GENERAL MANAGER · project connecting Redcliffe to the Caboolture (Brisbane) rail line 12.6Km dual...

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Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 17 July 2012 commencing 6.00pm.

1GENERAL MANAGER

Councillor G D Wall 1. AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION – NATIONAL GENERAL

ASSEMBLY REPORT EF08/230

Précis: To update Councillors and Staff regarding the Australian Local Government Association – National General Assembly held in Canberra from the 17 June – 20 June 2012.

*********** Background On the 17 - 20 June 2012, the General Manager and I attended the Australian Local Government Association – National General Assembly at the National Convention Centre in Canberra. Most speakers were informative and of interest. Of particular note were the presentations from the Minister for Regional Australia, Local Government, Arts and Sport, the Hon Simon Crean MP; Leader of the Greens, Senator Christine Milne and Shadow Minister for Regional Development, Local Government and Water, Senator Barnaby Joyce. The Constitutional Recognition Panel session, comprising of panel members; Dr. Keith Suter, Mr. Jim Soorley AM, Professor George Williams and ALGA President Mayor Genia McCaffrey provided a key note message that for a Constitutional Recognition Referendum to be successful it is incumbent on every LG Council throughout the Nation to fully engage their communities. The message was; “this has to be done by implementing a Community engagement program to capture each and every organisation and community group in each of our LGA’s”. Copies of all the keynote speakers and PowerPoint presentations are available for Councillors to view at http://www.alga.asn.au/?ID=6515 On Tuesday 19 June, Concurrent Symposium Sessions were held. I attend the “Planning: The Opportunities & Challenges” Session, with the General Manager attending the “Local Government & Major Transport Infrastructure Projects” session. Planning: The Opportunities & Challenges Session -: This concurrent session focused on the importance of planning in shaping the places where we live and work. It highlighted LG’s important role in planning and development assessment within the legislative directions given to it by the state jurisdiction. A question I asked of the expert panel revolved around the NSW Governments recent Draft Strategic Regional Land Use Plans (New England & Upper Hunter) and disappointment in both documents in that they failed to use land classifications in line with the SI LEP definitions and did not use scientific based evidence to identify Strategic agricultural land or areas considered to be of high environmental protection. The panel advised that due to conflicting policy objectives by the NSW Government and Commonwealth, these types of issues have to be dealt with at the State level and it is Local Government’s responsibility to challenge the various State Governments in having consistent land classifications and lands identified based on best practice and scientific evidence. Local Government & Major Transport Infrastructure Projects session -: This concurrent session considered the role LG has in land use planning and development in all jurisdictions across Australia. In the context of strategic planning at a local level, transport is becoming increasingly important especially in urban areas faced with growing congestion problems and councils have to consider the options in providing for alternative modes of transport. The General Manager commented that both case studies discussed how local government in other States is part funding major infrastructure projects in conjunction with the Queensland Government and Infrastructure Australia. The Gold Coast City Council light rail project Stage

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21 from Griffith University through Southport down to Broadbeach is a $949 Mil project of which $120Mil is being contributed by GCCC. The other project presented was by Moreton Bay Regional Council which is a heavy rail project connecting Redcliffe to the Caboolture (Brisbane) rail line 12.6Km dual track rail with 6 stations to be constructed along the corridor. The project was picked up under the nation Building Program cost estimate $1.147Bil of which $105Mil is coming from Local Government. The project has been on the Queensland Government books since 1889, the growth of the region (current population 380,000 predicted to rise to 500,000 by 2031) where 50% of the working population commute outside the region were major factors that influenced the Councils decision. As I implied, the Presentations, Key Note Speakers and Discussion Panels were informative and interesting. Some of the discussion papers and presentations are quite relevant and insightful regarding matters that will impact Dungog Shire and I would urge all Councillors to read the information provided at the ALGA website. I would ask particular attention is paid to the following presentations-:

1. The Ernst & Young report Strong foundations for sustainable local infrastructure sets out a number of recommendations for funding future local infrastructure needs. The report makes recommendations on: how councils can leverage existing funding sources for investment in new

infrastructure improving councils' access to finance, and helping councils identify and develop infrastructure.

