Agenda of Ordinary Meeting

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

Reason For Report	To allow tendering of apologies for Councillors not present.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 655085

Recommendation

THAT any apologies tendered be accepted and the necessary leave of absence be granted.

General Manager's REPORT

A call for apologies is to be made.

ITEM 2 - DECLARATIONS OF INTEREST

REPORT IN BRIEF

Reason For Report	To allow an opportunity for Councillors to declare an interest in any items to be determined at this meeting.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS AND STAFF DECLARATION OF INTEREST - 2015 - 655087

Recommendation

THAT the Declarations of Interest be noted.

General Manager's REPORT

A call for Declarations of Interest.

ITEM 3 - DECLARATIONS FOR POLITICAL DONATIONS

REPORT IN BRIEF

Reason For Report	To allow an opportunity for Councillors to declare any Political Donations received.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 655088

Recommendation

THAT any Political Donations be noted.

General Manager's REPORT

A call for declarations of any Political Donations.

ITEM 4 - MAYORAL MINUTE - APPOINTMENTS

REPORT IN BRIEF

Reason For Report	To allow noting of the Mayoral appointments plus other Councillors' activities Reports.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\MAYORAL MINUTES - 655089

Recommendation

THAT the information contained in the Mayoral Minute be noted.

General Manager's REPORT

A call for the Mayoral appointments and attendances as well as other Councillors’ activities reports to be tabled/read out.

ITEM 5 - COMMITTEE OF THE WHOLE

REPORT IN BRIEF

Reason For Report	Enabling reports to be considered in Committee of the Whole to be called.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g. Code of Meeting Practice adhered to
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 655090

Recommendation

THAT Councillors call any items that they wish to be debated in Committee of the Whole.

Director of Finance and Corporate Services' REPORT

Council’s Code of Meeting Practice allows for the Council to resolve itself into “committee of the whole” to avoid the necessity of limiting the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005.

This item enables councillors to call any item they wish to be debated in “committee of the whole” at the conclusion of normal business.

The debate process during a ‘normal’ Council meeting limits the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005.

Items should only be called at this time if it is expected that discussion beyond the normal debate process is likely to be needed.

ITEM 6 - GROUPING OF REPORT ADOPTION

REPORT IN BRIEF

Reason For Report	Enabling procedural reports to be adopted.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 655091

Recommendation

THAT:

1. Councillors call any items they wish to further consider

2. Items 7 to 11 be moved and seconded.

Director of Finance and Corporate Services' REPORT

Items 7 to 11 are considered to be of a procedural nature and it is proposed that they be moved and seconded as a group. Should any Councillor wish to amend or debate any of these items they should do so at this stage with the remainder of the items being moved and seconded.

ITEM 7 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

Reason For Report	Adoption of the Minutes
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	1. June 23 2015 Council minutes
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2015 - 655092

Recommendation

THAT the minutes of the Ordinary meeting held 23 June 2015 be adopted.

General Manager's REPORT

The following minutes are attached for endorsement.

1. Minutes of the Ordinary Council meeting held on 23 June 2015.

ITEM 8 - SALE OF PROPERTY - LOT 1 DP730639 - 6 GIDLEY ST MOLONG

REPORT IN BRIEF

Reason For Report	To seek approval to affix Seal to transfer / sale documents
Policy Implications	Nil
Budget Implications	Revenue from sale proceeds
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\ACQUISITION AND DISPOSAL\MOLONG - LOT 1 DP730639 - 6 GIDLEY ST - - 655008

Recommendation

THAT Council authorise the affixing of the council’s Seal to the transfer and sale contract documents.

Administration Manager's REPORT

Council previously approved the sale of the above property at its 16 July 2012 meeting which was delayed due to a need to have the land reclassified as ‘operational’.

The property is now ready for sale with an offer received within the authorised price range.

Authority to affix the council’s Seal is required.

ITEM 9 - LOCAL GOVERNMENT REMUNERATION TRIBUNAL

REPORT IN BRIEF

Reason For Report	To advise Council that the Local Government Remuneration Tribunal has handed down its decision in relation to the increase in fees effective from 1 July 2015 and for Council to resolve the fees payable for the ensuing 12 months.
Policy Implications	Council's policy is that Council continue to pay fees to Cabonne Council and the Mayor at the maximum amount
Budget Implications	Nil
IPR Linkage	4.5.1.c. Provide appropriate mechanisms for democracy and participation for Cabonne residents
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCILLORS - 2012-2016\ALLOWANCES and EXPENSES - 663835

Recommendation

THAT from 1 July 2015 the annual fees payable to Councillors be set at $11,010 and the additional annual payable fee to the Mayor be set at $24,030.

Administration Officer's REPORT

The Independent Local Government Remuneration Tribunal sets a minimum and maximum range of fees for Councillors and Mayors across NSW. The Tribunal determined on 26 June 2015 that a 2.5% increase will apply from 1 July 2015.

Cabonne Council is placed in the “Rural” category by the Tribunal, and therefore is able to set annual fees in the following range:

Councillor: Minimum fee $8,330 Maximum fee $11,010

*Mayor: Minimum fee $8,860 Maximum fee $24,030

*This fee must be paid in addition to the fee paid to the Mayor/Chairperson as a Councillor/Member (s.249(2)).

ITEM 10 - ARTS OUTWEST - CABONNE COUNCIL CONTRIBUTION FOR 2015-2016

REPORT IN BRIEF

Reason For Report	To determine Cabonne Councils future financial membership commitment to Arts OutWest.
Policy Implications	Nil
Budget Implications	Yes - annual membership fee
IPR Linkage	2.2.1.a. Promote strategies listed in the Tourism Plan
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\LIAISON\ARTS OUT WEST - 672895

Recommendation

THAT Council authorise the Mayor to sign the Memorandum of Understanding between Cabonne Council and Arts OutWest.

Economic Development Manager's REPORT

Correspondence has been received requesting Council to re-sign a new Memorandum of Understanding between Cabonne Council and Arts OutWest.

