councillor would like to nominate, the new General Manager’s name be put forward as an observer to Blue Mountains, Lithgow and Oberon Tourism. That Council seeks approval for the BMLOT alternate delegate to have voting rights in the absence of the nominated delegate.

GM Correspondence forwarded to BMLOT.

17200312 - Centroc Meeting

That the information be received and noted and Council note the fee structure as proposed will be part of the 2012/13 Budget considerations.

DCS Referred to draft Delivery Program and Operational Plan 2012/13.

06200312 - Funding Commitments

That Council make representations to the State Member in regards to the funding commitments made prior to the last State election.

GM Follow up required.

05200312 - Correspondence from Zone Commander, NSW Police, Chifley Zone

In regards to accommodation for the local Police Sergeant that Council again make representations to the State Member and the Minister in regards to housing as this matter is seen to be inhibiting Oberon’s ability to attract police to the area.

GM Contact made with Member for Bathurst Paul Toole, letter sent.

03200312 - Blue Mountains Lithgow and Oberon Tourism

That the General Manager be requested to contact Blue Mountains and Lithgow Councils in relation to the State Governments intention to cut tourism funding and have the matter raised with CENTROC.

GM Letter sent

21 February 2012 Ordinary Meeting - Jenolan Street Trees

Councillor McMahon raised concern in relation to large trees growing from the bank in Jenolan Street. The trees are a safety concern and Councillor McMahon requested staff inspect this matter. The Director of Engineering advised that the matter would be investigated.

DE Works Manager has inspected the site with Cr McMahon. A quote will be obtained from a contractor to remove trees, as some may be in range of power lines. May Update: Purchase Order issued.

21 February 2012 Ordinary Meeting - Safety Fencing at Stormwater Harvesting Dams

That staff be requested to evaluate the cost impact of haulage of forest products on local roads with the view of establishing a possible cost recovery process.

DE Not commenced as Storm Water Harvesting project is on hold until receipt of Federal funding.

72210212 - Lease of Dental Surgery

That Council not acceded to the request to vary the lease as previously approved for the Oberon Dental Surgery at 72 Dart Street.

DCS Council’s solicitors have advised lessee – awaiting response.


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58210212 - TASAC Tourist Drive 1 Signage – Bathurst Hartley via Oberon

1. Council writes a letter to Tourist Attraction Signposting Assessment Committee (TASAC) confirming that Tourist Drive 1 signage be retained, with a copy of the Tourist Drive 1 audit containing the location and condition of existing signage, written commitment to maintain signposting, copies of promotional material relating to the tourist drive and where visitors are able to obtain the promotional material.

2. Council request that additional signage be installed for The Tablelands Way at the turnoff to Taralga and Oberon on the Old Hume Highway as well as signs north and south of Goulburn on the Hume Highway.

GM 1. Bathurst, Lithgow and Oberon Councils are in the process of updating the promotional material to be submitted with the letter, this will be completed by the end of March 2012. Correspondence, promotional material, signage audit, written commitment of signpost maintenance will be sent all together to TASAC in April.

April Update: In the final stages, as all promotional material will be ready for the Rosehill Caravan and Camping Show from 21 to 29 April. 2. Oberon signage along Hume Highway

was raised with TASAC 9 months ago. As a result two signs have been installed. The first sign is located along the Hume Highway at Goulburn southbound, Oberon is mentioned on a Focal Point sign (Green & White sign) for road access via Goulburn located 1km prior to the exit ramp. On the North Bound Hume Highway, Oberon is mentioned on a Focal Point sign for road access via Goulburn located 1.5 km prior to the exit ramp.

In regard to Tablelands Way signs the only affordable option available is to approach each of the Councils along the Tablelands Way – Goulburn Mulwaree, Upper Lachlan, Oberon, Lithgow and Mudgee requesting that all Councils add to their Council / township welcome sign “A part of the Tablelands Way” +TW logo. April Update: Emails has been written to all tourism officers from Goulburn Mulwaree, Upper Lachlan and Lithgow with a request to bring up welcome signage at each council. Yet to receive a reply.

57210212 - Water Security

1. Council note this report 2. Council note the General Manager has

engaged external assistance (estimated to be 10 hours work) to complete the Drought and Demand status

3. The General Manager be authorised to obtain external assistance as deemed necessary to assist with the completion of other studies as required, provided that such costs are within the current budget

4. The Mayor nominate persons to the Project Reference Group (PRG)

5. Council note that fees for the Central West Utilities Alliance will be determined at the next Centroc Meeting.

GM Demand Plan has been accepted by NSW Office of Water (NOW). Drought Plan has been submitted to NOW. Mayor has sent letters to nominees on PRG. Centroc report including fees to be presented to March 2012 Meeting.


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53210212 - Section 355 Committees Review

1) That the following 355 Committees be disbanded, effective immediately: • The Library Committee • The Events Committee • The Oberon Promotions

Committee 2) That the Oberon Sports Complex

Committee be renamed the Oberon Sports Facilities Committee, further that the membership be expanded to include one representative from the Oberon Pool Complex user groups and the Charter be revised to reflect these changes

3) That the following 355 Committees be established: • Oberon Community Services

Committee • Oberon Events and Tourism

Marketing Committee • Economic Development Committee

(new committee to be established) 4) That the Charter as presented for the

Oberon Community Services Committee be adopted by Council

5) That the Charter as presented for the Oberon Events and Tourism Marketing Committee be adopted by Council

6) That expressions of interest be sought from the community for appointment to the Oberon Community Services Committee to establish the following membership representation: • Community Centre

recreational/craft user groups x 2 • CTC users x 2 • Non aligned community members

with specific skills base in the management of community facilities x 2

• Councillors x 2 7) That the defunct Library Committee

members be asked to nominate two existing members to transition to the Oberon Community Services Committee as the Library user group representatives

8) That Councillor O’Bernier and Councillor Doney accept nomination to the Oberon Community Services Committee

9) That expressions of interest be sought from the community for appointment to the Oberon Sports Facilities Committee to represent Oberon Pool user groups.