2. Australian Government Productivity Commission report: Local Government as a

Regulator-: Final Report to be handed to the Government on the 04 July 2012 and available on the Productivity Commission website mid July.

3. Minister for Regional Australia, Local Government, Arts and Sport – Review of the

Financial Assistance Grant. Terms of Reference to be released shortly. Note – TOR will not include increased FAG funding levels.

4. Professor George Williams – Constitutional Recognition Update-: Fundamental objectives. The pitch is crucial. If Australians are asked to vote yes to recognising local

government in the Constitution, then the referendum will likely fail. If, instead, Australians are asked to fix a flaw in the Constitution to ensure that local government can get the money it needs to continue to provide vital community services such as roads, libraries and childcare centres, there is every chance of achieving a Yes vote.

Financial There are no financial implications with regards to this report. Consultative The resolutions from the NGA are now available on the ALGA website should Councillors wish to peruse the resolutions from the Assembly. RECOMMENDATION That the report be received and the information noted.

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3Craig Deasey

2. LOCAL GOVERNMENT ELECTIONS EF11/57 Precis: Providing Councillors with an update on matters relating to the Local Government Elections.

*********** Councillors in recent weeks there has been several Circulars issued by the Division of Local Government in relation to the local government elections two of the Circulars (12-19, 12-20) are attached for Councillors information. Circular 12-19 outlines the caretaker provisions that take effect on 10 August 2012. Circular 12-20 is a reminder of the obligations of Council officials in relation to the use of Council resources and more importantly the potential for Council publications to be considered electoral material. The Division of Local Government has requested that I bring these matters to your attention. The Electoral Commissioner has also advised Council of the appointment of the returning officer Ms Leanne Maunder who will be administering the conduct of elections in the Dungog, Gloucester and Great Lakes local government areas. An office manager Mr Russell Donnelly has also been appointed, the office manager is expected to be the substitute returning officer should the need arise. The returning officer will be based in the Great Lakes LGA and has recently met with Council officers to run through matters in relation to the conduct of the election. The polling booths for the election have been determined with only five venues (Dungog Public School, Clarence Town Public School, Gresford School of Arts, Paterson Public School, Vacy Public School) with pre-poll voting to be available at the Council Chambers. The Electoral Commissioner has provided Council with a preliminary estimate of costs, however that estimate excludes the costs of manning the pre-poll location and all local advertising costs. With the reduction in polling booths and taking into account estimates provided the election cost will be within the Councils budgeted estimate. The Electoral Commissioner has also advised that they do not require an advance payment towards the conduct of elections and that Councils will be invoiced by the end of January 2013. Nominations open on Monday 30 July 2012 and close at 12.00 Noon on Wednesday 8 August 2012. Pre-poll voting opens on Monday 27 August 2012 and will close at 6.00pm on Friday 7 September 2012. IMPLICATIONS NIL report is for information purposes only. RECOMMENDATION That the report be received and the information noted.

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3. FUNDING EMERGENCY SERVICES EF08/142 Precis: Reporting on the release of a discussion paper on the funding of emergency services.

************ Treasurer, Mike Baird and Minister for Police and Emergency Services, Michael Gallacher have released a discussion paper on funding options for emergency services. A copy of the Funding our Emergency Services discussion is provided for Councillors information as a separate attachment. Key points from the discussion paper include:

· Funding for emergency services currently comes from three sources, with the bulk of funding (73.7 per cent) provided by a tax on insurance companies, while the remainder of the funds are provided by local governments (11.7 per cent) and the State Government (14.6 per cent).

· The current system has serious weaknesses and is economically inefficient. Taxing

insurance increases the price of insurance and can lead some people to under-insure and others not to insure at all.

· The system is also unfair because people who are either not insured or are under-

insured do not contribute to the funding of our emergency services, but still receive the same coverage as those who do pay insurance.

· A better and fairer system would spread the costs across the whole community.

· Recent reviews of the state tax system, including the Henry Tax Review, have

recommended NSW moves to a property based levy to fund the emergency services.

· All other mainland states either fund their emergency services using a property levy or are moving to do so.

