THE COUNCIL OF THE SHIRE OF COOLAMON · Michelle Roberts. Recommendation That Council award the...

MINUTES OF THE ORDINARY MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD IN THE COUNCIL CHAMBERS, COOLAMON ON THE 18TH AUGUST, 2016.

This is Page No. 1 of the Minutes of the Ordinary Meeting of the Council of the Shire of Coolamon held in the Council Chambers, Coolamon on the 18th August, 2016. .......................................................……...... MAYOR .................................................GENERAL MANAGER.

Meeting commenced at 2.00pm. BUSINESS: 1) Apologies 2) a. Confirmation of Minutes b. Matters arising out of Minutes. (Not elsewhere reported) 3) Correspondence a. Agenda A (Information Only) b. Agenda B 4) General Manager’s Report 4.1 General Manager’s Report 4.2 Executive Manager, Corporate & Community Services’ Report 4.3 Executive Manager, Engineering & Environmental Services’ Report 4.4 Acting Manager, Environmental & Health Services’ Report 5) Recommendations of a Committee of a Whole Meeting held 18th August, 2016. 6) Reports: Delegates/Mayor/Councillors PRESENT: Clrs Seymour, McCann, Maslin, White, Brill, Logan, Huxtable and Beard. STAFF: General Manager; Executive Manager, Corporate & Community

Services; Executive Manager, Engineering & Technical Services; Acting Manager, Planning & Environmental Services and Finance Manager.

APOLOGY: Clr Hutcheon.

1) APOLOGY RESOLVED on the motion of Clr McCann and seconded by Clr White that the apology of Clr Hutcheon be accepted. 162/08/2016



2a) CONFIRMATION OF MINUTES OF THE MEETING HELD 21ST JULY, 2016. RESOLVED on the motion of Clr Huxtable and seconded by Clr Maslin that the Minutes of the Meeting held 21st July, 2016 as circulated be confirmed and adopted. 163/08/2016

2b) MATTERS ARISING OUT OF THE MINUTES There were no matters arising out of the Minutes.

3) CORRESPONDENCE

AGENDA A (FOR INFORMATION ONLY)

1a) INFORMATION PAPERS

The following papers have been distributed with Council’s supplementary material as being matters of information interest to Councillors. If Councillors desire any further information on the matters distributed then that can be raised with the General Manager. Attachment No. 1 1) Local Government NSW Weekly Circulars 28, 29, 30 and 31 2) Minutes of the Advance Ganmain Committee Meeting held 3rd August,

2016. 3) Advancing Cootamundra July 2016 Newsletter from Katrina Hodgkinson

MP. 2a) ACTIVITY REPORTS 1) Operating Statistics of the Coolamon Shire Library for July 2016. 2) Youth & Community Development Officer’s Report for July 2016. 3) Allawah Community Care Co-Ordinator’s Monthly Report for July 2016. General Manager’s Note

The above reports are operating reports only for use by Senior Staff. They are submitted to Council as part of Agenda A for information only. Attachment No. 2



AGENDA B 1b) CABONNE AMALGAMATION NO THANK YOU (ANTY) ORGANISATION

(L.05-05, SC275)

Calling on Councils to unite with a stronger voice against forced amalgamations. A copy of the letter is distributed with the information papers for Councillors information. Attachment No. 3 2b) SOUTHERN SPORTS ACADEMY (S.07-01, SC589)

Thanking Council for its contribution to the development of athletes from the Coolamon Shire Council area to assist athletes in reaching their goals in their chosen sport. A copy of the letter is distributed with the information papers for Councillors information. Attachment No. 4 RESOLVED on the motion of Clr Beard and seconded by Clr McCann that the correspondence listed as Agenda A and Agenda B be received. 164/08/2016



4) GENERAL MANAGER’S REPORT

4.1 GENERAL MANAGER REPORTS

GM1) LOCAL GOVERNMENT ELECTIONS – COOLAMON SHIRE COUNCIL (E.01-07, SC597)

As you will no doubt be aware there were a total nine (9) nominees for position on the Coolamon Shire Council. As a result of the number of nominees being equal to the positions available, it was declared an Uncontested Election. Candidates are therefore elected unopposed on and from Saturday, 10th September, 2016 and they will hold office as Councillors of the Coolamon Shire Council. The new Council will comprise of the following people:

CROCKER Jeremy

HUTCHEON Bruce

JONES Steve

LOGAN Kerrilee

MASLIN Kathy

McCANN David

McKINNON Colin

SEYMOUR John

WHITE Alan

Recommendation For Council information. GM2) REQUEST FOR LEGAL ASSISTANCE – COWRA SHIRE COUNCIL (L.07-01,

SC277)

As previously reported, Local Government NSW has advised that they are now seeking a financial contribution as a result of the Land and Environment Court matter. The total amount for Coolamon has been calculated at $272.33. (Please see attached). Attachment No. 5 This has already received the approval of Council and the invoice will be paid.



Recommendation For Council information. GM3) RECOGNITION OF SERVICE AWARDS (S.09-01, SC550) Council has previously adopted the Recognition of Service Policy that identifies and rewards the importance to Council of long serving Councillors and staff. The following staff member qualifies for this award:

Courtney Armstrong – 20 years

The employee will be presented with a gift voucher and framed Certificate in recognition of their continuous service to Council. This presentation will be made at the end of the Council Meeting where the Award recipient will then join with Councillors and staff for afternoon tea. Recommendation For Council information. RESOLVED on the motion of Clr Maslin and seconded by Clr Logan that the General Manager’s Reports (GM1 to GM3) be received. 165/08/2016 GM4) COOLAMON SHIRE COMMUNITY BENEFIT FUND (A.09-02, SC30) Coolamon Shire Council on behalf of the Coolamon Shire Community Benefit Fund has received a donation of $1,396.59 from the Bluegrass Group. As always Council and the Community appreciate these donations that ultimately benefit people in need throughout the Shire. Recommendation That the organisers of the Bluegrass Group be thanked for their donation. RESOLVED on the motion of Beard and seconded by Clr Brill that the organisers of the Bluegrass Group be thanked for their donation. 166/08/2016



GM5) ENVIRONMENTAL WATER POLICIES AND PRACTICES (W.01-01, SC473)

Council has received correspondence from Leeton Shire Council requesting information or concerns over the current control of water in the Murray Darling Basin. (See Attachments). Attachment No. 6 Generally issues pertaining to water management do not directly affect Coolamon Shire Council as we have no direct connection with river frontage or irrigation. We are at the top of the northern catchment of the Murrumbidgee and our impacts from these water policy decisions is minimal. The region, however, is impacted by the Water Management Policies of the State and Federal Governments and the growth of the Riverina Murray area is directly related to how water entitlements and flows are managed. This information is provided to allow Councillors the opportunity to advise of their concerns in regard to this matter. Any response will be put forward to the Chairman of the Murray Darling Association (MDA) Region 9. Recommendation For Council consideration. RESOLVED on the motion of Clr Beard and seconded by Clr White that the report be noted. 167/08/2016 GM6) LEASE OF THE COOLAMON POOL (S.19-03, SC405) Council has received three Expressions of Interest to undertake the Contract for managing the Coolamon Pool. They were:

Oasis Regional Aquatic Centre

Jeremy and Aileen Crocker

Bill and Michelle Roberts Staff interviewed each of the proposed applicants to discuss issues around the proposed operation and management of the pool. Council has always seen this role as an important part of the services delivered to the community and any proposal should consider the access and use of the pool by the community.



Whilst all applicants were qualified or showed intent to be qualified, it was thought that the most appropriate Contractor ready to commence operation of the pool in accordance with Council and the community expectations is Bill and Michelle Roberts. Recommendation That Council award the Lease for the Coolamon Swimming Pool for the 2016/17 season together with an option to renew for the following two seasons to Bill and Michelle Roberts. RESOLVED on the motion of Clr Brill and seconded by Clr McCann that Council award the Lease for the Coolamon Swimming Pool for the 2016/17 season together with an option to renew for the following two seasons to Bill and Michelle Roberts. 168/08/2016 GM7) IRIS COMMUNITY SURVEY 2016 (S.10-04, SC387) Council has received the results of its Community Survey conducted during June 2016. This Survey was conducted by Iris Research on behalf of Council and is an important part of assessing how the current Council has performed over its term.