Arts OutWest has requested that Council re-sign a Memorandum of Understanding to cover the next period of 2015 – 2018 commencing 1 July 2015 under the same conditions as have been in place for the past 3 year period with a slight change to the annual fees.

Arts OutWest has provided numerous services to operators within Cabonne LGA over the past 5 years. A new three year Strategic Plan for the period 2016-18 is being developed.

Key focus areas of the Arts OutWest Strategic Plan include priority items such as:

a. Arts and Health

b. Aboriginal Arts Development

c. Young People

d. Creative Industries

Their mission is: To promote, facilitate, educate and advocate for arts and cultural development for the communities of the Central West of New South Wales.

Membership and Contribution Levels

Arts OutWest charge 60 cents per head of population, calculated from ABS population figures. The most recent invoice for 2014-15 was based on 2013 population figures of 13,695. This meant a contribution of $8,217 (+ GST) for the 2014-15 financial year.

The amounts over the three years of the MOU will be adjusted each year according to ABS information about population.

The annual contribution to Arts OutWest for 2015-16 is $8,265.60 (+ GST).

ITEM 11 - CUMNOCK AND DISTRICT PROGRESS ASSOCIATION

REPORT IN BRIEF

Reason For Report	Seeking Council authorisation for the Cumnock and District Progress Association to be a S355 committee over newly acquired land.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.3.5.a. Review community need for new and upgraded facilities
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\2015 - SECTION 355 COMMITTEES - 659205

Recommendation

THAT subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself and subject to the requirements of the Local Government Act 1993 and Regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, the Cumnock and District Progress Association be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

· The care, control and management of Lot 61 DP 664553 and Lot 1 DP 323485, 48 Obley Street, Cumnock.

Urban Assets Coordinator's REPORT

Council recently acquired two parcels of land at Cumnock adjacent to the Crossroads Building, which is managed by the Cumnock and District Progress Association Inc. under Section 355 of the Local Government Act.

The two newly acquired parcels of land form one block of land. The details of the land parcels are as follows:

1. Lot 61 DP 664553, 48 Obley Street, Cumnock.

2. Lot 1 DP 323485, 48 Obley Street, Cumnock.

The Cumnock and District Progress Association Inc. wish to be the S355 committee for the two parcels of land listed above as well as for the Crossroads Building.

ITEM 12 - INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FINAL QUARTER REVIEW

REPORT IN BRIEF

Reason For Report	To provide Council with an update on the progress of the 2014/2015 Integrated Planning & Reporting Operational Plan.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	1. Operational Plan Final Quarter Review 2014/2015
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2015 - 673904

Recommendation

THAT, subject to any alterations the Council deems necessary at the July Council meeting, the update of the Operational Plan to 30 June 2015, as presented be adopted.

Director of Finance and Corporate Services' REPORT

The Local Government Act requires Council to consider a quarterly report on the review of its annual Operational Plan.

The purpose of this report is to allow Council to assess its performance against its agreed objectives, actions and strategies.

The final quarter update for the Integrated Planning & Reporting Operational Plan for 2014/2015 is attached which shows the culmination of the actions and strategies undertaken in the preceding quarter.

Of the 169 Delivery Program Actions included in the Operational Plan 153 have been completed, 14 are progressing and 2 did not progress.

ITEM 13 - NSW PUBLIC LIBRARIES ASSOCIATION CONFERENCE 2015

REPORT IN BRIEF

Reason For Report	To advise that early bird registration for the NSW Public Libraries Conference 2015 closes on 19 August 2015.
Policy Implications	Nil
Budget Implications	Councillors' expenses provision
IPR Linkage	3.3.2.b. Participate in decision making processes and initiatives of Central West Libraries (CWL)
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\LIBRARY AND PUBLIC INFORMATION ACCESS\PUBLIC LIBRARIES NSW - 671940

Recommendation

THAT Council authorise delegates to attend the public libraries NSW annual conference and AGM to be held at the Australian Technology Park, Redfern from 17 – 20 November.

Director of Finance and Corporate Services' REPORT

The annual NSW Public Libraries Association (NSWPLA) conference which incorporates the association’s annual general meeting is held in November each year and alternates between Sydney and a regional centre where it is hosted by one of the zones. In 2014 the conference was hosted by Central West Zone and held in Mudgee.

The 2015 conference will be held at the Australian Technology Park, Redfern from 17 – 20 November 2015.

The conference theme is ‘Sustain + ability’ and will explore the many facets of sustainability in libraries including:

· Sustainable or green buildings

· Sustainable programs or services

· Sustainable staffing

· Financial sustainability

These themes will be explored through a range of keynote presentations by international and local speakers.

Registrations for the conference are now open with early bird registrations offering discounts closing on 19 August. Further information is available at http://nswpla.org.au/switch2015/

The NSWPLA annual general meeting will be held on the final day of the conference.

ITEM 14 - PAVEMENT MANAGEMENT SERVICES CONTRACT

REPORT IN BRIEF

Reason For Report	To request additional funding
Policy Implications	Nil
Budget Implications	Additional vote required for contract
IPR Linkage	1.4.1.a. Construction of local roads
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\TENDERING\CONTRACT 561883 - ROAD INFRASTRUCTURE CONDITION ASSEMENT - 673717

Recommendation

THAT Council vote an additional $6,350 excl GST to finalise the contract with Pavement Management Services.

Director of Finance and Corporate Services' REPORT

An invoice was received from Pavement Management Services for the final payment for works in conducting a condition assessment on Council’s sealed road network. The invoice exceeded both the amount of the order and the budget for the works and was forwarded to Director of Finance and Corporate Services for analysis.

The analysis identified that “tenders” were called and closed on 27 August 2014, however it was never reported to Council and the contract was awarded on 9 September (a week before the September meeting).

It would appear that as the initial contract was for $113,079 excl GST that it was assumed by staff that it was below the statutory limit set for tendering and did not require a Council resolution, which would have been the correct procedure had the advertisement stated “quotations” instead of “tenders”.