This is by no means the first review of emergency services funding, the Local Government & Shires Association supports the review and the need for a scheme that removes the current inequities associated with the funding of emergency services. IMPLICATIONS Financial Council contributes through the budget allocation process to the SES, NSW Fire Brigade and the NSW Rural Fire Service this is aside from the fire service levies that the Council also contributes as part of the annual insurance premium. Accordingly all premises do indirectly contribute to the emergency services through their Councils rates. Consultative The public consultation period will run for three months through to 8 October. RECOMMENDATION 1. That the report be received and noted. 2. That Council supports the introduction of a property based Emergency Services Levy.

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5Craig Deasey

4. NSW INDEPENDENT LOCAL GOVERNMENT REVIEW PANEL EF12/56 Precis: Reporting on correspondence received.

********** Following the Destination 2036 conference in Dubbo last August, and a request by the Local Government and Shires associations to investigate structural arrangements in the context of the financial sustainability of councils across NSW, Local Government Minister Don Page announced in March 2012 the establishment of an independent expert panel to examine these issues. Over the next 12 months, the Independent Local Government Review Panel will be exploring new council structures, models and governance arrangements to strengthen communities in NSW. The Panel will be consulting with members of the community, councils and local government organisations to support its research and review. Professor Graham Sansom, director of the Australian Centre of Excellence for Local Government was appointed by the Minister for Local Government as the Chairperson, the Panel also includes experienced local government practitioners Ms Jude Munro AO, former CEO of four metropolitan councils in Victoria, South Australia and Queensland, and Mr Glenn Inglis, former General Manager of Tamworth Regional Council. The Panel will hold several rounds of community consultation in 2012-13 and will also review and commission research into local government models, structures and boundary changes. A final report will be presented to the Minister in July 2013. On 6 July 2012 the panel released a consultation paper which is included as a separate attachment for Councillors information. A link to the panels website has also been established on the Councils website. A meeting is to be held at Thornton in early August at this point in time the CEO of Hunter Councils is working on the co-ordination of that meeting as details become available the information will be disseminated to all Councillors. IMPLICATIONS Community The outcomes of the independent review panels findings will be a major contributing factor to the future structure of Local Government in NSW. Consultative Council will be at the table of the August meeting of the review panel. RECOMMENDATION That the report be received and noted.

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5. NSW LEGISLATIVE COUNCIL - ADEQUACY OF WATER STORAGES IN NSW EF09/39 Precis: Reporting on correspondence received from the Standing Committee on State Development.

*********** Council has received email correspondence advising that the NSW Legislative Council's Standing Committee on State Development is currently conducting an inquiry into the adequacy of water storages in NSW. The terms of reference for the Committee is as follows: a) the capacity of existing water storages to meet agricultural, urban, industrial and environmental needs, b) models for determining water requirements for the agricultural, urban, industrial and environmental sectors, c) storage management practices to optimise water supply to the agricultural, urban, industrial and environmental sectors, d) proposals for the construction and/or augmentation of water storages in NSW with regard to storage efficiency, engineering feasibility, safety, community support and cost benefit, e) water storages and management practices in other Australian and international jurisdictions, f) any other matter relating to the adequacy of water storages in NSW.

Submissions to the Inquiry are invited with the closing date for submissions being Friday, 3 August 2012. The following information has been provided as part of the email correspondence and is included for Councillors information:

The Committee will be holding a number of public hearings over the course of the inquiry. The first public hearing is scheduled for Monday, 20 August 2012 at Parliament House. Hearing details including dates and locations of future hearings will be published on the Committee's website as they become available. Submissions can be emailed to [email protected], faxed to 9230 2981, lodged via the Committee's website www.parliament.nsw.gov.au/statedevelopment or hard copies mailed to The Director, Standing Committee on State Development, Parliament House, Macquarie Street, Sydney NSW 2000. Background information about the Legislative Council committees and information about making a submission is enclosed to assist you with your submission. (Refer separate attachment) Please note that no one, including the author, may distribute the submission unless authorised by the Committee. Anyone who republishes a committee document apart from the Parliament or its Committees, is subject to the laws of defamation. Submissions are confidential until the Committee makes them public. If your submission contains information you do not wish to be made public, please mark it confidential. The Committee will consider all requests for confidentiality, but it is not obliged to keep a submission confidential if it determines that it is not in the public interest to do so.