A copy of the Survey has been attached to Council’s information papers, however, the main findings of the Survey are such that 4 out of 5 (82.3%) Coolamon Shire residents have expressed satisfaction with Council’s overall performance in the delivery of services and facilities whilst just 4.9% were dissatisfied. Attachment No. 7 This score is on a par with the results from the 2007 and 2012 surveys and Coolamon Shire remains the best performing Council according to the Iris Local Government database. The 5 areas where Council is deemed to be performing well are: Management of waste depot and recycling Provision of aged care services Provision of sewerage services and management of septic systems Appearance of public areas Garbage collection The Survey identified the top priorities for Council moving into future budgets, these being: Maintaining town roads



Maintaining sealed rural roads Maintaining unsealed rural roads Services and facilities for young people Environmental activities Promotion of business and tourism The survey will be provided to the new Council as information to aid in the review of the Community Strategic Plan. This review must be completed by 30 June 2017. Recommendation For Council discussion. GM12) END OF TERM REPORT (S.11-01)

Tabled is a copy of the Proposed End of Term report for endorsement by Council. This will be presented to the new Council at their first meeting and will begin the review of the Community Strategic Plan that will be undertaken over the next twelve months.

Recommendation For Council information. RESOLVED on the motion of Clr McCann and seconded by Clr Huxtable that the Coolamon Shire Council – Community Survey 2016 report be received and that the End of Term Report 2016 be endorsed. 169/08/2016 GM8) COOLAMON SHIRE CROWN RESERVES TRUST (G.03-46, SC603)

Council has received correspondence from the Hon Niall Blair MLC advising that a grant of $138,875 has been approved for the upgrading of the pump and filtration plant and improvements to pool access at the Ganmain Swimming Pool. Attachment No. 11 This will be included with the Federal Government money to undertake all the improvements necessary at the Ganmain and Ardlethan Swimming Pools. Preparation work will occur over the summer in order to commence work after this upcoming pool season.



Recommendation For Council information. GM9) ARDLETHAN TIN MINE (G.01-12, SC519; P.03-13, SC603)

A Planning Focus Meeting was conducted in Ardlethan on Friday, 12th August, 2016 with the proponent providing a background paper for the proposal. (Summary document attached). In attendance were all of the relevant State Government Departments namely, DPI Water, DPI Resources, DPI Minerals, OEH, EPA, Department of Lands and Council. Attachment No. 12.1 As a result of this meeting the Secretary’s Environmental Assessment Requirements (SEARS) are to be provided by this Friday, 19th August, 2016 which will inform the proponent what is required in any Environmental Impact Statement. The project is proposing to undertake the reprocessing of the Tin Tailings on site and that full production would see 1.5 Million tonnes per year of the existing tailings reprocessed and progressively rehabilitating the areas where the tailings are coming from.

As previously mentioned, Coolamon Shire Council are the Consent Authority for this application and it has been determined as an integrated and designated development. A copy of the proposed Submission of Council’s SEARS requirements have been attached for your information. Attachment No. 12.2 At the meeting the Proponent, Ardlethan Tin Resources (ATR) advised that they had suspended work on the Landfill Proposal and have informed the Department of Planning accordingly. Recommendation That the information be noted. RESOLVED on the motion of Clr Huxtable and seconded by Clr Maslin that the General Manager’s Reports (GM8 and GM9) be received. 170/08/2016



GM10) 10 WRIGHT STREET, GANMAIN (A.05-07, SC11) In order for Council to proceed with the Subdivision of the above mentioned property, an easement needs to be created for power supply. In order for this easement to be created, Council’s approval must be given so that the planning process can take place. This is the proposed Subdivision of the residential unit in Wright Street, Ganmain that will allow Council to proceed with sale. Recommendation

That Council’s signature and Seal be affixed to any documents required to proceed with the Subdivision and then sale of 10 Wright Street, Ganmain. RESOLVED on the motion of Clr Huxtable and seconded by Clr Logan that Council’s signature and Seal be affixed to any documents required to proceed with the Subdivision and then sale of 10 Wright Street, Ganmain. 171/08/2016 GM11) MATONG PUBLIC SCHOOL (S.01-08, SC466)

A request has been received from the Matong Public School seeking a gift or donation in regard to their Scholastic Book Fair. Attachment No. 13 Whilst this is an admirable request, Council needs to be cognizant of the implications and precedence of agreeing to such a donation. It goes without argument that the literacy of all Schools is important particularly in our region and Council provides assistance with this through the Static and Mobile Library. It should be noted that Council already provides sponsorship to all of the Schools within the district with their end of year presentations. Recommendation That Council decline the offer of a donation.

Councillor Beard declared a pecuniary interest due to his professional association with the Matong Public School and left the meeting room 2.55pm.

RESOLVED on the motion of Clr McCann and seconded by Clr Brill that Council politely decline the offer of a donation. 172/08/2016

Clr Beard returned to the meeting room at 2.56pm.



4.2 EXECUTIVE MANAGER, CORPORATE & COMMUNITY SERVICES’ REPORTS CS3) FINANCE REPORT RESOLVED on the motion of Clr Beard and seconded by Clr Logan that the report be received. 173/08/2016



4.3 EXECUTIVE MANAGER, ENGINEERING & ENVIRONMENTAL SERVICES’ REPORTS

ES1) SHIRE ROADS RESHEETING, STABILISATION AND MAINTENANCE The following roads have received attention: 1) MAINTENANCE

McDougalls Lane (Uley Lane to Irish Jims Lane) Uley Lane (Ardlethan Road to McDougalls Lane) Murrell Creek Road (Pamandi Road to Ardlethan Road) Bradleys Lane (Millwood road to Lesterfield Lane) Lesterfield Lane (Bradleys Lane to Boundary Lane) Pamandi Road (Narrandera boundary to Turnbulls Lane) East West Road (Ariah Road to English Lane) Pamandi Road (Narrandera boundary to Harrisons Lane) East West Road (Allens Lane to Old Wagga Road)

2) RESHEETING

Ariah Road (East West Road 0.71kms) East West Road (Rannock Road to English Lane) Boundary Lane (Millwood Road to Mowsers Lane) Ariah Road (East West Road to Freers Lane)

With a break in the weather all three Grader Gangs are currently performing gravel maintenance works in priority areas. Some of the road which have deteriorated the most will require additional favourable conditions before maintenance can be provided. If favourable conditions persist, Grader Gangs will be in the regions of these roads and can provide maintenance at that time. ES2) HORNBY SUBDIVISION Contractors have completed installation of the sewer main. Installation of the shared services is still on hold due to ongoing rain. With the recent improved conditions Contractors will be followed up to recommence works.



ES3) NOXIOUS WEEDS OFFICER’S REPORT (271) Noxious Weeds Officer Reports RENWA NOXIOUS WEEDS REPORT JULY 2016

Due to extreme weather, no control activities were carried out.

Worked with Chartis Technology staff to test BIS recording program and provide feedback.

Excellent progress, Chartis is very responsive to practical suggestions, so the program is totally based around todays requirements with the ability to customise later to accommodate expanding DPI requirements or customer requests.

Discussions with Land Managers and groups regarding weeds to be included in regional weeds plans, currently under development.

If the weather remains relatively dry, control operations will recommence the week beginning 15 August.

Staff returned from leave.

High risk site inspections ongoing

Property inspections will commence when ground conditions allow

ES4) FACILITIES MAINTENACE OFFICER’S REPORT (P.01-01, SC513) Facilities Maintenance Officer Reports The following has occurred over the past month: 1) PARKS

Wet weather has obviously held up work recently so staff are going to be busy this spring. Participants in community service orders have planted around 300

trees at the effluent ponds in Coolamon. Staff are currently preparing Ganmain for the annual Ganmain Show

and several compliments have been received for the way the town has been presented.

Tree removals in Ardlethan will occur shortly to allow for K & G repairs.

Staff will take the opportunity to replant as soon as these trees are removed.



Green waste production continues with the production area recently extended to accommodate the extra material coming from Ganmain.

Treated effluent supplies are almost at capacity. We currently have all

storages at capacity apart from one dam which is at 80% 2) BUILDING MAINTENANCE

Two more units at Kindra lodge have received a refurbishment prior to

new residents moving in. Paint, carpet, wet seals and bathroom tiles were replaced.

Ardlethan toilets have finally had there refurbishment completed.

Trade staff recently constructed a structure to cover plant at the

treatment works and will be constructing a carport for the new Managers residence at the Caravan Park

Recommendation For Council information.

RESOLVED on the motion of Clr Huxtable and seconded by Clr White that the Executive Manager, Engineering & Technical Services’ Reports (ES1 to ES4) be received. 174/08/2016

ES5) GRAVEL MAINTENANCE – YARRAWONG ROAD (R.09-12, SC346)

Council is in receipt of correspondence which makes a number of statements regarding Council’s expertise to maintain its Road Network and approach to financial management. The letter goes on to urge Council representatives to reinforce with the General Manager the need to revaluate the way roads and table drains are constructed, the materials used and maintenance of same. (See Attachments). Attachment No. 8.1 Council and its staff pride themselves on the condition of the Road Network and are far from lacking in expertise and desire to provide the best possible Road Network within its financial constraints. In determining its Capital Gravel Works Programme, all roads are inspected as per the road Inspection and Maintenance Policy, all roads are condition rated and from this register, a priority list of works are prepared and presented to Council for consideration and adoption in that year’s budget.