10) That the membership of the Oberon Events and Tourism Marketing Committee comprise:

CCSM April: The Section 355 Committee Management Manual has been revised to reflect the above changes, awaiting nominations from members to serve on committees. Correspondence has been sent to those serving members of the disbanded committees advising of Council’s resolution to disband the Library, Promotions and Events committees. Advertisements have been placed in the Oberon Review seeking Expressions of Interest from community members to serve on the amended Committees. May Update: Minimal response has been received for representation on both the Oberon Events and Tourism Marketing Committee, and the Community Services Committee. A report will be tabled at the June Ordinary Meeting to detail all nominations.


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• OPTA representatives x 2 • OBA representatives x 2 • National Parks and Wildlife Service

representative x 1 • Festivals representative x 1 • Non affiliated community members

with an appropriate skills base x 2 • Councillors Doney and O’Bernier

11) That the Section 355 Committee Management Manual be revised to reflect the resolutions made and brought to a future meeting of Council for adoption.

43210212 - Library Container

1. It be confirmed that the Library Container is required to be moved.

2. Staff be requested to investigate the feasibility of an alternative location that could allow the container to still be utilised by the Friends of the Oberon Library.

CCSM March: Correspondence has been sent to the President of the Friends of Oberon Library requesting a meeting time to discuss options for an alternative location. April: FOOLS have advised they are contacting the Oberon Show Society Trust to see if they are able to move the container to the Show Ground.

32210212 – Forests NSW Road Funding

That staff be requested to evaluate the cost impact of haulage of forest products on local roads with the view of establishing a possible cost recovery process.

DE Not commenced

24210212 – Quarterly Management Plan Review

That the proposed deleted items in the Quarterly Management Review Plan be identified and addressed at the appropriate committee meeting.

DCS Items previously deleted have been re-instated and included with Quarterly Management Plan Review presented to May 2012 Ordinary Meeting.

21210212 and 22210212 - Policy Reviews

That the General Manager report to Council in relation to the benefits of allowing advertising on the three bus shelters in the Oberon area.

DCS Enquiries have been made to other Councils without success. Further investigation required.

12210212 - Seniors Welfare Committee

That the Traffic Committee be requested to investigate the feasibility of installing two additional pedestrian crossings in the main street of Oberon.

DE Will be included in the next traffic committee meeting.

09210212 - Minutes of the Heritage Committee

That: 5. That Mr Christo Aitken in conjunction

with the current owner be requested to prepare an application to consider the Cobb Barn at Lindlegreen, O’Connell listed as a State Heritage item.

6. The brochure depicting the history of the Coxs Road through the Oberon Council area be accepted and seeks promotion through the Visitors Information Centre with financial support from Council for the printing and distribution of the brochure.

7. The brochure depicting the history of the O’Connell Anzac Memorial Avenue of trees be accepted and seeks promotion through the Visitors

DD March Update – Action 5 being undertaken. Actions 6 & 7 will be taken to budget estimates to discuss contribution. May Update – Items 6 & 7 Council to print 250 copies of the documents for display at VIC and copies to be distributed to the Guardians of O’Connell


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Information Centre with financial support from Council for the printing and distribution of the brochure.

41201211 – Jenolan Caves

That Council declare its support for the ongoing public ownership of the Jenolan Caves to the NSW State Government and Federal Government by calling on both tiers of Government to commence discussions to develop a joint public funding model for the ongoing viable operation of Jenolan Caves given its overwhelming significant cultural, heritage, tourism and environmental attributes.

GM February Update: See report regarding Oberon Promotions Committee to February 2012 Meeting. March Update: Additional letters of support were received from Blue Mountains Council and from Oberon Plateau Tourism Association. Correspondence has been forwarded to Dianne Leeson, Administrator, Jenolan Caves Reserve Trust offering Council’s support and assistance in developing a future funding model for the ongoing viable operations of Jenolan Caves. A response is yet to be received.

35201211 – National Awards for Local Government

That an application be made to the Australian Government to nominate for the Active Arts Award, for the Heritage Walls project at the Common.

CCSM Application submitted, awaiting notification of results.

34201211 – Your Community Heritage Grant

That an application be made to the Your Community Heritage Grant to assist in the digitisation of the Alan Brown Collection.

CCSM Application submitted, awaiting notification of results.

51151111 - Acquisition of Road Reserve

That Council approach the Minister for Transport Duncan Gay to enquire about providing financial support to acquire land for future road reserve in the O’Connell area.

DD Correspondence forwarded to the Ministers office seeking Council options.

49151111 - Stormwater Harvesting Project

1. That an application be submitted under the Federal Government Stormwater Harvesting and Reuse Grants Round 3.

2. That further discussions be held with NOW to obtain appropriate licencing of the project.

3. That further negotiations be held with the end users in relation to the quantity, quality, and price of the water to be supplied.

4. That the design of the scheme be reviewed and modified to conform with the outcomes from these negotiations, and to achieve construction cost savings where possible.

DE 1. Application submitted 2. Not commenced 3. End users contacted, meeting held on

17 Jan 2012 4. Will be addressed once the Federal

Grant application is approved.

38151111 – Library Development Grants

That an application be submitted to the Library Development Grants to fund the establishment of a Mobile Library Service for the Oberon LGA.

CCSM An application has been submitted for a Mobile Library vehicle. Await outcome.