A revision of the ordered works took place on 11 November 2014 which increased the contract value to $126,350 excl GST which exceeded the budget for the works by $6,350 which was not reported to Council either directly or via a quarterly budget review.

Despite the technical irregularities discovered during the analysis it would appear that the works that have been invoiced have been carried out by the Contractor under the terms of the contract and will require an additional allocation of funds to enable payment.

ITEM 15 - CANOWINDRA SPORTS TRUST UNAUTHORISED WORKS

REPORT IN BRIEF

Reason For Report	To advise Council of a request for payment for works carried out without Council approval or budget.
Policy Implications	Nil
Budget Implications	$22,840 requested to be funded from Canowindra Town Improvement Vote.
IPR Linkage	3.3.3.c. Maintain parks and gardens to safe operational standards
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\MAINTENANCE\CANOWINDRA CYBURN OVAL - 673724

Recommendation

THAT Council determine whether it wishes to agree to the request for payment.

Director of Finance and Corporate Services' REPORT

An invoice was received by council for $22,840 being for 300m² of concreting beneath an existing awning at Tom Clyburn Oval in Canowindra. Initial enquiries were unable to identify a staff member who requested the works and no budget had been allocated to the project.

Further enquiries revealed that the Canowindra Sports Trust had requested that the work be carried out and had authorised the contractor to proceed. The Sports Trust is not authorised to incur expenditure on Council’s behalf.

The Council sets aside $5,000 annually from the Canowindra Town Improvement Fund towards a fund for capital works to be carried out by the Sports Trust and that fund currently has a balance of $13,804. Further funding would need to come from the Town Improvement Fund if Council wished to approve payment.

ITEM 16 - CANOWINDRA RETIREMENT VILLAGE PROJECT

REPORT IN BRIEF

Reason For Report	Request received from Canowindra Retirement Village Project for Council to appoint two representatives from Council to working committee.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.4.1.c. Provide assistance to community groups
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\CANOWINDRA PROPOSED RETIREMENT VILLAGE - CORNER BLATCHFORD and MILL STREETS - 673782

Recommendation

THAT Council appoint a councillor and the Director of Finance and Corporate Services as Council representatives to the Canowindra Retirement Village Project working committee.

Director of Finance and Corporate Services' REPORT

Council have received a request from the Canowindra Retirement Village Project Association to appoint two Council representatives to their working committee.

Stage 1 of the establishment phase is to form a working committee consisting of two representatives from Council, two from Uniting Care and two from the Project Association.

The proposed objective of the working group would be to develop guidelines and operational protocols sufficient to satisfy the legal requirements of the three parties in a formal deed of understanding or like document in order that the infrastructure and building planning may commence.

It is proposed that a councillor and the Director of Finance and Corporate Services be appointed as the Council representatives.

ITEM 17 - CANOWINDRA PRESCHOOL KINDERGARTEN INC. REQUEST FOR FUNDING

REPORT IN BRIEF

Reason For Report	To advise a request for funding for carpark improvements at the preschool.
Policy Implications	Nil
Budget Implications	$7,312 additional funding if approved.
IPR Linkage	4.4.1.c. Provide assistance to community groups
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\2015 - SECTION 355 COMMITTEES - 673819

Recommendation

THAT Council determine whether they wish to fund the cost of footpath and kerb and guttering alterations at the Canowindra Preschool from the Canowindra Town Improvement Fund.

Director of Finance and Corporate Services' REPORT

Councillor Durkin has forwarded a request from the Canowindra Preschool Kindergarten Inc. for alterations to the footpath and kerb and guttering at the preschool carpark to enable vehicles entering and leaving the carpark to do so in a forward direction.

The preschool are requesting the changes for safety reasons as the present carpark configuration requires vehicles to reverse into the gate of the preschool with poor visibility of pedestrians.

The preschool is a Section 355 Committee of Council as the premises are Council owned. Councillor Durkin has requested that Council consider funding the changes from the Canowindra Town Improvement Fund.

ITEM 18 - REQUESTS FOR DONATIONS

REPORT IN BRIEF

Reason For Report	Cudal Campdraft Committee have requested Council sponsorship for their annual campdraft.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.4.1.c. Provide assistance to community groups
Annexures	1. Cudal Campdraft Assoc - Request for Sponsorship 2015
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2015 - 672817

Recommendation

THAT Council donate $300 to the Cudal Campdraft Association.

Community Services Manager's REPORT

Cudal Campdraft Committee is seeking a donation towards their campdraft to be held at the Cudal Showground on the 3, 4 and 5 October 2015.

The Cudal Campdraft has been running annually since the 1960s and has grown to a three day event that attracts people from throughout the Central West.

The Committee seeks $300 towards the costs of providing prizes and sashes for winning competitors and will acknowledge Council in its program and publicity.

The campdraft is a community event that draws many people to the district and is considered worthy of Council’s support.

There is no expenditure from the donations budget of $7,168 so far this financial year.

ITEM 19 - CABONNE BLAYNEY FAMILY DAY CARE POLICY UPDATE

REPORT IN BRIEF

Reason For Report	To notify Council of changes to the Family Day Care Policy Manual
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.1.1.b. Implement the Family Day Care program
Annexures	1. Family Day Care Policies and Procedures July 2015
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\FAMILY DAY CARE - FAMILIES AND CARERS - 673928

Recommendation

THAT Council adopt the changes to the Family Day Care Policy Manual in accordance with relevant child care law; legislation and key resources.

Family Daycare Coordinator's REPORT

Family Day Care policies and procedures have been reviewed and updated after wide consultation with staff, educators and families of the Service.

New policies have been developed to adhere to the Education and Care Services National Law and Regulations (2011), National Quality Standards (2011) and early childhood education and care key resources.

The new policies are accordingly listed:

· Immunisation

· Medical conditions including asthma, anaphylaxis and diabetes

· Infant sleeping and the reduction of SIDS

· Accident, injury, trauma and illness

· Administration of first aid

· Transport and road safety.

· Delivery and collection of children from the service.