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If you would like further information about the inquiry or making a submission, please do not hesitate to contact Ms Cathryn Cummins, Principal Council Officer on (02) 9230 3528. Please feel free to forward this information to any other interested parties. The Committee would greatly appreciate your contribution to this inquiry.

In view of the ongoing Tillegra Dam issue and the fact that the Local Government Area already has two water storage dams held for different purposes, Council has enough experience from what the community has endured throughout the Tillegra dam situation to at least provide an overview to the Standing Committee in relation to community impacts as a consequence of State Owned Corporations initiating projects without full consideration of the impacts. It is a matter where I will require a direction from Council as regards whether a corporate response is to be provided to the Inquiry or left to individuals to make their own submissions. IMPLICATIONS Community The report has been prepared to at least raise the attention of the Inquiry at a local level as I am not aware of how much media attention this Inquiry has generated within our community. RECOMMENDATION Submitted for Councils consideration.

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6. DIVISION OF LOCAL GOVERNMENT CIRCULARS EF08/142 Précis: Providing a summary of circulars that have been released by the Division of Local Government.

********** The following circulars have been released by the Division of Local Government and the intent of this report is to keep Councillors informed of changes and/or requirements that Council officers may be required to implement. The circulars themselves may be found on the Divisions website (www.dlg.nsw.gov.au). It is not the intent to reproduce such circulars but moreso provide them as a point of reference to Councillors should they wish to undertake further research. When there is a requirement to inform Councillors or designated officers of a matter correspondence and attachments will still be submitted to all Councillors in accordance with the requirements of the Director General of the Division of Local Government. Such circulars will be highlighted in bold text. The following Circulars have been released by the Division since 1 June 2012.

Date Circular No.

Details

06/06/12 12-16 Release of Destination 2036 Action Plan

06/06/12 12-17 Information about Rating for 2012/13

20/06/12 12-18 Councillor Induction and Professional Development – A Guide for Councils

25/06/12 12-19 September 2012 Local Government Elections – Caretaker Provisions

28/06/12 12-20 September 2012 Local Government Elections – Use of Council Resources and Electoral Material

Aside from Circulars there are numerous publications which are released upon the Divisions website. Publications issued since 1 June include: Analysis of Council Data Collection System for Seizures of Cats and Dogs 2010-2011, Councillor Induction and Professional Development – A Guide for Councils. IMPLICATIONS There are no implications associated with this report, information only. RECOMMENDATION That the report be received and the information noted.

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7. COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES Précis: Reporting on Minutes of Council Management Committee Meetings provided to Council.

********** The minutes of the following Management Committee Meeting are attached as Annexure ‘A’ to this report:

James Theatre Community Centre Meeting held 14 May 2012 Gresford School of Arts Hall Annual General Meeting held 20 June 2012 Gresford School of Arts Hall Meeting held 20 June 2012

IMPLICATIONS Financial There are no financial implications the report is for information purposes only. RECOMMENDATION That the minutes of the Management Committee Meetings be received and noted.

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

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lbrighton.dunFile AttachmentCFD 7 A.pdf

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8. MINUTES OF OUTSIDE ORGANISATIONS TO WHICH COUNCIL HAS AN APPOINTED DELEGATE Précis: Reporting on the minutes of outside organisations to which Council has an appointed delegate.

*********** The minutes of the following Outside Organisations are attached as Annexure ‘B’ to this report: Arts Upper Hunter Board Annual General Meeting held on 5 June 2012.

IMPLICATIONS There are no implications the report is for information purposes only. RECOMMENDATION That the draft minutes of the Arts Upper Hunter Board Annual General Meeting be received and noted.

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ANNEXURE ‘B’ TO ITEM NO. 8 – GENERAL MANAGERS REPORT

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lbrighton.dunFile AttachmentCFD 8 B.pdf

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9. CLOSED COUNCIL Précis: Report referring matters to Closed Council.

********** In accordance with the Local Government Act 1993 and the Local Government General Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Sec 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public. Set out below is Section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting. The matters and information are the following:

(a) personnel matters concerning particular individuals (other than Councillors)

(b) the personal hardship of any resident or ratepayer

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

(d) commercial information of a confidential nature that would if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor or the Council, or

(iii) reveal a trade secret

(e) information that would, if disclosed, prejudice the maintenance of law

(f) matters affecting the security of the Council, Councillors, Council staff or Council property

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege

(h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.