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18151111 - Hunting in State Forests 46210212 - Hunting in State Forests

That Council communicate their thanks to the Minister for her response and decline the meeting with the Game Council of NSW. Further, that Council communicate the position to be one of requesting complete exclusion of recreational shooting from the forests of the Oberon LGA during the mushrooming season. Further that Council communicates its ongoing concerns regarding a whole range of passive recreation activities (for example, fossicking, camping, fishing) occurring in State Forests that are in conflict with recreational shooting. That in essence a minority recreational pursuit is impacting on a majority of forest users. That a letter be written to the Hon Katrina Hodgkinson advising that Council see no future in meeting with the Game Council in relation to hunting in State Forests and would like to meet with the Minister to progress the matter.

GM Letter written – await response. Response received encouraging Council to reconsider meeting with the Game Council in relation to Councils concerns. Letter sent from Mayor’s Office – await response.

06151111 - Minutes of the Works Committee Meeting

3. Estimates be sought for the removal of trees and the cost to seal the entrance to improve safety at Todds Road to be included in 2012/13 budget deliberations.

6. Council investigate the feasibility of a second reservoir site.

Staff are requested to follow up with written correspondence to the RTA in relation to the Bus Stop at Box Flat/O’Connell Road Intersection.

DE 3. Not commenced. Estimates will be included in 2012/13 budget deliberations.

6. Not commenced

18 October 2011 Ordinary Meeting - Wind Policy

Councillor McMahon asked staff to review the Council’s Wind Farm Policy taking into consideration new information such as health, noise etc. and provide a revised policy to Council as soon as possible.

DD A report on the DCP will be presented to a future Council Meeting. March Update – Council has forwarded correspondence to the Department raising concerns over the draft Planning Guidelines for Wind Farms. Upon receipt of correspondence from the Department officers will report to Council.

42181011 - Establishment of PCYC

That Oberon Council submit an expression of interest to be considered for the establishment of a PCYC in Oberon.

CCSM The CCSM contacted the PCYC to find the date of announcement. The Head Office has advised late April 2012. Await response. May Update: Email to head office to ascertain date of announcement. Advised 5/8 grants have been decided – so far not successful. Email to PCYC Region commander to follow up other opportunities.

39181011 - Funding Opportunities

That an application be submitted to the NSW Community Building Partnership Fund for the establishment of a new ablutions block at Cunynghame Oval.

CCSM Application submitted. Await response. May Update: Grant successful – Matter closed.


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47200911 - Transport Issues

That Council support Borg’s submission to the RTA in relation to 25 metre Self Steering Combination Vehicle access over the Blue Mountains on condition that Borg meets all safety requirements as set by the RTA. This support is also conditional on there being no increase in the GVM (Gross Vehicle Mass) from what is currently approved for the 19m General Access Vehicles (or as instructed by the RTA) and that the one third reduction in current daily truck movements is achieved.

GM Borg informed of Council resolution. Council are still awaiting a date to meet with the Minister regarding this matter. November Update – Meeting held, await further advice from the Ministers Office. December Update – progress report requested from the Ministers Office. February Update – report not received. March Update – No response was received from the Ministers office by late February. The Mayor has spoken with Paul Toole MP who followed up with the Minister’s office and was advised that the issue was still being considered, but no decision had been made. Paul Toole MP will made additional enquiries when parliament meets in March and advise Council of the outcome.

19 July 2011 Ordinary Meeting - Outstanding Rates

Councillor McCarthy requested information about the source of outstanding rates. The Director of Corporate Services will provide further information regarding this.

DCS Report to be presented to Ordinary Meeting after preparation of Community Strategic Plan and Long Term Budget.

19 July 2011 Ordinary Meeting - Lighting at Fleming Street Bus Terminal

Councillor McCarthy asked if investigation had been undertaken into additional lighting for the Fleming Street bus terminal. The Director of Engineering advised that Essential Energy have looked at this and the cost to improve the current lighting is approximately $15,000. It has been suggested that providing lighting in the interior of the bus shelter may be a viable alternative rather than providing additional street lighting.

DE Clear sheeting panels have been ordered.

43210611 - Albion Park Land Offer

That the offer to purchase the identified 2,750m2 lot in Maher Drive for $86,080 + GST be accepted.

DCS Contract for sale competed – awaiting final settlement.

44170511 – Disposal of Waste Material

That the General Manager be authorised to negotiate an agreement for the disposal of waste material from Lot 24, DP 1148073 to the Oberon Waste depot subject to approval by an independent authority.

DE Negotiations are ongoing.

40170511 – 2011/12 Management Plan, Budget and Fees and Charges

It was noted that Councillor Doney requested a report regarding the revenue generated from the sale of water to commercial and residential customers.

DCS The report regarding the revenue generated from the sale of water to commercial and residential customers to be presented to Ordinary Meeting after preparation of Community Strategic Plan and Long Term Financial Plan.

32150211 Minutes of Works Committee Meeting

That the Director of Engineering inspect and commence appropriate negotiations with surrounding landholders from Jeremy Road with a view to realign access onto Arkstone Road.

DE Written to the receiver and awaiting response.


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30141210 - Broadband Submission November Ordinary Meeting 63210212

That Council makes a submission to the National Broadband Network to be a pilot site for the wireless broadband network to cover areas of the Oberon LGA not able to access the fibre optic network. Councillor Sullivan requested that a letter be written to Senator Conroy in relation to the Broadband issues requesting action. The General Manager undertook to take further action in relation to the matter. That a letter be written to the Minister for Broadband, Telecommunications and the Digital Economy pointing out that there has been no response to Councils application to be considered as a pilot site for wireless and seek his further advice in relation to the matter. It was noted that a further report will be provided to Councillors in relation to the current status of the NBN.

GM Letter sent to the CEO of the NBN Co on December 20 2011. No response to date. February Update: New contact name established – letter resent – await response. March Update: Contacted officer requesting timeline for response. April Update: No response to date. June Update: Email response received, awaiting formal letter advising Council further. July Update: Action with John Cobb’s office. February Update: Letter written – await response.