In condition rating the roads they are assessed against their road classification which is determined utilising Council’s Rural Local Road – Unsealed Road Hierarchical System Policy which takes into consideration evaluation items such as traffic volume, number of dwellings, number of properties, link road, bus route and main route. Ultimately this results in the road being assessed against its needs to service the community and is a process to identify where the roads are unsatisfactory and require consideration of Council. This is a very thorough process, satisfies the Institute of Public Works Australasia (IPWEA) Asset Management Guidelines and has served Council well for many years. During this very process 2.4kms of Yarrawong Road (Walshs Lane to Pamandi Road) was adopted in the 2016/2017 Unsealed Local Road Resheeting budget at $24,000 with Yarrawong Road (Matong North Road to Walshs Lane) 3.8kms listed for consideration in future budgets at $38,000. During the operation of these works additional material will be applied to the road which will permit an improved formation to be created. At the same time maintenance will be provided to the drainage network (ie. table drain and mitres) to direct water away from the road formation but due to the lack of natural fall there are limitations and some pooling in the water in table drains will still occur, this is part of Council’s normal operations procedure, regardless if it is Capital or Maintenance Works.

What Council cannot control is environmental conditions whether it be a drought or extreme rain. Data obtained from the Bureau of Meteorology reveals that the recent rain event has resulted in 262.2mm received in the area over the last three months, is a doubling of the average rainfall for this period and has only been exceeded in 1995 when assessing data back to 1950. (Graph attached). Attachment No. 8.2

The expectation for all of Council’s roads to be undamaged or trafficable during an extended extreme event that which the region has recently experienced is considered unrealistic and well beyond Council’s budgetary constraints. It should be noted that many of Council’s roads are holding up well to these extreme conditions but when assessing Yarrawong Road specifically it should be noted that the natural water course of both Cowabbie Creek and Yarran Creek path through the region. (See Attachments). Attachment No. 8.3

The attached drainage plan and photos highlight the degree of water in the specific region and that even with an exceptionally flat region, the vast majority of the water is contained within the table drain and paddock off the road formation. In a region with minimal fall what will occur and has in this instance, the water will cross the road at a location (ie. between dams) and with continuous rain there is an expectation that landholders show restraint and cancel any heavy vehicle movements during this period. It appears restraint has not been exercised



in this instance and the road has deteriorated further as a consequence. Attachment No. 8.4 Council’s Engineers did consider implementing a load limit on all unsealed roads similar to that implemented in neighbouring Shires but resisted this need on the assumption landholders would show commonsense and restraint during such conditions. I reaffirm that Council has an infrastructure budget that permits it to maintain a 1200km Road Network to its designated hierarchical classification, is within its financial limitations and if any ratepayer wishes Council to provide a Road Network which can withstand such infrequent extreme events, either funds are extracted from other budgetary items (ie. childcare, elderly care, pools, sewer, parks and gardens etc) or rate increases are required. Council has implemented an astute Financial Management Plan over many years which must satisfy the needs of the community and comply with the appropriate Accounting Standards. Council will continue to operate all of the services and infrastructure that are important to a range of community needs and manage a Road Network in accordance with its defined hierarchy. Recommendation For Council discussion. ES6) NATURAL DISASTER FUNDING (R.07-09, SC334) Following the floods of 20th June 2016, Council submitted a Natural Disaster Assessment form with the Department of Justice, Office of Emergency Management (OEM). As a consequence Coolamon Shire Council was declared a Natural Disaster area and eligible for financial assistance to repair its infrastructure to pre-event condition. In Council’s Submission 17 items were identified relating to debris clean-up, culvert washouts and gravel road damage.

In a recent assessment of the Natural Disaster items with a Roads & Maritime Officer all items were approved with an additional three items included. In total 8.68kms of gravel roads and 5 drainage structures have been identified for repair and is listed for Council’s information.

Recommendation For Council information. RESOLVED on the motion of Clr McCann and seconded by Clr White that Executive Manager, Engineering & Technical Services’ Reports (ES5 and ES6) be received. 175/08/2016



4.4 ACTING MANAGER, ENVIRONMENTAL & HEALTH SERVICES REPORTS

HS1) DEVELOPMENT APPLICATIONS (55)

The following applications have been approved:- DEVELOPMENT APPLICATIONS 16/2016 20 Lot Subdivision – 28//750846 – 89 Campbells Lane, Coolamon. 21/2016 Carport – 22//1096316 – 29 Lewis Street, Coolamon. 22/2016 Use of Front Courtyard of School of Arts for Pop-Up Markets - 1//917512 – 96 Cowabbie Street, Coolamon. 24/2016 Farm Shed – 37//664897 – McNabbs Lane, Coolamon. COMPLYING DEVELOPMENT CONSENT 2016/04 Shed – 10/1/758650 – 38 Don Street, Marrar. 2016/05 Shed – A//320907 – 17 Loughnan Street, Coolamon. Recommendation For Council information. RESOLVED on the motion of Clr McCann and seconded by Clr White that the report be received. 176/08/2016 HS2) DEVELOPMENT APPLICATION 26/2016 - PROPOSED SHED – LOT 14

SECTION 23 DP 758428, 60 LANGHAM STREET, GANMAIN (RT1000578)

DA Number 26/2016

Proposed Development

Shed (8m X 12m X 4.5m to ridge) including shower, toilet, hand basin and rainwater tank.

Property Description

Lot 14 Section 23 DP 758428, 60 Langham Street, Ganmain

Applicant/Owner Phillip Menz

Number of Submissions

Two

Documents submitted with this report

Site Plan Shower/toilet detail including framing specification Ranbuild plans & specifications including engineer certification Statement of Environmental Effects

Recommendation Approve subject to conditions



Council has received an application for a shed as described above. Two objections have been lodged hence the need to seek Council’s endorsement. An assessment of the application has been carried out in accordance with the requirements of the Environmental Planning & Assessment Act as detailed below followed by recommendations for approval subject to conditions. Attachment No. 9

Section 79C Matters for consideration

Response

1 (a) (i) Environmental Planning Instrument

Coolamon LEP 2011 Zoning – RU5 – Village Min. Lot Size – 800 square metres Proposed shed is permissible within the zone. The land does not fall within a flood affected or sensitive biodiversity zone.

1 (a) (ii) Proposed planning instrument that has been subject of public consultation and has been notified to consent authority.

Nil

1 (a) (iii) Development Control Plan/s: Coolamon DCP 2015 Relevant clauses are:

Notification Cl. 14.3 – Notification applies to development likely to have significant adverse effect by way of views to and from the surrounding land, impact on privacy, potential noise, odour, dust, vibration, environmental amenity, potential traffic generation, drainage. In this particular instance, due to the large size of the shed, staff chose to err on the side of caution and notify neighbours in the vicinity ie 2 doors up and down Langham Street and also across the rear lane immediately behind and two doors up and down. Cl. 14.4 – Written notice will be provided to the owner of an adjoining parcel of land or building and to an owner of any nearby land or building if the proposal triggers those matters in cl. 14.3. The proposal has been notified to adjoining land owners in accordance with the Council’s DCP. Letters were sent to land owners as described in 14.3 above on 11/7/16 giving 14 days to comment. Two submissions were received (see attached). The matters raised and staff response to each are listed below. As a general comment, Council has no policy which limits shed size in residential



areas. Each application must therefore be considered on its merits. 1. Size, height and area – The footprint of the proposed

shed is 12 X 8 metres. The area of the shed will have no impact on surrounding land uses aside from the generation of additional stormwater. It is standard practice to require stormwater to discharge to the street gutter. A condition will be placed on the consent requiring this to occur. No adverse effects are anticipated on the stormwater disposal system. The height of the proposed shed (3.8 metres wall height with a peak of 4.5 metres) is worthy of further consideration, particularly with regard to potential impact on shading of entertaining areas, clothes drying facilities and the like. The property to the west, number 58, is the most likely to be affected. Staff have drafted an approximate shading diagram indicative of the mid winter period (worst case scenario). Whilst shadow is experienced next door, it is nowhere near the existing clothes line or any entertaining or regularly habited areas within the yard. The shadow at sun rise is expected to extend approximately 5 metres into the rear part of the yard at number 58. Another issue related to height and size is the bulk of the building and its appearance as a result. It will be quite prominent however it is located at the rear of the property. The proposed external cladding is zincalume. While such material can contribute to glare in certain circumstances, generally it is not expected to impact in this particular location. It is worth noting that Council has approved similar sized sheds in recent times so precedent exists for approving large sheds, subject to no impact being anticipated. Some recent examples are given below:

3 Hakea Drive, Coolamon – Shed 10.5m X 8m X 4.5m to ridge.

7 Hakea Drive, Coolamon – Shed 9m X 9m X 5.1m to ridge.

52 Menangle Street, Ganmain – Shed 12m X 9m X 4m to ridge.



2. Use of the shed & noise nuisance – Objections here relate to a concern that shed activity will extend into the evening hours with resultant noise nuisance. In addition one of the objectors has stated that they feel the shed will compromise the quiet enjoyment of their garden. There is separate noise legislation which can be used to control such nuisances as and when they arise. In addition however, it is not unusual for Council to apply a general condition relating to controlling the generation of noise, dust, electrical interference and the like. This condition will be placed on the consent. The applicant has stated that the use of the shed will be for hobby purposes and as such is an expected and usual use in a residential situation.