· Work health and safety

· Manual handling

· Fencing procedure

· Fire equipment procedure

· Closing and opening an existing family day care service

· Advertising

· Professional development

· Registration of family day care assistants

· Participation of volunteers and students

· Role of educator’s families and other household members

· Partnerships with families

· Visitor’s register

· Governance and management of the service

· Customer service and satisfaction

Existing policies have also been reviewed to incorporate up to date information from early childhood resources and information from government agencies including the Department of Social Services; the Department of Education and Communities and the Department of Community Services.

These policies include:

· Pets and other animals

· Child protection

· Educational program and practice

· Excursions

· Fees

· Hygiene

· Record management

· Supervision: The supervision policy has been extended to prohibit educators from operating other businesses including provision of foster care whilst providing family day care.

Each new and existing policy and procedure is now linked to the National Quality Standard for early childhood education and care and the relevant expected outcome.

ITEM 20 - FOUR TOWNS SEWER SCHEME

REPORT IN BRIEF

Reason For Report	Progress of the Four Town Sewer Scheme
Policy Implications	Nil
Budget Implications	Unbudgeted expenses incurred by Environmental Services
IPR Linkage	5.3.4.a. Undertake small towns sewer scheme project purchases
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\DESIGN AND CONSTRUCTION\FOUR TOWNS SEWERAGE SCHEME - 672887

Recommendation

THAT the application and inspection fees for the grey water connections by the Environmental Services Department under the Four Town Sewer Scheme be waived.

Acting Director of Engineering & Technical Services' REPORT

The Four Town Sewer Scheme property connections under the contract require a black water connection to each property and grey water connection up to a distance of five metres.

Grey water connections outside the 5 metre distance are still required to be connected but this work becomes a private contract between the property owner and Council approved contractor.

The Council contract for Yeoval and Cumnock connections was due for completion by mid April but it recently became apparent that at the current rate of progress the work would not be completed until some time in 2016.

The reason for this was that the contractor’s rate of progress was slowed by carrying out works outside the contract for property owners at the same time as the contract works.

Council served notice on the contractor to complete the contract works and granted an extension of time to 31 August 2015 for completion.

This effectively meant that it would be necessary for a contractor to return at a later time to carry out grey water connections outside of the scope of the contract.

An unintended consequence of Councils show cause notice on the contractor is that grey water connections outside of the contract could incur an additional Council inspection fee for compliance.

The plumbing and drainage works would usually attract a section 68 application fee, and an inspection fee. Usually 2 inspections are required. The fee for lodgement of a standalone s68 application is $87.20. The inspection fee is $93.70 per inspection. The number of properties that could incur the reinspection fee is 49 in Yeoval and 54 in Cumnock.

The black water connections in Yeoval have now been completed and at the current rate of progress the remaining connections in Cumnock will be completed by the 31 August 2015 deadline.

ITEM 21 - EURIMBLA ROAD BRIDGE, CUMNOCK

REPORT IN BRIEF

Reason For Report	Eurimbla Road Bridge, Cumnock requires a side track.
Policy Implications	Nil
Budget Implications	$63,000 from $3M Infrastructure Backlog
IPR Linkage	1.1.4.c. Local road bridge construction undertaken
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\DESIGN AND CONSTRUCTION - BRIDGES\EURIMBLA ROAD BRIDGE CUMNOCK - 672871

Recommendation

THAT Council approve the expenditure of $63,000 from the $3M Infrastructure Backlog for the construction of a side track adjacent the Eurimbla Road Bridge.

Acting Director of Engineering & Technical Services' REPORT

A recent routine inspection of the Eurimbla Road Bridge 1km from Cumnock has identified considerable sub structure failure necessitating the imposition of a 4 tonne weight restriction and the construction of a low level side track for heavy vehicles.

The bridge is a single lane structure built in 1928 and apart from the sub structure failure is showing considerable signs of fatigue due to years of heavy loads.

Although the original plans are not available it is unlikely that the bridge was designed for current loadings.

The initial assessment suggests that the bridge should be replaced rather than repaired and this will be confirmed after a more detailed assessment.

An application for 50% funding for the bridge replacement will be made under the Australian Government Bridge Renewal Programme and if successful the remaining 50% could be funded from the $3M Infrastructure Backlog allocation for 2016/17. A preliminary estimate for the bridge construction is $700,000.

ITEM 22 - MOLONG SEWAGE TREATMENT PLANT OPTIONS REPORT

REPORT IN BRIEF

Reason For Report	Request for Council to approve additional funds from the Cabonne Sewer Fund and to engage Hydroscience Consulting to conduct the options study.
Policy Implications	Nil
Budget Implications	The options report for the Molong Sewage Treatment Plant will require an additional $21,000 above the amount orignally budgeted for the work.
IPR Linkage	5.3.3.b. Maintain Cabonne sewer infrastructure assets
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\DESIGN AND CONSTRUCTION\MOLONG STP - 672705

Recommendation

THAT Council:

1. Approve $21,000 from the Cabonne Sewer Fund required to complete the options report; and

2. Engage Hydroscience Consulting to complete an options report for the Molong STP.

Operations Manager - Water and Waste's REPORT

Background

The Molong Sewage Treatment Plant (STP) operates a pasveer channel as primary treatment for Molong’s municipal waste water. The treatment process relies on mechanical aeration utilising there mechanical mixers. The mechanical mixers have been operating since the plant was constructed in the 1970s. Council’s asset management plan identified these assets for renewal in the 2016/2017 financial year.

Council staff are investigating options for replacement of the mechanical mixers and will consider other energy efficient technologies that could be used for primary waste water treatment. To this end, the options report for the Molong STP was advertised on Local Government Procurement Vendor Panel. A brief description of the scope of works is as follows:

1. Part 1: Options report for the replacement of the mechanical mixers at the Molong Sewage Treatment Plant. This should include cost estimates of various options (Capex and Opex), advantages and disadvantages. Where possible, advantages and disadvantages should be quantified to facilitate a cost benefit analysis.