37161110 - Oberon Sports Complex Committee Meeting

1. The following priorities be set for work to be carried out at the Oberon Sports Complex, subject to available funding:

a. Major Senior League (front) Playing field, Small Soccer Field (next to SES Shed) and Recreation Ground are first priority for top dressing, seeding, aeration and eliminating the tufts of grass on the playing fields.

b. Junior League (rear) Playing field, Hockey field priority two.

And that costing, funding sources and a timeline for works be prepared for consideration by Council. 2. Covering of outdoor Netball Courts,

improvements/provision of change facilities at Leagues Club, Netball Courts and Recreation Ground should be considered as part of an overall Oberon Sports Complex improvement project. Funding sources including possible grant funding for a major project are to be evaluated

3. Investigation be undertaken into a design and costing to modify the goals on the recreation ground, small soccer field and league fields to make the grounds fit for multi-purpose use.

4. That the works required to be carried out to address the lighting issues at the Major Senior League Playing field be determined and an estimate of costs be obtained for the works and bought back to Council for consideration.

DE/ CCSM

Grant submitted for topdressing sports fields – awaiting outcome. Grant unsuccessful. Engineering Staff have requested feedback from the grant co-ordinators, and whilst grant application was fine – not a priority at this time. 1. Major Senior League (front) Playing

field cored, aerated and top dressed.


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5. That investigation be undertaken regarding the opportunity to utilise water from the Stormwater Harvesting Project for watering sporting facilities in the future.

6. That the cost of core testing on the Junior League rear field be ascertained to establish the stability of the surface prior to spending significant time and money resurfacing the field.

08191010 – Heritage Committee Meeting Minutes

That a main street study for Oberon, incorporating aspects such as:

• Seating • Vegetation/landscaping • Awnings reconstruction • Car parking • Painting of buildings • Waste bins • Paving • Potential for tourism, heritage, and

economic benefits be undertaken, subject to an investigation of potential funding and involvement of appropriate community groups.

DD Ongoing

05200610 – Golf Club Assistance

1. $110,000 be allocated from the Sewerage Fund for the construction of a recycled wastewater system to the Oberon Golf Club.

2. That the General Fund reimburse the Sewerage Fund $11,000 per year until 2021/22.

3. The Oberon Golf Club enter an agreement with Council to accept treated effluent on the basis that Oberon Golf Club are responsible for the energy costs on the scheme.

4. The raw water feed to the Golf Club be disconnected.

DE Agreement on an alternate shorter route has been reached. September Update: Easement being finalised. March Update: See report to March 2012 Ordinary Meeting. April Update: See resolution 46200312.

05150909 – Proposed O’Connell Conservation Area

1. The Heritage Committee be asked to provide the reasons and logic in relation to what they perceive needs to be protected.

2. All affected landowners within the proposed area, regardless of the size of property, be given adequate time to provide comment in regards to the proposal including the information requested in Item 2 above.

3. Consultation between the Council and the relevant parties be undertaken prior to the Council taking a decision on any issue relative to the matter.

DD Ongoing and will be considered in the Draft Land Use Strategy.


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35161208 – Oberon – Hazelgrove Walking Track

That upon securing a lease over the walking track corridor between Oberon and Hazelgrove Stations, a sublease to provide access to Lot 3 DP 1080555 be granted.

GM Awaiting lease document approval. Alternative access off walking track now approved for construction. November Update: Lease for the walking track is awaiting a risk assessment concerning the interface between the proposed operational track and walk/cycle track. January Update: Alternative access off walking track now constructed. Draft risk assessment completed.


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12.01.03 ATTACHMENT A - DEVELOPMENT APPLICATION 10.2011.67.1

DEVELOPMENT ASSESSMENT REPORT – New Dwelling and Garage, Lot 4 DP 1108123, 1172 Mutton Falls Road O’Connell PROPOSAL Council is in receipt of a Development Application 10.2011.67.1 for the proposed construction of a new dwelling and 2 associated detached garages on land described as Lot 4 DP 1108123, being known as 1172 Mutton Falls Road, O’Connell. The applicant has applied under State Environmental Planning Policy (SEPP) 1 to vary clause 18(b) of the Oberon Local Environmental Plan 1998 which requires that a dwelling not to be erected within 100m of the high water mark, in this case the Fish River. The proposed dwelling is 92.6m from the Fish River, thus a reduction of 7.4% is requested by the applicant. Because the variation to the development standard is less than 10%, Council can assume the concurrence of the NSW Department of Urban Affairs and Planning as advised in Clause 12 of circular B1 dated 17 March 1989. SUMMARY To assess and recommend determination of DA 10.2011.67.1, recommendation will be for approval subject to conditions. LOCATION OF THE PROPOSAL Legal Description : Lot 4 DP 1108123 Property Address : 1172 Mutton Falls Road, O’Connell ZONING: The land is zoned Rural 1(a) in accordance with Councils current Local Planning Instrument, being Local Environmental Plan (LEP) 1998. PERMISSIBILITY: Lot 4 DP 1108123 is considered a vacant original holding as per clause 18(a)(i) of Councils current Local Environmental Plan 1998 and as such the proposed development is permissible subject to development consent. The proposed development is considered permissible subject to Clause 18 of Councils current Local Environmental Plan 1998, and subject to the approval of a State Environmental Planning Policy (SEPP) 1 application to vary the development standard setback requirement of 100m to 92.6m. The requirements of clause 8 (concurrence) of SEPP 1 have been considered and it is felt that approval of the proposed variance is appropriate in this instance.