3. Conversion to habitation – This objection relates to

the fact that a shower and toilet are proposed which the objector feels may lead to eventual human occupation of the shed and conversion to a residence. Council’s approval will clearly state the type of use approved. In addition a further condition is regularly applied and will be in this case, stating that the shed is not to be used for habitation.

4. Potential business use – the objector is concerned

that that the large size of the shed might lead to potential business use. As stated above in number 2. The approval will clearly state residential use. A further condition will be added clearly prohibiting any commercial or business use. The applicant has stated in his Statement of Environmental Effects that the shed is for storage and a hobby workshop. The applicant has stated verbally to staff that his hobby is Speedway.

5. Rear lane access and maneuverability – this objection relates to concerns about turning room with a car trailer from the rear lane and potential damage to adjoining fences. The existing rear fence of the property already has an inset to facilitate better than normal access. The rear lane is designed for normal residential traffic and the proposed use is for normal residential use. Applying a condition on the shape of the rear fence and driveway access is not considered justifiable or enforceable.



Cl. 15.3 – Building setback – Policy requires a minimum 1 metre setback to rear boundaries and 0.9 metres to side boundaries in RU5 zones. The proposal meets the side boundary setback requirement and exceeds the rear boundary set back requirement. Cl. 15.4 – Solar access – Policy requires that adjacent dwellings should be entitled to solar access as follows: “Maintain solar access to 50% of the private open space of dwellings for a minimum of 4 hours between 9am and 3pm in mid-winter (June 22)” As elaborated above in 1., the land area and impact on solar access is minimal. The amount of solar access provided to adjoining affected dwellings far exceeds the requirement in Council’s policy. Cl. 15.7 – Carports & garages – Policy requires that they not dominate the front façade and be set back. The proposed shed is located in the rear yard and does not impact on these setback requirements. Cl. 22 – Tree removal – There are no trees to be removed on the proposed shed site.

1 (a) (iiia) Planning agreement or draft planning agreement under 93F

Not applicable

1 (a) (iv) The Regulations

Nil

1 (a) (v) Coastal zone management plan

Not applicable

1 (b) Likely impacts of the development including:

Environmental impacts on natural environment

Potential Negative Environmental Impacts and means of minimising them are: During Construction:

Noise from construction activities. Restrict the hours of operation and specify a maximum noise level above background at the nearest affected residence.

Soil and sediment movement off site. Require



sediment controls to be in place during construction and restrict work to dry weather.

Post Construction:

Noise, dust and electrical interference from shed activities. A general condition will be placed on the consent requiring these to be managed such that no nuisance occurs.

Environmental impacts on built

There are no anticipated impacts on the built environment.

Social impacts on locality

No changes are expected on the social impacts of the locality.

Economic impacts on locality

Minor improvements are expected on the economic impacts of the locality due to the contribution to the economy in terms of purchase of building materials and trades.

1 (c) Suitability of the site

The proposed site is suitable being flat with no vegetation and an existing residential use. It is appropriately zoned and accessible with suitable options for stormwater disposal.

1 (d) Submissions made

Two submissions were received. Response to those submissions appears above in this report.

1 (e) The public interest

The public interest is expected to be unchanged subject to compliance with the proposed conditions of consent.

Recommendation That Council approve Development Application 26/2016 subject to the following conditions: 1) Residential building work within the meaning of the Home Building Act

1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

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 the Act, the number of the owner-builder permit; and iii) the Applicant is to submit a copy of the Owner-Builder License

from the Office of Fair Trading prior to the commencement of any building works in relation to this application.



2) For the purpose of inspection, twenty-four (24) hours notice must be given to the Principal Building Surveyor in respect of the following works for reasons of required inspections:- i) Footing; ii) Slab and other Steel Reinforcement; iii) Frame (including subfloor where applicable); iv) Wet area waterproofing; v) Stormwater; vi) Final prior to occupation.

3) Where new or replacement hot water systems are installed, the system must deliver hot water to a maximum of 50 C to all outlets within the building that are to be set aside for personal hygiene.

4) Plumbing and drainage installation and alterations shall be carried out in

accordance with the provisions of the Plumbing Code of Australia (with NSW variations), which adopts the Australian Standard AS3500 – Plumbing & Drainage.

5) For the purpose of complying with these standards inspections shall be

carried out: i) When all internal plumbing work is installed and prior to

concealment. ii) When all external plumbing work is installed and prior to backfilling.

6) The finished floor level shall be minimum of 150mm above the surcharge

gully on the sewer or septic tank and the surcharge gully shall be at least 150mm above the natural ground level.

7) Construction work shall take place during normal working hours, namely

7.00am to 5.00pm, Mondays to Fridays and 8.00am to 1.00pm, Saturdays (no work on Sundays or Public Holidays) and in a manner so as not cause a nuisance (by the generation unreasonable noise or other activity) to the owners and/or residents of adjoining properties.

8) Building and construction materials, plant, equipment and the like are not

to be placed or stored at any time on Council’s footpath or roadway. 9) Site signage shall apply, and must be erected on the site in a prominent,

visible position, stating that unauthorised entry to the site is not permitted. It should show the name of the builder or another person responsible for the site and a telephone number at which the builder or other persons can be contacted outside working hours. Any structures



erected to meet requirements of this condition must be removed when it is no longer required for the purposes for which it was erected.

10) Stormwater shall be discharged to the roadside kerb and gutter. Any

penetration of the kerb is to be done so as to not cause any damage to the existing kerb and gutter.

11) The development shall not interfere with the amenity of the neighbourhood by reason of the omission of noise, vibrations, smell, fumes, smoke, vapour, steam, soot, ash, dust or water waste, waste products or grit, oil or any other form of pollution that may affect the neighbouring amenity.

12) Care shall be taken to ensure all existing plumbing and drainage lines are protected from damage during construction. Should any existing pipelines be affected by the building work then they will need to be re-laid clear of the building alignment and in accordance with the requirements of Australian Standards 3500. Full details of this work must be submitted to and approved by Council prior to proceeding.

13) The shed shall not be used for industrial, commercial or business

purposes.

14) The shed shall not be occupied as a habitable building or residence.

RESOLVED on the motion of Clr McCann and seconded by Clr Huxtable that Council approve Development Application 26/2016 subject to the following conditions: 177/08/2016 1) Residential building work within the meaning of the Home Building Act

1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

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 the Act, the number of the owner-builder permit; and iii) the Applicant is to submit a copy of the Owner-Builder License

from the Office of Fair Trading prior to the commencement of any building works in relation to this application.



2) For the purpose of inspection, twenty-four (24) hours notice must be given to the Principal Building Surveyor in respect of the following works for reasons of required inspections:- i) Footing; ii) Slab and other Steel Reinforcement; iii) Frame (including subfloor where applicable); iv) Wet area waterproofing; v) Stormwater; vi) Final prior to occupation.

3) Where new or replacement hot water systems are installed, the system must deliver hot water to a maximum of 50 C to all outlets within the building that are to be set aside for personal hygiene.

4) Plumbing and drainage installation and alterations shall be carried out in


5) For the purpose of complying with these standards inspections shall be

carried out: i) When all internal plumbing work is installed and prior to

concealment. ii) When all external plumbing work is installed and prior to

backfilling.

6) The finished floor level shall be minimum of 150mm above the surcharge gully on the sewer or septic tank and the surcharge gully shall be at least 150mm above the natural ground level.