2. Part 2: Development of preferred option based on options report in Part 1. This should include design, specifications and drawings that are sufficient for tendering purposes.

The following organisations were invited to submit their proposals. These organisations were selected based on their experience in the field of waste water treatment.

1. Geolyse Pty Limited

2. GHD Pty Ltd

3. Hydroscience Consulting

4. MWH Australia Pty Ltd

5. Water Group Pty Ltd

The quotations closed on 1 Jul 2015 whereby one proposal was received from Hydroscience Consulting. Council engineering staff reviewed the proposal and are satisfied with the proposed methodology and demonstrated experience in this area.

The cost of the options report is $41,000 (Exc GST). The amount budgeted for the study is $20,000 (Exc GST) and there is a shortfall of $21,000. The additional cost will cover the preparation of specification and detailed deign drawings required for a construction tender process.

ITEM 23 - REQUEST FOR APPLICATION OF COUNCIL SEAL FOR VARIATION OF RESTRICTION ON USE OF LAND - LOT 20 DP 1131133 SPRING HILL ROAD, SPRING HILL

REPORT IN BRIEF

Reason For Report	To seek coundil's authorisaion for affixing it's seal to a legal document
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2008\03-2008-0053 - 671682

Recommendation

THAT Council’s seal be affixed to the section 88 Conveyancing Act variation document, to amend the building envelope applying to Lot 20 DP 1131133, being 111 Spring Hill Road, Spring Hill.

Director of Environmental Services' REPORT

Council has received a request from Sandra Kelly Conveyancing to authorise a variation to a s88 restriction applying to a 4ha lifestyle lot located at 111 Spring Hill Road, Spring Hill. It is proposed to amend the approved building envelope to enlarge that area. There are no planning objections to the proposal. Boundary setbacks are maintained. Previous soil testing of the nominated envelope has identified the site’s suitability for future development.

ITEM 24 - MODIFICATION OF DEVELOPMENT CONSENT 2014/128 - DEPOT STORAGE SHED AMENDED DEVELOPMENT FOR USE AS MANILDRA MENS SHED - LOT 2 SECTION 37 DP 758643, 24 KIEWA STREET, MANILDRA

REPORT IN BRIEF

Reason For Report	To seek council approval to vary its building set back policy to permit a nil frontage setback in this instance, and to approve the modification to the development consent.
Policy Implications	Variation to policy sought
Budget Implications	Nil
IPR Linkage	4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels
Annexures	1. 2014 128 -Draft Conditions of Consent
File Number	\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0128 - 672173

Recommendation

THAT council:

1. Approve the Modification of Development Application 2014/128 to permit a community facility (men’s shed) upon Lot 2 Section 37 DP 758643 being land known as 24 Kiewa Street, Manildra subject to the modified conditions attached,

2. Amend condition 4 of the development consent to reflect the use of the proposed building as a community facility (Men’s Shed),

3. Delete Condition 5,

4. Support a variation to the standard village front boundary setback policy from 8m to a zero setback in this instance, to permit construction of the proposed community facility to the northern boundary,

5. Amend condition 11 to incorporate current regulations controlling site construction work hours,

6. Advise the Manildra Men’s Shed group that the proposed building must comply with the Building Code of Australia, and

7. Council donates an amount of $506.25 to the Manildra Men’s Shed Inc., being a sum equal to the fees paid by the group to lodge the Development Application and Construction Certificate application.

Director of Environmental Services' REPORT

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee. A division under s375A of the Act is required when determining this planning application.

Political Disclosures

In accordance with s147(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of the application and concluding when the application is determined.

In accordance with s147(5) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

Political donations and gifts (if any) to be disclosed include:

· All reportable political donations made to any local councillor or Council,

· All gifts made to any local councillor or employee of the Council.

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

SUMMARY

The following report provides an assessment of the modification application of development consent DA2014/128, submitted for construction of a new single storey colorbond structure with approximate dimensions 9.0m x 18.0m x 3.6 upon land described as Lot 2 Section 37 DP 758643, 24 Kiewa Street, Manildra. The structure was initially approved for a council depot storage shed. It is proposed that the structure be used instead by members of the Manildra community for the purpose of a ‘Men’s Shed’.

Applicant: Cabonne Council

Owner: Land & Property Management Authority - Crown Land (owners consent provided)

Proposal: Community facility (Men’s Shed)

Location: Lot 2 Section 37 DP 758643, 24 Kiewa Street, Manildra

Zone: RU5 Village

Background

The subject land (and the adjacent allotment) is Crown land held as a perpetual lease by Cabonne Council for the purposes of a depot. Located upon the site is a depot building used by the council, as well as depot facilities housing the Manildra Rural Fire Service and First Responders.

In November 2010 Council’s Director of Engineering and Technical Services wrote to Land & Property Management Crown Lands indicating growing interest from community members across the shire in establishing Men’s’ Sheds. The Crown’s advice was sought as to whether such a facility could be erected adjacent to the Rural Fire Shed in Kiewa Street, Manildra. It would appear that no reply was forthcoming and subsequently the council later re-instigated the enquiry with the Crown.

Development consent was issued on 2 November 2011 under the General Manager’s delegation of authority for construction at the rear of the subject land of a depot storage shed. The colorbond structure had an estimated construction value of $15,000 with building dimensions of 10m x 8m x 3.1m. The issued approval remains valid until 2 November 2016. A construction certificate has not been applied for to date.

Development consent was issued on 7 April 2014 under the General Manager’s delegated authority for construction of a colorbond depot storage shed to be sited to the east of the existing fire depot building, Kiewa Street, Manildra. The 9m x 18m x 4.5m shed was larger than the previously proposed depot storage shed and relocated from the rear to the front of the site.

A construction certificate was issued on 24 July 2014, and a s68 approval for installation of an on-site sewage management system was issued on 7 April 2014.