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POLICY IMPLICATIONS (OTHER THAN DCP’s) Nil FINANCIAL IMPLICATIONS (e.g. Section 94) Nil LEGAL IMPLICATIONS Nil Any Environmental Planning Instrument The applicant has applied under State Environmental Planning Policy (SEPP) 1 to vary clause 18(b) of the Oberon Local Environmental Plan 1998. Clause 8 of the SEPP details what Council must take into consideration in deciding whether concurrence should be granted. The two matters Council must take into consideration are:

“(a) whether non-compliance with the development standard raises any matter of significance for State or regional environmental planning, and (b) the public benefit of maintaining the planning controls adopted by the environmental planning instrument”.

The proposed development will not raise any matter of state or regional significance, nor is there any public benefit to maintaining the 100m setback from the Fish River. Clause 8 has been satisfied through the use of the NSW Land and Environment Court ‘five part test’ to consider when assessing SEPP 1 applications. The five part test to determine whether a SEPP 1 application is well founded is:

1. “the objectives of the standard are achieved notwithstanding noncompliance

with the standard;

The objective of the 100m development standard within the clause 18(b) of LEP can be directly linked back to ensure achievement of the zone objectives within clause 9 of the LEP. In particular the 100m setback is intended to “protect, enhance and conserve water resources and preventing the pollution of water supply catchments” which are quoted in clause 9(a)(vii). Whether the dwelling is located 100m or 92.6m as proposed in this instance will not change the proposed developments ability to “protect, enhance and conserve water resources and preventing the pollution of water supply catchments” because the impact upon the Fish River will still be minimal whether the dwelling is 92.6m or 100m as there is sufficient distance to ensure protection of the water resource. The applicant has supplied a geotechnical report which also notes hydrogeomorphological information to satisfy clause 18(c) of the current LEP. The geotechnical report proposes a mound effluent disposal system which is currently the most advanced and frequently used effluent systems for difficult sites. The


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geotechnical report states “even though the system will be within 200m of the Fish River there will be no detrimental effect on the river”. The geotechnical report proposes the effluent disposal area to be located directly in front of the dwelling, which will mean it is approximately 85m from the edge of the Fish River, a condition of consent will request that the effluent disposal area is relocated outside the 100m water mark to ensure compliance with Australian Standard 1547 and also to minimise any potential perceived impact of the effluent disposal area (unless other parameters prevent this from happening).

2. the underlying objective or purpose of the standard is not relevant to the

development and therefore compliance is unnecessary;

The objective and purpose of the standard is relevant, however due to the minimal size of the non compliance (7.4m or 7.4%) compliance is unnecessary in this instance as the objectives of the development standard can still be achieved with the proposed setback of 92.6m.

3. the underlying object of purpose would be defeated or thwarted if compliance

was required and therefore compliance is unreasonable;

The underlying object of purpose would be defeated or thwarted if compliance was required because there would be no benefit by requesting that the dwelling is an extra 7.4m further back as it would not change the impact of the proposed development upon the Fish River. The variance is minimal (7.4%) and as such if compliance was required it would be unreasonable.

4. the development standard has been virtually abandoned or destroyed by the

council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;

Nil

5. the compliance with development standard is unreasonable or inappropriate

due to existing use of land and current environmental character of the particular parcel of land. That is, the particular parcel of land should not have been included in the zone”.

Nil

Within Councils current Local Environmental Plan 1998 the following clauses are also applicable;

• Clause 9 – Zone objectives and development control table for Zone No 1 (a) (Rural ‘A’ Zone).

• Clause 10 - General considerations for development within rural zones • Clause 18 - Dwelling-houses in Zone No 1 (a)

The abovementioned 3 clauses are quoted below.


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9. Zone objectives and development control table for Zone No 1 (a) (Rural ‘A’ Zone)

The objectives of this zone are to promote the proper management and utilisation of resources by: (a) protecting, enhancing and conserving:

(i) agricultural land in a manner which sustains its efficient and effective agricultural production potential, and

(ii) soil stability, by controlling and locating development in accordance with land

capability, and

(iii) forests of existing and potential commercial value for timber production, and

(iv) valuable deposits of minerals, coal, petroleum and extractive materials, by controlling the location of development in order to ensure the efficient extraction of those deposits, and

(v) trees and other vegetation in environmentally sensitive areas where the conservation of the vegetation is likely to control land degradation or is significant to scenic amenity or the natural wildlife habitat, and

(vi) water resources, including groundwater, for use in the public interest, preventing the pollution of water supply catchments and water storage, and

(vii) areas of significance for nature conservation, including areas with rare plants, wetlands and significant habitats, and

(viii) items of archaeological or heritage significance, including Aboriginal relics and places, and

(b) preventing the unjustified development of prime crop and pasture land for purposes other than agriculture, and

(c) facilitating farm adjustments, and

(d) minimising the cost to the community of:

(i) fragmented and isolated development of rural land, and (ii) providing, extending and maintaining public amenities and services, and

(e) providing land for rural small holdings development and for other non-agricultural uses in accordance with demand for that development and in a manner which has the least adverse impact on prime crop and pasture land, and

(f) controlling and locating dwelling-house development to provide buffers from adjoining agricultural land in order to provide adequate environmental safeguards to the inhabitants and not prejudice future agricultural activity in the near vicinity.

2 Without Development Consent

Development for the purpose of:

agriculture (other than building work and intensive livestock keeping establishments); forestry.


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3 Only with Development Consent

Development not included in item 2 or 4.

4 Prohibited

Development for the purpose of: bulk stores; commercial premises; motor showrooms; residential flat buildings; sales rooms or showrooms; shops (other than general stores).