7) Construction work shall take place during normal working hours, namely


8) Building and construction materials, plant, equipment and the like are

not to be placed or stored at any time on Council’s footpath or roadway. 9) Site signage shall apply, and must be erected on the site in a prominent,

visible position, stating that unauthorised entry to the site is not permitted. It should show the name of the builder or another person responsible for the site and a telephone number at which the builder or other persons can be contacted outside working hours. Any structures



erected to meet requirements of this condition must be removed when it is no longer required for the purposes for which it was erected.

10) Stormwater shall be discharged to the roadside kerb and gutter. Any

penetration of the kerb is to be done so as to not cause any damage to the existing kerb and gutter.

11) The development shall not interfere with the amenity of the neighbourhood by reason of the omission of noise, vibrations, smell, fumes, smoke, vapour, steam, soot, ash, dust or water waste, waste products or grit, oil or any other form of pollution that may affect the neighbouring amenity.

12) Care shall be taken to ensure all existing plumbing and drainage lines are protected from damage during construction. Should any existing pipelines be affected by the building work then they will need to be re-laid clear of the building alignment and in accordance with the requirements of Australian Standards 3500. Full details of this work must be submitted to and approved by Council prior to proceeding.

13) The shed shall not be used for industrial, commercial or business

purposes.

14) The shed shall not be occupied as a habitable building or residence. The Mayor called for a division. Those voting in favour of the recommendation: All those present Those voting against the recommendation: Nil



HS3) DEVELOPMENT APPLICATION 32/2016 - ACCUMULATOR BINS, CONVEYOR AND OVERHEAD RAIL LOADING FACILITY – LOT 5 DP 1169330, KAMARAH TANK ROAD, ARDLETHAN (RT1003484)

DA Number 32/2016


Construction of accumulator bins, conveyor and overhead rail loading facility.


Lot 5 DP 1169330, Kamarah Tank Road, Ardlethan

Applicant/Owner MJM Consulting Engineers Adam Chilcott / Emerald Grain


N/A at this stage. Submissions close 1/9/16


Site plan Elevations Statement of Environmental Effects Aerial photograph of locality

Recommendation Delegate authority to determine the application to the General Manager

Council has received an application for additional infrastructure at the Emerald

Grain site at Ardlethan as described above. Attachment No. 10 The proposed works are almost identical to the recently approved and constructed infrastructure immediately adjoining on a site owned by Graincorp. Letters have been sent to immediately adjoining neighbours with submissions closing on 1st September, 2016. The applicant has indicated some urgency about the need to have the works complete prior to the coming harvest season. Whilst conscious of these concerns, Council should not be abrogating its responsibilities. Council does have the opportunity to delegate this assessment process to the General Manager so to avoid the need to return to Council for consideration. In an effort to accommodate the applicant and deal with the application as quickly as possible, it is proposed that delegated authority be given to the General Manager to consider any submissions and deal with the application. Recommendation That the General Manager be given delegated authority to consider submissions and determine Development Application 32/2016.



RESOLVED on the motion of Clr White and seconded by Clr Maslin that the General Manager be given delegated authority to consider submissions and determine Development Application 32/2016. 178/08/2016 The Mayor called for a division. Those voting in favour of the recommendation: All those present Those voting against the recommendation: Nil HS4) DOG ATTACK (A.08-04, SC24) Council have been investigating an alleged dog attack that occurred on the corner of Methul and Booth Street, Coolamon on the 5th August, 2016. The evidence received by Council indicates that a dog had been wandering from its place of residence, attacked and killed four chickens. At the time of the attack the dog was microchipped and registered. In accordance with the requirements of the Companion Animals Act 1998, Council issued a Notice of Intention to Declare the dog as being dangerous. Written representation as to why Council should not issue such Order or as to why further time should be allowed for such compliance has been received by Council.

Attachment 1 is written representation as to why Council should not issue such an order. There are also several other letters supporting this representation. Attachment No. 14.1 In accordance with Section 33 of the Act a dog is considered dangerous if it:

a) Has, without provocation, attacked or killed a person or animal (other than

vermin), or

b) Has, without provocation, repeatedly threatened to attack or repeatedly

chased a person or animal (other than vermin).

Alternatively Council may also consider Section 33A which considers a dog menacing if it:

a) Has displayed unreasonable aggression towards a person or animal (other

than vermin) or

b) Has without provocation attacked a person or animal (other than vermin)

but without causing serious injury or death.

Attachment 2 is a statement from the owner of the chickens who were attacked and killed. Attachment No. 14.2

It should be noted that this is now the second time that this dog has attacked and killed multiple chickens at the same residence.



Council are advised that chickens from the residence where the attack took place can often be seen roaming outside of the property on the road reserve.

There is substantial evidence to suggest that the dog involved in the attack did so without provocation attacked and killed another animal.

It may seem harsh to declare the dog as dangerous. However, as can be seen in the above definitions from the Act of a dangerous dog and a menacing dog, it is clear that the dog must be considered dangerous.

Council does have a responsibility to the community to protect it from dangerous animals. For this reason it is recommended that Council declare the dog involved in the attack and identified as being Dangerous in accordance with the provisions of the Companion Animals Act 1998. Council may also wish to consider the issuing of a penalty notice to the owner of the dog. The current penalties that may be applied currently include:

1. Owner of dog which rushes at/attacks/bites/harasses/chases a

person/animal - $550.00

2. Fail to prevent dog from escaping - $220.00

3. Owner of dog not under effective control in a public place - $220.00

On account of previous incidents whereby Council have declared dogs as being dangerous it has been considered satisfactory to issue the larger penalty based on the seriousness of the incident. Recommendation That the dog be declared dangerous in accordance with the Companion Animals Act 1998 and that the owner of the dog be fined $550.00 for owning a dog that rushes at/attacks/bites/harasses/chases a person/animal. RESOLVED on the motion of Clr McCann and seconded by Clr Maslin that the dog be declared dangerous in accordance with the Companion Animals Act and that Council undertake the appropriate actions to control the “free range” chickens in the area. 179/08/2016



HS5) DEVELOPMENT APPLICATION 25/2016 - PROPOSED ELECTRICAL CONTRACTING BUSINESS, SHED, OFFICE & AMENITIES – LOT 11 SECTION 36 DP 758428, 10 DEVLIN STREET, GANMAIN (RT1000447)

DA Number 25/2016


Shed (12 X 18.4 X 4.5m wall height) & Skillion office and amenities (6 X 18.38m) and rainwater tank.


Lot 11 Section 36 DP 758428, 10 Devlin Street, Ganmain

Applicant/Owner Matthew Hatty


Nil


Site/Floor Plan Shed indicative floor plan and elevations Skillion indicative floor plan and elevations “Shed Boss” footings and framing plans & specifications Statement of Environmental Effects

Recommendation Approve subject to conditions

Council has received an application for an electrical contracting business and

associated shed, office and amenities as described above. An assessment of the application has been carried out in accordance with the requirements of the Environmental Planning & Assessment Act as detailed below followed by recommendations for approval subject to conditions. Attachment No. 15

Section 79C Matters for consideration

Response

1 (a) (i) Environmental Planning Instrument

Coolamon LEP 2011 Zoning – RU5 – Village Min. Lot Size – 800 square metres Proposed shed and use (light industry) is permissible within the zone subject to Council consent. The land does not fall within a flood affected or sensitive biodiversity zone.

1 (a) (ii) Proposed planning instrument that has been subject of public consultation and has been notified to consent authority.

Nil



1 (a) (iii) Development Control Plan/s: Coolamon DCP 2015 Relevant clauses are:

Notification Cl. 14.3 – Notification applies to development likely to have significant adverse effect by way of views to and from the surrounding land, impact on privacy, potential noise, odour, dust, vibration, environmental amenity, potential traffic generation, drainage. In this particular instance, due to the fact that this is a commercial activity in a residential area, staff chose to notify neighbours in the vicinity. Land owners in the block bounded by Moore, Hannah, Derby and Devlin Streets were advised in writing of the proposal. Cl. 14.4 – Written notice will be provided to the owner of an adjoining parcel of land or building and to an owner of any nearby land or building if the proposal triggers those matters in cl. 14.3. The proposal was notified to adjoining land owners in accordance with the Council’s DCP. Letters were sent to land owners as described in 14.3 above on 21/7/16 giving 14 days to comment. No submissions were received. Cl. 15.3 – Building setback – Policy requires a minimum 8 metre setback to front boundaries and 0.9 metres to side boundaries in RU5 zones. The proposal exceeds the front boundary setback (proposal is 10 metres) however the south side boundary set back proposed is 0.5 metres, being 0.4 metres closer to the side boundary than normally permitted. As a commercial building, any wall within 3 metres of a boundary is required to be fire rated. The proponent proposes to fire rate the wall on the south side of the property. The northern boundary setback proposed is 3 metres thereby exceeding council’s minimum setback and avoiding the need for fire rating. Some consideration of the proposed 500mm side boundary setback is considered appropriate. Council’s policy setback of 900mm provides a sufficient distance for land owners to access buildings for the purpose of maintenance. It also ensures buildings to not unduly



encroach on adjoining properties, reducing potential negative impacts on amenity. These two aspects of building maintenance access and amenity are discussed below: Building Maintenance Access - Amenity – The proposed structure will be quite tall. Wall height is shown as 4.5 metres. Ridge height is not shown however is likely to be approximately 5 metres. Shadow from the adjoining shed during winter solstice will extend approximately 9 metres into the south allotment. This southern allotment is currently vacant. Depending on the site layout of any future adjoining building to the south, there is the potential to significantly reduce opportunities for passive solar design. The alternate view is that being vacant, any person intending to develop the southern allotment has the opportunity to design a dwelling and site layout to minimize the effects of shading. This would probably necessitate setting any proposed dwelling back a much greater distance than normal, leaving a front yard that may be less likely to be of use for day to day activities due to reduced privacy. This issue is a vexed one, and the writer has no firm position one way or the other. Council’s policy on solar access provides some guidance below. Cl. 15.4 – Solar access – Policy requires that adjacent dwellings should be entitled to solar access as follows: “Maintain solar access to 50% of the private open space of dwellings for a minimum of 4 hours between 9am and 3pm in mid-winter (June 22)” Since there is no adjacent dwelling, there is no impact at present. The difficulty is determining whether to consider potential future impact on a dwelling that is yet to be constructed. Given that this is an almost impossible task, and in the absence of any existing dwelling, it is felt that the matter of shading from the proposed shed is not one that can be sensibly considered at present. 15.6 Fences – The applicant proposes to construct a 1.8 metre high colorbond fence to the rear of the premises. No specific details have been provided about colour or



exact fence location. Council’s policy permits fences to 1.8 metres in height behind the building line. The proposal meets this requirement. 17.6 Prohibited Signage – No details of signage have been provided. Council’s DCP contains guidelines for signage and also details types of signage that are not permitted. A condition of consent will be applied requiring details of proposed signage to be provided and approved by Council prior to erection. 21 Engineering Standards 21.1 Provision of Access – The current access is via an unformed “goat track” parallel with Devlin Street. This is considered unacceptable. Discussions with Council’s Engineering Department indicate a need to ensure that approved and formed access is provided at 90 degrees to Devlin Street. The design and format of this access will require prior approval by Council’s Engineering Department and a condition will be applied to the consent in this regard. Associated with this condition will be the need to ensure unimpeded drainage, again in consultation with Council’s Engineering Department. Cl. 22 – Tree removal – There are no trees to be removed on the proposed site however there is a need to remove some trees from the road reserve to facilitate approved access (see above). Council’s policy requires permission to be gained prior to removing any trees on public land such as road reserves. It will be necessary for the applicant to liaise with Council’s staff to ensure that minimal tree removal occurs and also that no significant tress are removed. A condition will be placed on the consent to reflect this. Cl. 28 – Commercial and Industrial Development Cl. 28.1 – Objective – The proposal meets most of the policy objectives however one objective is worthy of further consideration and states “Prioritise the location of proposed commercial developments to those within close proximity to the existing business precincts of each town and village.” Clearly this proposal is not located close to the business precinct of Ganmain. In contrast, a further objective of the same policy states “Promote and



encourage commercial and industrial development within Coolamon Shire.” Cl. 28.2 – Setback – No minimum setback is specified however Council’s policy states that “Where a front setback has been provided, the setback area should be avoided for loading and unloading operations.” The current proposal is to use the front of the building for loading and unloading although the applicant has the option of doing so at the rear of the building by directing vehicles along the north side of the building to the rear. This policy is more directed towards commercial business districts and so perhaps is not so applicable in this case. Some input and direction from Council regarding whether to insist on rear unloading. Cl. 28.4 – Traffic Movement, Parking and Loading/Unloading Areas – The proposal generally complies with the requirements of the policy or have been previously dealt with and discussed in earlier sections of this report. The following requirements of the policy need to be highlighted and will be the subject of additional conditions of consent:

Vehicular entry and exit in a forward direction.

Internal manoeuvring and parking areas to be hard wearing and dust free.

Cl. 28.5 – External Signage – see earlier comments under Cl. 17 – Signage. This clause also specifies the details to be submitted when seeking approval for signage ie colour image, site plan or elevation of building façade, location and size. Cl. 28.8 – Other Considerations – Most of these policy provisions meets Council’s requirements with the following exceptions not specifically covered:

Fire Safety – A condition will be applied to the consent regarding the installation and maintenance of fire services in accordance with the Building Code of Australia.

Disabled Access – A condition will be applied drawing the applicant’s attention to the need for the building to be accessible from the main entrance.

Overall compatibility with surrounding land uses – The proposal comprises a commercial use in a



residential area. Proposed hours of operation are 7am to 5pm Monday to Friday so minimal disturbance to neighbours is expected. No noise generating activity aside from deliveries and smaller vehicle movements are anticipated however a general condition will be applied requiring the maintenance of amenable conditions.

1 (a) (iiia) Planning agreement or draft planning agreement under 93F

Not applicable

1 (a) (iv) The Regulations

Nil

1 (a) (v) Coastal zone management plan

Not applicable

1 (b) Likely impacts of the development including:

Environmental impacts on natural environment

Potential Negative Environmental Impacts and means of minimising them are: During Construction:

Noise from construction activities. Restrict the hours of construction and specify a maximum noise level above background at the nearest affected residence.

Soil and sediment movement off site. Require sediment controls to be in place during construction and restrict work to dry weather.

Post Construction:

Noise, dust and electrical interference from business activities. A general condition will be placed on the consent requiring these to be managed such that no nuisance occurs.

Environmental impacts on built

There are no anticipated impacts on the built environment.

Social impacts on locality

No changes are expected on the social impacts of the locality.

Economic impacts on locality

Improvements are expected on the economic impacts of the locality due to the contribution to the economy in terms of purchase of building materials and trades plus ongoing business activity and employment.



1 (c) Suitability of the site

The proposed site is suitable being flat with no vegetation. It is appropriately zoned. There are some drainage issues which may require council to address to ensure storm water drains from the locality.

1 (d) Submissions made

No submissions were received.

1 (e) The public interest

The public interest is expected to be unchanged subject to compliance with the proposed conditions of consent.

Recommendation That Council approve Development Application 25/2016 subject to the following conditions: 1. For the purpose of inspection, twenty-four (24) hours’ notice must be

given to the Principal Building Surveyor in respect of the following works for reasons of required inspections:-

i) Footing; ii) Internal and external sanitary drainage; iii) Slab and other Steel Reinforcement*; iv) Frame (including subfloor where applicable); v) Wet area waterproofing; vi) Stormwater; vii) Final prior to occupation.

*NOTE: Due to the close proximity of the building setback to side boundaries and the strict fire separation requirements of the BCA, at the time of slab inspection, the proponent shall provide confirmation that the slab set out and boxing is in conformance with the approved side boundary setbacks. This shall be via either a) certification by a registered surveyor or b) string line using registered surveyor installed pegs.

2. Building and construction materials, plant, equipment and the like are not

to be placed or stored at any time on Council’s footpath or roadway.

3. Site signage shall apply, and must be erected on the site in a prominent, visible position, stating that unauthorised entry to the site is not permitted. It should show the name of the builder or another person responsible for the site and a telephone number at which the builder or other persons can be contacted outside working hours. Any structures erected to meet requirements of this condition must be removed when it is no longer required for the purposes for which it was erected.



SITE MANAGEMENT CONDITIONS 4. Provision shall be made on site for the proper storage and disposal of waste

such that no builder’s waste shall be left in the open. Specific attention should be given to items which are subject to relocation by the action of wind, e.g. paper, sheets of iron, ridge capping, cement and lime bags and the like.

5. The lot is to be provided with an all-weather access. This access shall be

constructed from the existing road network to the property boundary and at no cost to Council. The access shall be constructed to ensure that no road side drainage flows are affected or impeded. Construction of this access shall be at Council consent after submission and approval of the appropriate application. Please note that this access may require the removal of trees from the road reserve. Tree removal will be at the cost of the proponent and shall not occur without consultation with and the prior permission of Council.

6. External paths and ground surfaces adjoining walls of the proposed building

shall be graded away from same in such a manner that water runoff does cause a nuisance to the building or adjoining lands.