The proposal is now to construct the building as approved by the 2014 development application, however for the use to be as a community facility (Men’s shed) rather than a council depot. To facilitate the change in land use a process has had to be followed to seek a variation to the crown lease to enable an additional use of the site. The amendment to the lease was published in the NSW Government Gazette on 5 June 2015.

THE PROPOSAL

It is proposed to modify the development consent for Development Application 2014/128 to:

· Change the use of the structure from a depot storage shed to a community facility (Men’s shed)

· Amend Condition 4 of the development consent - this condition currently restricts the use of the site and its building classification solely to use as a council depot for use as storage purposes

· Seek variation to council’s building setback policy – seeking approval to site the building to the Kiewa Street boundary rather than the standard 8m setback

· Delete from the approved building plan the single toilet facility – instead relying on access to facilities contained within the adjacent fire shed depot building.

The structure will consist of a steel frame and be constructed of colorbond materials. It will have dimensions of approximately 9m x 18m x 4.5m, as provided in the 2014 application.

Access to the site will be via a sealed access off a Crown road (as indicated in the initial application).

Site Map

The site is identified as Crown Land and noted on the title is a perpetual lease to Cabonne Council for the use of the land as a depot. The lease / reserve purpose has been amended by the Crown to permit an additional use of the allotment as a community facility (Men’s Shed).

The predominant use of the site is currently depot use. The community facility is a permissible land use within the terms of the Cabonne Local Environmental Plan, however the terms of the Crown lease must also be considered.

The site is located within the village area of Manildra and is surrounded by the Bowling Club, residential dwellings and the railway line to the south.

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MATTERS FOR CONSIDERATION

In accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal environmental impact and is substantially the same development for which consent was granted.

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

Clause 1.2 Aims of the Plan

The broad aims of the LEP are as follows:

‘a) to encourage development that complements and enhances the unique character and amenity of Cabonne, including its settlements, localities, and rural areas,

(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Cabonne in a manner that allows present and future generations to meet their needs by implementing the principles of ecologically sustainable development,

(i) contributes to continued economic productivity, including agriculture, business, tourism, industry and other employment opportunities,

(ii) allows for the orderly growth of land uses while minimising conflict between land uses within the relevant zone and land uses within adjoining zones,

(iii) encourages a range of housing choices and densities in planned urban and rural locations that is compatible with the residential and rural environment and meets the diverse needs of the community,

(iv) promotes the integration of land uses and transport to improve access and reduce dependence on private vehicles and travel demand,

(v) protects, enhances and conserves agricultural land and the contributions that agriculture makes to the regional economy,

(vi) avoids or minimises adverse impacts on drinking water catchments to protect and enhance water availability and safety for human consumption,

(vii) protects and enhances places and buildings of environmental, archaeological, cultural or heritage significance, including Aboriginal relics and places,

(viii) protects and enhances environmentally sensitive areas, ecological systems, and areas that have the potential to contribute to improved environmental, scenic or landscape outcomes.

Clause 1.9A Suspension of covenants, agreements and instruments

This clause provided that covenants, agreements or other similar instruments that restrict the carrying out of development upon the subject land do not apply unless such are:

· Covenants imposed or required by council

· Prescribed instruments under s183A of Crown Lands Act 1989

· Any conservation agreement under National Parks and Wildlife Act 1974

· Any trust agreement under the Nature Conservation Trust Act 2003

· Any property vegetation plan under the Native Vegetation Act 2003

· Any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995

· Any planning agreement made under Division 6 of Part 4 of the Environmental Planning & Assessment Act 1979

Mapping

The subject site is identified on the LEP maps in the following manner:

Land zoning map	Land zoned RU5 Village
Lot size map	Minimum lot size 900m2
Heritage map	Not a heritage item or conservation area
Terrestrial Biodiversity Map	No biodiversity sensitivity on the subject land
Flood planning map	Not within a flood zone
Natural resource – karst map	No within a karst area
Drinking water catchment map	Not within a drinking water catchment area
Riparian land and watercourse map, groundwater vulnerability map	Not affected by riparian, watercourse or groundwater vulnerability
Land reservation acquisition map

These matters are addressed in the report following.

Cabonne Local Environmental Plan 2012

The subject land is zoned RU5 Village by the Cabonne Local Environmental Plan 2012. A community facility (Men’s shed) is permissible within this zone, subject to Council’s development consent.

Objectives of the RU5 Village zone

The proposal is not contrary to the aims of the LEP or the objectives of the RU5 zone. The development relates to and is consistent with the zone objectives which seek to

· To provide for a range of land uses, services and facilities that are associated with a rural village.

· To encourage and provide opportunities for development and local employment growth.

· To ensure that development is compatible with surrounding land uses.

REGIONAL ENVIRONMENTAL PLANS

There are no Regional Environmental Plans that apply to the subject land.

STATE ENVIRONMENTAL PLANNING POLICIES

No State Environmental Planning Policies apply to the land.

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

There are no draft environmental plans that relate to the subject land or proposed development.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

No Development Control Plans apply to this land.

PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv)

The proposal does not contravene the relevant provisions of the regulations.

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

Context and Setting

The modified proposal is considered to be compatible with the existing use of the site (depot) and the surrounding locality (village).

Setbacks

The modified proposal seeks to locate the building on the boundary with the Kiewa Street road reserve. Council’s building setback policy for village and residential areas requires a minim setback of 8m from the front boundary.

The adjacent fire shed is built to the front boundary. Dwellings to the west of the site have various front backs ranging between 7m and 9m. The Men’s shed building is proposed to be in line with the existing Rural Fire Service shed.

An assessment of the previously submitted plans and council’s maps indicates the property boundary runs to the immediate north of the existing fire shed building, and that previous site plans for the additional depot building (now to be used as a Men’s shed) incorporated into the site calculations the area of road reserved situated between the Kiewa Street road pavement and the property boundary. Therefore the proposed structure as approved had an approximate setback of 1m from the front boundary. The current request seeks a nil setback from the front boundary.

The northern elevation of the structure will be colorbond of unspecified colour, having a maximum building height of 4.5m, and contain a 3.1m wide x 3.1m roller door.