10. General considerations for development within rural zones

(1) The Council must not consent to development on land within Zone No 1 (a), 1 (c) or 1 (e) unless it has taken into consideration, if relevant, the effect of the carrying out of the proposed development on:

(a) the present use of the land, the potential use of the land for the purpose of

agriculture and the potential of any land which is prime crop and pasture land for sustained agricultural production, and

(b) vegetation, timber production, land capability (including soil resources and soil

stability) and water resources (including the quality and stability of water courses and ground water storage and riparian rights), and

(c) the future recovery from known or prospective areas of valuable deposits of

minerals, coal, petroleum, sand, gravel or other extractive minerals, and (d) the protection of areas of significance for nature conservation or of high scenic or

recreational value, and items of archaeological or heritage significance, including Aboriginal relics and places, and

(e) the cost of providing, extending and maintaining public amenities and services to the

site of the proposed development, and (f) the future expansion of settlements in the locality.

(2) As well as the matters referred to in subclause (1), the Council must take into consideration the relationship of the development to development on adjoining land and on other land in the locality.

(3) Subclause (1) does not apply to development, being:

(a) an addition to a building or work, or

(b) development ancillary to a land use for the purpose of which development may be carried out without the consent of the Council, or

(c) the erection of a dwelling-house on an allotment of land created for the purpose of a dwelling-house in accordance with this plan.


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18. Dwelling-houses in Zone No 1 (a)

(1) A person must not erect a dwelling-house on vacant land within Zone No 1 (a) unless:

(a) the land comprises:

(i) an original holding that has not been subdivided (unless only under State Environmental Planning Policy No 4—Development Without Consent), or

(ii) the largest part, portion, lot or aggregation of them, remaining from an original holding following the excision of a part, portion or lot from the original holding, or

(iii) (Repealed) (iv) an allotment in a subdivision for the purpose of a dwelling where consent for the subdivision was granted before the appointed day and which has not lapsed, and

(b) the dwelling is not erected within, or within 100 metres of the high water mark of, a water body listed in Schedule 1 and: (i) is not less than 150 metres from the boundary of any adjoining lot which is being

used for an agricultural activity, if that lot is prime crop and pasture land, unless a buffer between the dwelling and the boundary of that lot is provided in accordance with the provisions of Development Control Plan No 4—Part B, Subdivisions, or

(ii) is not less than 50 metres from the boundary of any adjoining lot that is not prime crop and pasture land, unless a buffer is provided between the dwelling and the boundary of that lot in accordance with the provisions of Development Control Plan No 4—Part B, Subdivisions, and

(c) septic effluent disposal from the dwelling is not within 200 metres of the high water mark of a water body listed in Schedule 1, unless geotechnical and hydrogeomorphological reports satisfy the Council that the land can sustain safe disposal within this area.

(2) In this clause, vacant land means land on which no dwelling-house is erected. Comment The 3 clauses within the current Local Environmental Plan 1998, clauses 9, 10 and 18 are satisfied subject to the approval of the SEPP 1 application. To require the dwelling to be setback an additional 7.4m would be onerous in this instance as it would provide no further protection of the adjoining Fish River. As an additional measure a condition of consent will request that the effluent disposal area is relocated outside the 100m water mark to ensure compliance with Australian Standard 1547 and also to minimise any potential perceived impact, however the current location proposed in the geotechnical is satisfactory given the type of system proposed. Soil and sedimentation conditions in accordance with Landcoms the blue book will also be conditioned to ensure the impact upon the Fish River from soil disturbance is minimal.


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Any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority If applicable, is the development consistent with the objectives of the draft instrument? Nil. Any Development Control Plan Is the proposal consistent with the DCP? If not, is a variance warranted and has it been justified? The proposed development is consistent with the Development Control Plan (DCP) 2001. 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? Nil. Any matters prescribed by the regulations that apply to the land Nil. The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The proposed development is consistent with the Oberon DCP 2001 and the objectives of the LEP 1998, it is not envisaged that any of the matters above will be a significant issue for the proposed development. The development is otherwise permissible in the zone and complies with the provisions of Clause 18, apart from Clause 18(3) which is currently the subject of this application. The Suitability of the site for the development The proposed site is the best site on the property to locate the dwelling when considering; the rocky terrain of other areas of the property, the size of the allotment and challenges in achieving 50m setbacks from adjoining class 4 agricultural land to the south and also the 100m setback from the Fish River. The proposed location is also the most appropriate to achieve a safe access point off Mutton Falls Road. Any submissions made in accordance with this Act or the Regulations The application was notified to the adjoining neighbours for a period of 14 days with notification closing on 26 April 2012 and no submissions were received. The public interest Have any genuine Planning issues been raised in by the wider public? Is there genuine irrefutable concerns relating to public health & safety? Other than was has been previously discussed above it is considered that no additional public interest is perceived.


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DISCUSSION AND CONCLUSIONS

The application is permissible in the zone and is consistent with the aims and objectives of that zone. Any perceived impacts can be minimised by onsite techniques in place or through conditions of consent. As such it is considered that the application can be supported in this instance.

ATTACHMENTS

1. Conditions of Development Consent

RECOMMENDATION

THAT Council approve development application 10.2011.67.1 subject to the following conditions attached: (1) Approved Plans

The development is to be carried out in accordance with the approved stamped plans prepared except as otherwise provided by the conditions of this determination (Note:- modifications to the approved plans will require the lodgement and consideration by Council of a modification pursuant to Section 96 of the Environmental Planning and Assessment Act).

Reason:- To confirm and clarify the terms of Council’s approval.

(2) Notice of Commencement

At least two (2) days prior to the commencement of building works, the applicant is required to submit to Council the attached “Notice of Commencement of Building or Subdivision Works and Appointment of Principal Certifying Authority”.

Reason:- To meet the requirements of Section 81A of the Environmental Planning and Assessment Act 1979.

(3) Location of Effluent Disposal Area

Prior to works commencing onsite the plumber shall submit to Council a proposed works as executed plan for external drainage. In this regard the effluent disposal area shall be relocated outside the 100m high water mark shown on the site plan, however Council will consider to leave the effluent disposal area as per the geotechnical report if it can be justified that this request is unreasonable.