7. Stormwater from the building and rainwater tank shall be discharged to the

roadside table drain. The outlet of any stormwater pipe shall be provided with concrete or other suitable protection from damage. Due to local problems with run off gradients and drainage discharge, the proponent is strongly advised to consult with Council’s Engineering Department to discuss stormwater disposal prior to carrying out any work.

8. The proponent shall ensure that the frontage of the site is landscaped to Council’s satisfaction.

9. Prior to the commencement of the relevant works the applicant must

submit to Council for approval:

i) Engineer certification for the submitted footings and framing designs. ii) Proposed amenities layout in conformance with AS 1428.1 Design for

access and mobility. iii) A Fire Services plan iv) A landscape plan for the site.



PLUMBING & DRAINAGE CONDITIONS 10. Where new or replacement hot water systems are installed, the system

must deliver hot water to a maximum of 50 C to all outlets within the building that are to be set aside for personal hygiene.

11. Plumbing and drainage installation and alterations shall be carried out in


For the purpose of complying with these standards inspections

shall be carried out: 1. When all internal plumbing work is installed and prior to

concealment. 2. When all external plumbing work is installed and prior to

backfilling. 12. The finished floor level shall be minimum of 150mm above the surcharge

gully on the sewer or septic tank and the surcharge gully shall be at least 150mm above the natural ground level.

HEALTH & AMENITY CONDITIONS

13. The door to a fully enclosed sanitary compartment must: i) open outwards ii) slide or iii) be readily removable from the outside of the compartment, unless

there is a clear space of at least 1.2 metres between the closet pan within the sanitary compartment and the nearest part of the doorway.

14. Minimum facilities must be provided in accordance with the following:

WC Urinal Washbasin

Disabled 1 Unisex facility including a washbasin & shelf

15. All wet areas including shower rooms, slop hopper or sanitary

compartments must be water-resistant or waterproof in accordance with AS 3740 and the requirements of F 1.7 of the National Construction Code (formerly the Building Code of Australia).



TRAFFIC AND ACCESS 16. All deliveries shall be via the front access to the property. 17. Vehicles shall enter and exit the property in a forward direction. 18. Unloading of vehicles shall occur at the rear of the building. 19. Access driveways, manoeuvring and parking areas shall be constructed of

hard wearing, dust free material. 20. Parking spaces shall be clearly delineated. APPROVED USE

21. This approval is for the construction of a shed and office for the purposes

of electrical contracting business and associated operations. Any changes to the approved use will require the full consent of Council.

DISABILITY & ACCESS CONDITIONS

22. Provision shall be made in the building and onsite for:

i) Access to the building for people with disabilities in accordance

with the National Construction Code (formerly the Building Code of Australia).

ii) Toilet facilities for people with disabilities in accordance with the

National Construction Code (formerly the Building Code of Australia), such facilities shall be accessible to persons working in or using the building, and in accordance with this requirement.

iii) One motor vehicle parking space on the site for the exclusive use of

people with disabilities. This parking space must have a direct path to the building and all required accessible areas complying with AS1428.

23. Any ramp and entry to the toilet shall comply with the requirements of AS

1428. This must include all appropriate gradients and any associated railings.

24. All internal areas, structures and access shall comply with the

requirements of AS1428 Design for Access and Mobility.



FIRE SAFETY CONDITIONS

25. The owner shall submit to Council a Final Fire Safety Certificate stating that each essential fire safety measure specified in the current Fire Safety Schedule for the building to which the certificate relates:

i) Has been assessed by a properly qualified person, and ii) Was found, when assessed, to be capable of performing to a

standard not less than that required by the current Fire Safety Schedule for the building.

Further, the assessment is to be carried out within a period of three (3) months of the date on which the Final Fire Safety Certificate was issued. The owner of the building shall forward a copy of the Certificate to the NSW Fire Brigades and also prominently display a copy in the building.

Note: A Final Safety Certificate must be provided before a Final Occupation Certificate can be issued for the building.

26. The building is to comply with the attached Fire Safety Schedule. 27. The owner shall submit to Council an Annual Fire Safety Statement each

twelve months after the Final Safety Certificate was issued.

28. The southern wall of the building shall be constructed of material that has a minimum FRL of 90/90/90. Evidence of compliance with the method of FRL must be provided to Council. The person installing any proprietary system shall provide certification that the installation meets the requirements of the manufacturer.

29. All exits must not incorporate a step or ramp at any point closer to

doorway than the width of the door leaf.

30. Exit doors are to have a minimum height of 2000mm and a minimum width of 750mm.

31. An exit door must not be blocked at the point of discharge and where

necessary, suitable barriers must be provided to prevent vehicles from blocking the exit, or access to it.

32. A door forming part of a required exit must be readily openable without a

key from the side that faces a person seeking egress, by a single hand downward action or pushing action on a single device which is located between 900mm and 1200mm from the floor.



33. Portable fire extinguishers containing an extinguishing agent suitable for the risk being protected must be installed in accordance with AS 2444. Whilst the building is under construction not less than 1 extinguisher to suite Class A, B and C fires and electrical fires must be provided at all times adjacent to each required exit.

34. An emergency lighting system is to be installed in accordance with AS

2293.1.

35. Exit signs are to be installed over each required exit in accordance with AS 2293.1.

36. The early fire hazard indices of materials and assemblies must comply with

Specification C1.10 of the Building Code of Australia. COMMERCIAL CONDITIONS

37. Signage, advertising or notices associated with this development must be

submitted to and approved by Council prior to installation or erection. COMMUNITY AMENITY CONDITIONS

38. The development shall not interfere with the amenity of the neighbourhood by reason of the omission of noise, vibrations, smell, fumes, smoke, vapour, steam, soot, ash, dust or water waste, waste products or grit, oil or any other form of pollution that may affect the neighbouring amenity.

39. Construction work shall take place during normal working hours, namely


40. Any open storage areas associated with the operation of the club shall be

maintained in a neat and tidy condition at all times. Any storage that cannot be adequately maintained in this condition must be screened from the street frontage.

41. The approved hours of operation are 7am to 5pm Monday to Friday. Any

variation to these hours requires the separate approval of Council. 42. Compliance with conditions marked in red on the stamped approved plans.



43. The applicant is to obtain an Occupation Certificate pursuant to Section 109C of the EP&A Act 1979, as amended, from either Council or an Accredited Certifying Authority at the completion of the works to certify that works have been completed in accordance with the applicable standards of this consent.

44. Prior to the granting of occupancy the applicant must submit to Council

certification from a suitably qualified body or individual (i.e. Structural Engineer) in respect of the following works:

a. Wet area waterproofing b. Hot & cold water c. Compliance of the building with Part J of the BCA in terms of energy

efficiency

RESOLVED on the motion of Clr Huxtable and seconded by Clr Brill that Council approve Development Application 25/2016 subject to the following conditions:

180/08/2016 1. For the purpose of inspection, twenty-four (24) hours’ notice must be

given to the Principal Building Surveyor in respect of the following works for reasons of required inspections:-

i) Footing; ii) Internal and external sanitary drainage; iii) Slab and other Steel Reinforcement*; iv) Frame (including subfloor where applicable); v) Wet area waterproofing; vi) Stormwater; vii) Final prior to occupation.

*NOTE: Due to the close proximity of the building setback to side boundaries and the strict fire separation requirements of the BCA, at the time of slab inspection, the proponent shall provide confirmation that the slab set out and boxing is in conformance with the approved side boundary setbacks. This shall be via either a) certification by a registered surveyor or b) string line using registered surveyor installed pegs.

2. Building and construction materials, plant, equipment and the like are

not to be placed or stored at any time on Council’s footpath or roadway.

3. Site signage shall apply, and must be erected on the site in a prominent, visible position, stating that unauthorised entry to the site is not permitted. It should show the name of the builder or another person



responsible for the site and a telephone number at which the builder or other persons can be contacted outside working hours. Any structures erected to meet requirements of this condition must be removed when it is no longer required for the purposes for which it was erected.

SITE MANAGEMENT CONDITIONS

4. Provision shall be made on site for the proper storage and disposal of

waste such that no builder’s waste shall be left in the open. Specific attention should be given to items which are subject to relocation by the action of wind, e.g. paper, sheets of iron, ridge capping, cement and lime bags and the like.

5. The lot is to be provided with an all-weather access. This access shall be

constructed from the existing road network to the property boundary and at no cost to Council. The access shall be constructed to ensure that no road side drainage flows are affected or impeded. Construction of this access shall be at Council consent after submission and approval of the appropriate application. Please note that this access may require the removal of trees from the road reserve. Tree removal will be at the cost of the proponent and shall not occur without consultation with and the prior permission of Council.

6. External paths and ground surfaces adjoining walls of the proposed building shall be graded away from same in such a manner that water runoff does cause a nuisance to the building or adjoining lands.