The building may be constructed to the boundary line, subject to council approval. In doing so, the only opportunity to soften the bulk and scale of the structure will be by way of the street trees within the road reserve.

Two deciduous street trees are located along the boundary of Lot 2. The plans indicate a roller door in the northern building elevation, facing the street, and it is understood that no request has been made for provision of a driveway / vehicular access. The roller door is to be used for ventilation purposes to the building.

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Visual amenity

The nature of the modified proposal will have minimal impact within the existing site. The building will have some potential for visual impact upon residential land to the north. No setback has been provided to enable landscaping on site. No details are provided relating the exterior colour scheme of the building.

The proposal however is considered to be substantially the same as that initially approved, and that no further visual impact will result, beyond the scale already approved.

Access and traffic

Access to the site is to be via a crown road that is sealed and has been included as part of the car parking area for the adjacent bowling club. A new access point will be constructed to service the proposed development. Any other pre-existing access point currently servicing the subject land will be required to be deleted or decommissioned.

The proposed modified building will have two (2) openings. The opening at the front of the building fronting Kiewa Street will not be accessed by vehicles and will be used primarily as a ventilation point for the building, and for the removal of small equipment. Vehicular access to the building will be via the crown road to the east, with pedestrian access to the building primarily gained from the building’s western elevation access door.

Assessment by council’s Development Engineer indicates that there is sufficient space within the site to enable adequate safe vehicle maneuvering. The rural fire depot building is accessed off Kiewa Street, while council’s existing depot storage building located at the rear of the site will be accessed from the new driveway to the east of the site.

Traffic generation for each of the component uses of the site is considered to be minimal.

Provision of facilities and amenities

The Manildra Men’s Shed Inc. have requested that the proposed toilet facility be deleted from the plan and that as an alternative toilet facilities be accessed at the adjacent fire depot building.

Building Code of Australia provisions require facilities to service the building (based on the building classification) and to be accessible to disabled persons.

An inspection was made of the facilities provided in the adjacent fire services shed. It was noted that the building is located on another allotment and has no functional relationship to the proposed Men’s Shed. The facilities within the building are not compliant for disabled access and are not considered adequate to service the new building.

The existing approved plan incorporated a single toilet facility. It is suggested that to comply with the Building Code of Australia that the toilet be retained as a component of the new structure.

Plan of Management

There is no Plan of Management for the site; however the proposed modified development will not significantly alter the current use of the site which is current used as the Manildra Depot for council, local fire brigade and the first responders community group.

Review of conditions of development consent

Condition 4 of the consent DA 2014/128 reads as follows:

‘4. CHANGE OF USE

Objective

To ensure use is in accordance with building classification.

Performance

The approved use of the shed is for storage purposes only and must relate to the use of the site as a Council Depot only. No change in the use of the building is permitted without council’s prior approval.’

It is suggested that condition 4 be amended by deleting the first sentence of the Performance provision.

‘5. SETBACK – VILLAGE

Objective

To comply with the building set-back provisions of council.

Performance

The proposed shed is to have a set-back of at least 8 m from Kiewa Street frontage of Lot 2 Section 37 DP 758643.’

It is suggested this condition be deleted.

’11. NOISE

Objective

To limit the impact of noise on adjoining properties.

Performance

Building work may only be carried out on the site between the following hours:

7.00am and 7.00pm Mondays to Friday

7.00am and 5pm Saturdays

8.00am and 5.00pm Sundays and Public Holidays

*This includes site works and delivery of material.’

This condition should be amended to reflect the current State regulations for construction work and noise generation. The industry and regulatory recognized hours for building construction are:

7.00am to 6.00pm Monday to Friday

8.00am to 1pm Saturday

No construction or site work on Sunday or Public Holidays.

THE SUITABILITY OF THE SITE s79C(1)(c)

Physical Attributes and Hazards

There are no known technological or natural hazards that would affect the proposed development.

DEVELOPMENT CONTRIBUTIONS

No contributions apply to the development.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

The proposed development is not identified as advertised development, nor was the proposal required to be neighbour notified.

PUBLIC INTEREST s79C(1)(e)

The proposed modified development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts.

Request for donation to reimburse fees paid

Correspondence from the Secretary / Treasurer of the Manildra Men’s Shed Inc. group requests council reimburse the group in full for DA fees paid being $506.25. Council has generally supported such requests from non for profit community groups where activities relate to council owned or controlled land.

Council is requested to consider supporting the request by the Manildra Men’s Shed.

CONCLUSION

The proposed modified development for construction of a colorbond building to be utilized as a community facility (Men’s shed) is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP. A section 79C assessment of the development indicates that the development is acceptable in this instance.

The request to vary the minimum front boundary setback to enable a nil setback may be supported by council, based on the existing alignment of the adjoining buildings (rural fire service depot). Adjustments to the notice of approval, as outlined in the report above, have been proposed to reflect the change in the proposed land use.

Attached is a draft modified Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

ITEM 25 - MODIFICATION OF DEVELOPMENT CONSENT DA 214/114 - LOT 775 DP 813587, 1654 THE ESCORT WAY, BORENORE

REPORT IN BRIEF

Reason For Report	To seek council approval to modify the development consent DA 2014/114
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels
Annexures	1. DRAFT MODIFIED CONDITIONS OF CONSENT DA 2014 114 1
File Number	\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0114 - 673333

Recommendation

THAT Modification of Development Application 2014/114/1 for an extractive industry upon land described as Lot 775 DP 813587 and known as Bald Hill Quarry, 1654 The Escort Way, Borenore, be granted consent subject to the modified conditions attached.

Director of Environmental Services' REPORT

ADVISORY NOTES

Record of voting

Political Disclosures

Political donations and gifts (if any) to be disclosed include:

· All reportable political donations made to any local councillor or Council,

· All gifts made to any local councillor or employee of the Council.

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

SUMMARY

The following report provides an assessment of the modification application 2014/114/1 for an extractive industry on Lot 775 DP 813587, 1654 The Escort Way, Borenore, being land known as Bald Hill Quarry.