Reason:- To minimise any perceived impact is had upon the Fish River & ensure compliance with AS1547.

(4) Sediment Control

• An Erosion and Sediment Control Plan (ESCP) shall be prepared for all works required as part of the development by a person with knowledge and experience in the preparation of such plans and submitted to Council for approval prior to any


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site works commencing. The ESCP shall meet the requirements outlined in Chapter 2 of NSW Landcom’s ‘Soils and Construction: Managing Urban Stormwater’ (2004) manual - the ‘Blue Book’ and be to the satisfaction of Council.

• Effective erosion and sediment controls shall be installed prior to any construction activity, including earthworks for the dwelling and site access. The controls shall prevent sediment or polluted water entering drainage depressions, watercourses or any stormwater drains, and shall be regularly maintained and retained until works have been completed and groundcover established.

Reason:- To prevent the movement of soil and sediment in accordance with the blue book.

(5) Driveway/Access Construction

Driveway and access construction shall be as per the details submitted in Anthony Daintith plan 2012-043D2. In this regard the driveway and access shall be the first element of the development constructed (i.e the road base part of the driveway and new access must be constructed prior to the first inspection on the dwelling or either shed, the access is to be tarred prior to any occupation certificate application). The proposed access in plan 2012-043D2 is the only access point off Mutton Falls Road that shall be utilised for the life of the development including construction.

Reason:- To ensure adequate provision is made for access, in particular emergency vehicles.

(6) Frame and Truss Details Manufacturers specifications for wall and roof framing including; tie down, fixing, lintel and bracing details shall be submitted to Council 7 days prior to the frame inspection. The details shall specify member sizes and spacings, roof pitch, fixing details, wind loading, name and address of manufacturer etc.

Reason:- To ensure roof trusses are suitably designed for the local conditions.

(7) Hours of Work Building works involving the use of electric or pneumatic tools or other noisy operations shall be carried out only between 7.00 am and 8.00 pm on weekdays and between 8.00 am to 8.00 pm Saturdays. No work shall be undertaken on Sundays and Public Holidays.

Reason:- To ensure building works do not cause noise nuisance to surrounding premises after hours and on Sundays and public holidays.

(8) Builders Toilets Prior to the commencement of works, temporary toilet facilities shall be provided on site for the use of builders or tradespersons during the construction works.

Reason:- To ensure adequate standard of amenities are available to workers on site.


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(9) Stormwater disposal That the rainwater drains are connected to water storage tank/s which are located in a position that will not create a nuisance to the building or adjoining properties. The overflow pipe is to be discharged away from buildings and absorption trenches to the satisfaction of Council.

Reason:- To ensure compliance with BASIX and that stormwater is disposed of correctly.

(10) Surface water That seepage and surface waters are collected and diverted clear of the dwelling site by a drainage system to the satisfaction of Council.

Reason:- To prevent surface water damage to the dwelling.

(11) Site Identification A sign is to be erected in a prominent position at the entrance of the work site, stating that unauthorised access is prohibited, and showing the name and contact phone number of the person or company in charge of construction on the site.

Reason:- To identify the site and builder, and prevent unauthorised access.

(12) Copy of Approval On Site A copy of the development consent and approved plans and specifications shall be kept on site at all times.

Reason:- To ensure a copy of the approval is available for builders/tradespersons on site.

(13) Durable Termite Notice A durable notice must be permanently fixed to the building in a prominent location, such as the electricity meter box, indicating method of termite risk management, date of installation of the system, life expectancy of chemical barrier (if used) and installer’s recommendations of frequency of inspections.

Reason:- To comply with Part 3.1.3.2 of the Building Code of Australia and to inform future owners of the building.

(14) Smoke Alarm Certificate A smoke detector is to be installed and certified by a licensed electrician if one currently is not in place. Reason:- To ensure compliance with Part 3.7.2 of the Building Code of Australia.

(15) External colours That external cladding and roofing of the dwelling are of a natural tone, non-reflective condition.

Reason:- To ensure the dwelling blends into the surrounding environment.


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(16) Water Supply The dwelling is to be provided with a minimum 20,000 litre domestic water supply. Additional static water may be required by planning for bushfire protection. Reason:- To ensure compliance with BASIX.

(17) Compliance with Planning for Bushfire Protection, 2006 and Australian

Standard AS3959

The following bush fire protection measures are to be implemented to the dwelling in accordance with Planning for Bushfire Protection;

• Dwelling – Southern and Eastern facade - BAL-29 as detailed in AS3959-2009.

• Dwelling – Northern and Western facade - BAL-19 as detailed in AS3959-2009.

• Brick veneer garage - BAL-19 as detailed in AS3959-2009.

Asset Protection Zone • A 15m Asset Protection Zone, consisting of a 15m Inner Protection Area (IPA),

is to be provided and maintained.

Water and Utilities • The water source shall be made available or located within the inner protection

area (IPA) and away from the structure. • A hardened ground surface for truck access is to be supplied up to and within 4

metres for the water source. • A 65mm metal Storz outlet with a gate or ball valve shall be provided. • In recognition that no reticulated water supply exists, a static 20,000 litre water

supply shall be provided for fire fighting purposes (in addition to the domestic supply required).

• Above ground tanks are manufactured of concrete or metal and raised tanks are to have their stands protected. Plastic tanks shall not be used.

• The gate or ball valve, pipes and tank penetration are adequate for full 50mm inner diameter water flow through the Storz fitting and are metal.

• All associated fittings to the tank shall be noncombustible. • Pumps are to be shielded from the direct impacts of bush fire. • An ‘SWS’ marker shall be obtained from the local NSW Rural Fire Service and

positioned for ease of identification by brigade personnel and other users of the SWS. In this regard:

• Markers must be fixed in a suitable location so as to be highly visible; and • Markers should be positioned adjacent to the most appropriate access for the

static water supply. • Gas cylinders kept close to the building shall have release valves directed

away from the building. Connection to and from gas cylinders are to be metal.