7. Stormwater from the building and rainwater tank shall be discharged to the roadside table drain. The outlet of any stormwater pipe shall be provided with concrete or other suitable protection from damage. Due to local problems with run off gradients and drainage discharge, the proponent is strongly advised to consult with Council’s Engineering Department to discuss stormwater disposal prior to carrying out any work.

8. The proponent shall ensure that the frontage of the site is landscaped to Council’s satisfaction.

9. Prior to the commencement of the relevant works the applicant must submit to Council for approval:

i) Engineer certification for the submitted footings and framing

designs.



ii) Proposed amenities layout in conformance with AS 1428.1 Design for access and mobility.

iii) A Fire Services plan iv) A landscape plan for the site.

PLUMBING & DRAINAGE CONDITIONS 10. Where new or replacement hot water systems are installed, the system

must deliver hot water to a maximum of 50 C to all outlets within the building that are to be set aside for personal hygiene.

11. Plumbing and drainage installation and alterations shall be carried out in


For the purpose of complying with these standards inspections

shall be carried out: 1. When all internal plumbing work is installed and prior to

concealment. 2. When all external plumbing work is installed and prior to

backfilling.

12. The finished floor level shall be minimum of 150mm above the surcharge gully on the sewer or septic tank and the surcharge gully shall be at least 150mm above the natural ground level.

HEALTH & AMENITY CONDITIONS

13. The door to a fully enclosed sanitary compartment must: i) open outwards ii) slide or iii) be readily removable from the outside of the compartment, unless

there is a clear space of at least 1.2 metres between the closet pan within the sanitary compartment and the nearest part of the doorway.

14. Minimum facilities must be provided in accordance with the following:

WC Urinal Washbasin

Disabled 1 Unisex facility including a washbasin & shelf

15. All wet areas including shower rooms, slop hopper or sanitary

compartments must be water-resistant or waterproof in accordance with



AS 3740 and the requirements of F 1.7 of the National Construction Code (formerly the Building Code of Australia).

TRAFFIC AND ACCESS 16. All deliveries shall be via the front access to the property. 17. Vehicles shall enter and exit the property in a forward direction. 18. Unloading of vehicles shall occur at the rear of the building. 19. Access driveways, manoeuvring and parking areas shall be constructed of

hard wearing, dust free material. 20. Parking spaces shall be clearly delineated. APPROVED USE 21. This approval is for the construction of a shed and office for the purposes

of electrical contracting business and associated operations. Any changes to the approved use will require the full consent of Council.

DISABILITY & ACCESS CONDITIONS

22. Provision shall be made in the building and onsite for:

i) Access to the building for people with disabilities in accordance

with the National Construction Code (formerly the Building Code of Australia).

ii) Toilet facilities for people with disabilities in accordance with the

National Construction Code (formerly the Building Code of Australia), such facilities shall be accessible to persons working in or using the building, and in accordance with this requirement.

iii) One motor vehicle parking space on the site for the exclusive use

of people with disabilities. This parking space must have a direct path to the building and all required accessible areas complying with AS1428.

23. Any ramp and entry to the toilet shall comply with the requirements of

AS 1428. This must include all appropriate gradients and any associated railings.

24. All internal areas, structures and access shall comply with the

requirements of AS1428 Design for Access and Mobility.



FIRE SAFETY CONDITIONS

25. The owner shall submit to Council a Final Fire Safety Certificate stating that each essential fire safety measure specified in the current Fire Safety Schedule for the building to which the certificate relates:

i) Has been assessed by a properly qualified person, and ii) Was found, when assessed, to be capable of performing to a

standard not less than that required by the current Fire Safety Schedule for the building.

Further, the assessment is to be carried out within a period of three (3) months of the date on which the Final Fire Safety Certificate was issued. The owner of the building shall forward a copy of the Certificate to the NSW Fire Brigades and also prominently display a copy in the building.

Note: A Final Safety Certificate must be provided before a Final Occupation Certificate can be issued for the building.

26. The building is to comply with the attached Fire Safety Schedule. 27. The owner shall submit to Council an Annual Fire Safety Statement each

twelve months after the Final Safety Certificate was issued.

28. The southern wall of the building shall be constructed of material that has a minimum FRL of 90/90/90. Evidence of compliance with the method of FRL must be provided to Council. The person installing any proprietary system shall provide certification that the installation meets the requirements of the manufacturer.

29. All exits must not incorporate a step or ramp at any point closer to

doorway than the width of the door leaf.

30. Exit doors are to have a minimum height of 2000mm and a minimum width of 750mm.

31. An exit door must not be blocked at the point of discharge and where

necessary, suitable barriers must be provided to prevent vehicles from blocking the exit, or access to it.

32. A door forming part of a required exit must be readily openable without

a key from the side that faces a person seeking egress, by a single hand downward action or pushing action on a single device which is located between 900mm and 1200mm from the floor.



33. Portable fire extinguishers containing an extinguishing agent suitable for the risk being protected must be installed in accordance with AS 2444. Whilst the building is under construction not less than 1 extinguisher to suite Class A, B and C fires and electrical fires must be provided at all times adjacent to each required exit.

34. An emergency lighting system is to be installed in accordance with AS

2293.1. 35. Exit signs are to be installed over each required exit in accordance with

AS 2293.1. 36. The early fire hazard indices of materials and assemblies must comply

with Specification C1.10 of the Building Code of Australia.

COMMERCIAL CONDITIONS

37. Signage, advertising or notices associated with this development must be submitted to and approved by Council prior to installation or erection.

COMMUNITY AMENITY CONDITIONS 38. The development shall not interfere with the amenity of the

neighbourhood by reason of the omission of noise, vibrations, smell, fumes, smoke, vapour, steam, soot, ash, dust or water waste, waste products or grit, oil or any other form of pollution that may affect the neighbouring amenity.

39. Construction work shall take place during normal working hours, namely


40. Any open storage areas associated with the operation of the club shall be

maintained in a neat and tidy condition at all times. Any storage that cannot be adequately maintained in this condition must be screened from the street frontage.

41. The approved hours of operation are 7am to 5pm Monday to Friday. Any

variation to these hours requires the separate approval of Council. 42. Compliance with conditions marked in red on the stamped approved

plans.



43. The applicant is to obtain an Occupation Certificate pursuant to Section 109C of the EP&A Act 1979, as amended, from either Council or an Accredited Certifying Authority at the completion of the works to certify that works have been completed in accordance with the applicable standards of this consent.

44. Prior to the granting of occupancy the applicant must submit to Council

certification from a suitably qualified body or individual (i.e. Structural Engineer) in respect of the following works:

a. Wet area waterproofing b. Hot & cold water c. Compliance of the building with Part J of the BCA in terms of energy

efficiency The Mayor called for a division. Those voting in favour of the recommendation: All those present Those voting against the recommendation: Nil

ADJOURNMENT

RESOLVED on the motion of Clr Huxtable and seconded by Clr McCann that Council resolve into Committee of a Whole for the purpose of considering confidential matters as listed in the Committee of a Whole agenda for the reason that such matters are considered to be of a confidential nature and in accordance with Council's policy thereto. 181/08/2016

Council adjourned at 3.55pm into Committee of a Whole and reconvened at 4.05pm.

5) RECOMMENDATIONS OF A COMMITTEE OF A WHOLE MEETING HELD

18TH AUGUST, 2016. RESOLVED on the motion of Clr McCann and seconded by Clr Maslin that the Recommendations of the Committee Meeting held 18th August, 2016 be adopted. 182/08/2016



6) REPORTS: DELEGATES/MAYOR/COUNCILLORS

The Mayor took the opportunity to acknowledge and thank those Councillors who would not be seeking re-election. Mayor Seymour noted the work undertaken by Clr Brill (12 years), Clr Beard (8 years) and Clr Huxtable (4 years) and thought that each Councillor represented both their Communities and the Shire as a whole very well. The Mayor thanked them for their support and valuable input into the operations of Council over their time as Elected Representatives. Whilst understanding their individual reasons for not re-standing for election, they will be sorely missed as worthwhile contributors, particularly during the last four challenging years of Local Government Reform. Clrs Brill, Beard and Huxtable each took the opportunity to thank the other Councillors and Staff for their support during their terms and indicated that they enjoyed the teamwork and comradery that produced real outcomes on the ground and believe their communities were better off as a result of their time on Council.

Meeting Closed at 4.18pm

Confirmed and signed during the Meeting held this 22nd day of September, 2016.

...................................................... MAYOR

THE COUNCIL OF THE SHIRE OF COOLAMON · Michelle Roberts. Recommendation That Council award the...

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