It is recommended that the modification application be approved subject to the attached modified conditions of consent.

Applicant: Anthony Daintith Town Planning

Owner: MA & SL Hammond

Proposal: Modification of consent for extractive industry

Location: Lot 775 DP 813587, 1654 The Escort Way, Borenore

Zone: RU1 Primary Production

BACKGROUND

Quarry activity has been established upon the subject land for over 70 years. State government legislation introduced in the 1990s required mines and quarries to obtain development consent under the Environmental Planning & Assessment Act. A State Environmental Planning Policy was introduced in 2007 to guide planning assessment of mining, petroleum production and extractive industries.

A Development Application was approved by Cabonne Council on 7 March 1994 vide DA 93/183 for establishment of a commercial gravel quarry upon the subject land. Extraction of up to 15,000 cubic metres of gravel per annum was permitted under the approval. Approval permitted the extraction of gravel from the quarry pit, processing on-site of material, storage of material on site, and transport of processed aggregate off site. The approval also incorporated requirements for site sediment/erosion control, site rehabilitation and environmental management.

The quarry occupies an area of approximately 1km² of the overall 96ha rural holding. A dwelling is located on the southern side of the property. Access to the farm, the residence and the quarry is gained from a shared access off The Escort Way.

Council’s delegated approval was granted to DA 2014/114 on 17 March 2014, to increase the quarry production from 15,000 cubic metres per annum to 30,000 cubic metres (approx. 60,000 tonnes) per annum. The increase in production did not require expansion of the quarry footprint, its processing operation, its ancillary infrastructure or its environmental management.

Under part 4 of the Environmental Planning & Assessment Act extractive industries may require development consent. Schedule 3 of the regulations applies and establishes criteria for determination of development deemed likely to have environmental impact. Such development is described as designated development. Clauses 35 & 36 of Schedule 3 of the regulations permit development assessment of certain activities without requiring an Environmental Impact Study (a requirement of designated development), when the proposed development does not significantly increase the environmental impacts of the total development (that is the existing development together with the additions or alterations). As the proposal remained within the footprint of the approved existing quarry, and no other physical changes were required to facilitate the increased extraction, the council was satisfied that the development could be assessed by merit based consideration of a Statement of Environmental Effects.

An Environmental Protection Licence (EPL) was issued in October 2014 by the NSW Environment Protection Authority (EPA) to regulate the various component activities of the approved extractive industry.

The proponent has since commenced operation under the 2014 approvals and has been working with council, EPA and RMS to address the required conditions of development consent and the EPL conditions.

THE PROPOSAL

The applicant seeks to modify the 2014 development consent for an extractive industry (gravel quarry) on Lot 775 DP 813587 to:

· Realign a section of the internal access / haul road

· Construct a new intersection of the proposed realigned haul road and The Escort Way

· Provide for maximum vehicle movement to / from the site rather than a daily average figure of truck movements

· As a result of a neighbourhood complaint, review hours of operation of the quarry to reflect levels of site use by light traffic, trucks, service vehicles, farm and domestic vehicles

The 2014 development consent incorporated, as integrated development, the requirements of Roads & Maritime Services for upgrading of the existing intersection of the access road and The Escort Way.

To improve the access arrangements the proponent proposes to realign approximately 300m of the internal service road, moving it from immediately adjacent to the boundary with an adjoining allotment, and following a slight rise to an open and level area of land intersecting at that point with main road (The Escort Way).

To this effect a separate Development Application was lodged with council in March 2015. Around the same time, and also subsequent to the neighbourhood notification of the development application, council was in receipt of a series of complaints from a neighbouring land owner relating to quarry traffic and associated quarry activity. Subsequent to ongoing discussion with the land owner and others, the proponent has sought to withdraw the 2015 DA in preference of submitting a modification application to the existing 2014 approval, and in doing so to address the key issues that were recently raised by the neighbouring land owner (ie dust, traffic and compliance issues).

Site Map

Site map

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Aerial view of quarry

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Land uses

Proposed modification to internal road

The extractive industry (quarry) is located at the northern end of the subject property. The remainder of the holding is utilized as a grazing enterprise.

The quarry operation involves the extraction of a shale rock from the hillside quarry site. Gravel is fractured and removed by a front end loader, while deeper, less fractured areas may require ripping by excavator or dozer. The material is further processed onsite via a crushing and screening plant to create different sized gravel depending on its proposed use. On-site processing also includes crushing and blending of small quantities of demolition material (ie bricks and concrete) to decrease product plasticity. This process requires material to be transported to the site for storage and processing. The blended material accounts for 3 to 5% of the finished product.

Processed aggregate is stock piled onsite, for sale or use off-site. It is transported off-site using a standard truck and dog, carrying 16 cubic metres.

The quarry foot print and associated sediment ponds, bund walls and perimeter landscaping vegetative utilizes approximately 1 square km of the 96ha holding. Ancillary infrastructure to the predominant quarry use includes the internal haul road.

MATTERS FOR CONSIDERATION

Section 96(2) of the Environmental Planning and Assessment Act 1979 applies to modification applications where some environmental impact may occur. Council may consider an application under s96(2) of the Act if it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted.

A comparison of the approved development plans and the proposed modified plans indicate the only change will be the realignment of some 300m of internal access road and construction of a new intersection. There is no proposed change to the foot print of the quarry pit, production, storage or sediment pond areas. A comparison of the statement of effects indicates no proposed increase to extraction rates and no changes to processing plant or quarry work hours. The modification does address operational matters relating to the quarry, in particular the transport off-site of a maximum 30,000 cubic metres of processed material per year.

The quarry operation, by comparison between the existing approval and the proposed modification support that the quarry development is substantially the same and that council may consider the modification application under s96(2) of the Act.

In accordance with s96(2)(b) and (c) of the Act the application was referred to the relevant state agencies for comment, and neighbourhood notified.

Pursuant to s79(1)(b) of the Act, the likely impact of the modified development has been considered in the report following.