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Polymer sheathed flexible gas supply lines to gas meters adjacent to buildings are not to be used.

Access Property access roads shall comply with section 4.1.3 (2) of ‘Planning for Bush Fire Protection 2006’.

Landscaping Landscaping to the site is to comply with the principles of Appendix 5 of ‘Planning for Bush Fire Protection 2006’.

Design and Construction for BAL 29 parts

New construction shall comply with Australian Standard AS3959-1999 ‘Construction of buildings in bush fire-prone areas’ BAL 29. In this regard

• External doors are to be sealed with draft excluders or weather strips to prevent the entry of embers.

• External wall cladding to be non combustible (brick, hebel panel, fibrous cement etc) and sarked on the outside of the frame.

• All external gaps shall be covered, sealed or overlapped. • Windows and doors to be made from non combustible materials or bushfire

resisting timber. • Windows shall be;

o Completely protected by bushfire shutters, or o Toughened glass with minimum 5mm thick, and

the open able portion screened with aluminium gauze screens (any glass within 400mm of the ground or surface less than 180 must be screened externally with an aluminium gauze screens).

• External doors and door frames must be protected by; o Completely protected by bushfire shutters, or o Completely protected by aluminium gauze screens, or o Doors and door frames shall be;

• Non combustible, or • Solid core door having a minimum thickness of 35mm for the

first 400mm, or • A door including a hollow core door protected aluminium gauze

screens, or • A fully framed glazed door in which framing is made from non

– combustible materials • Toughened glass with minimum 6mm thick • Any glass within 400mm of the ground or surface less than 180

must be screened externally with an aluminium gauze screens. • Must be tight fitting. • Have weather strips and draught excluders.


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• The roof valleys and gutters must be protected by metal mesh with an opening size of not more than 5mm.

• Roofs must be fully sarked with no gaps greater than 3mm. • Veranda, carport and awing roofs and the support structure must be;

Non combustible material, or Bushfire resisting timber, or Timber rafters lined on the underside with fibre cement sheeting 6mm

in thickness • Eaves shall be;

Lined with fibre cement sheeting, minimum 4.5mm thickness, or Bushfire resisting timber, and No gaps greater than 3mm

• All above surface service pipes must be non combustible (not plastic).

Design and Construction for BAL 19 parts

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack.

New construction shall comply with Australian Standard AS3959-2009. In this regard

• External doors are to be sealed with draft excluders or weather strips to prevent the entry of embers.

• External wall cladding to be non combustible (brick, hebel panel, fibrous cement etc) with no gaps greater than 3mm (including weepholes and vents)

• Windows and doors to be made from non combustible materials or bushfire resisting timber.

• Windows shall be; o Protected by bushfire shutters, or o All glass is 5mm toughened glass, or o Annealed glass with all parts of the window externally screened with

steel, bronze or aluminium gauze screens (any glass within 400mm of the ground or other surface must be 5mm toughened glass).

• External doors and door frames (including sliding doors) must be protected by;

o Protected by bushfire shutters, or o Protected by non combustible screens with steel, bronze or aluminium

gauze screens, or o Doors shall be one of the following;

• Non combustible, or • A solid timber door having a minimum thickness of 35mm for

the lowest 400mm of the door, or • Have a non combustible kick plate for the lowest 400mm of the

door, or • All glazing is 5mm toughened glass.


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• If the dwelling contains a garage, the Garage Door must be ember proofed with no gap greater than 3mm.

• The roofs valleys and gutters must be protected by metal mesh with an opening size of not more than 5mm.

• All service pipes above ground must be non combustible (not plastic).

Reason:- To meet the requirements of; section 79BA the Environmental Planning and Assessment Act 1979, the NSW Rural Fire Service Planning for Bushfire Protection Guidelines and the Oberon Development Plan 2001 in relation to the protection of life and property against the threat of bushfire.

(18) PRESCRIBED CONDITIONS OF CONSENT

The following conditions are known as “Prescribed Conditions” and are required by the Environmental Planning and Assessment Regulation 2000 to be imposed as part of any development consent whether or not they are relevant to the development approved under this consent. Please do not hesitate to contact staff in Council’s Development Department who will be happy to advise you as to whether or not the conditions are relevant to your consent.

1. All building work must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate or complying development certificate was made).

Reason:- So that the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulation 2000.

2. In the case of residential building work for which the Home Building Act 1989 requires there to be a contact of insurance in force in accordance with Part 6 of the Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

Reason:- So that the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulation 2000.

3. 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:

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 the Act,


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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.

Reason:- So that the development complies with the requirements imposed under Clause 98B of the Environmental Planning and Assessment Regulation 2000.

4. 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:

showing the name, address and telephone number of the principal certifying authority for the work, and

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

stating that unauthorised entry to the work site is prohibited.

Any such sign is to be maintained while the building work is being carried out and must be removed when the work has been completed.

NOTE: This condition does not apply to building work that is carried out inside an existing building that does not affect the external walls of the building.

Reason:-So that the development complies with the requirements imposed under Clause 98A of the Environmental Planning and Assessment Regulation 2000.

5. Any development that 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 development consent must, at the person’s own expense:

i. protect and support the adjoining premises from possible damage from the

excavation, and

ii. where necessary, underpin the adjoining premises to prevent any such damage.

NOTE: The condition referred to in sub clause (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.

Reason:-So that the development complies with the requirements imposed under Clause 98E of the Environmental Planning and Assessment Regulation 2000.

ordinary meeting tuesday 15 may 2012 5.30pm …...of 70 dart street oberon councillors confirmed...

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