ITEM 1. GENERAL MANAGERS REPORT 1. JAMES THEATRE This item is classified CONFIDENTIAL under Sec 10A(2)(a) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:


This matter is classified confidential because it pertains to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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12ITEM 2. EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS REPORT 2. TENDER P02/2012 – SUPPLY AND DELIVERY OF MOTOR GRADER This item is classified CONFIDENTIAL under Sec 10A(2)(a) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:


IMPLICATIONS Legislative The matters are referred to in the context of Sec 10A(2) of the Local Government Act 1993. Consultative Members of the public are invited to make representations to the Council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed. RECOMMENDATION 1. That Council resolve into Closed Council to consider business identified, together

with any late reports tabled at the meeting. 2. That pursuant to section 10A (1)-(3) of the Local Government Act 1993, the media

and public be excluded from the meeting on the basis that the business to be considered is classified as confidential under the provisions of Sec 10A(2) as outlined above.

3. That correspondence and reports relevant to the subject business be withheld from

access to the media and public as required by Sec 11(2) of the Local Government Act 1993.

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1CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGER'S REPORT

Shaun Chandler 1. STATEMENT OF INVESTMENTS

EF08/220

Précis: Clause 212 of Local Government (General) Regulation 2005 requires a monthly report to Council outlining all money’s Council has invested under Section 625 of the Local Government Act.

********** The Statement of Investments as at 30 June 2012 incorporating the Responsible Accounting Officer's Certificate are attached as Annexure ‘A’. IMPLICATIONS Financial There are no financial, statutory, environmental, community or consultative implications associated with this report. RECOMMENDATION The report be received and information noted.

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

Investment Summary as at 30th June 2012 Institution Period

(days) Due Date Interest Total

I M B 91 17-Jul-12 5.80% $200,000.00I M B 91 28-Aug-12 5.15% $200,000.00I M B 91 11-Sep-12 5.00% $200,000.00I M B 91 11-Sep-12 5.00% $200,000.00I M B 92 19-Sep-12 5.00% $600,000.00M M B S 91 03-Jul-12 5.80% $300,000.00M M B S 91 10-Jul-12 5.80% $500,000.00M M B S 120 15-Aug-12 5.80% $500,000.00M M B S 120 22-Aug-12 5.70% $250,000.00M M B S 182 09-Oct-12 5.80% $500,000.00M M B S 181 29-Oct-12 5.75% $300,000.00NEWPERM 91 24-Jul-12 5.65% $200,000.00NEWPERM 91 24-Jul-12 5.65% $500,000.00NEWPERM 91 31-Jul-12 5.50% $250,000.00NEWPERM 91 28-Aug-12 5.10% $400,000.00N A B 91 06-Jul-12 5.70% $500,000.00N A B 122 29-Jul-12 5.92% $305,917.40N A B 90 30-Jul-12 5.50% $300,000.00N A B 90 11-Sep-12 5.09% $500,000.00N A B 183 05-Dec-12 5.20% $650,000.00N A B 183 13-Dec-12 5.15% $600,000.00N A B At Call At Call 3.50% $255,645.27M M B S 3652 31-May-15 4.94% FRN 92 days $500,000.00BENDIGO BAN 1826 09-Nov-12 4.9117% FRN 92 days $500,000.00

$9,211,562.67 Fund Amount General $8,521,405.23 Water $641,372.44 Sewer $48,785.00 $9,211,562.67 REPORT (Responsible Accounting Officer) I hereby certify that the above Investments have been made in accordance with the Local Government Act 1993, Local Government (General) Regulation 2005 and Council's Investment Policy. SL Chandler RESPONSIBLE ACCOUNTING OFFICER

lbrighton.dunFile AttachmentSLC 1 A.pdf

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Cheryl Hyde 2. WORKS COST STATEMENT

EF08/221 Précis: A selective summary of expenditures on capital works and maintenance expense areas within Council’s roads, bridges, cemeteries, toilets, parks and sports ground cost centres.

******** The Works Cost Statement for the period ending 30 June 2012 is attached as Annexure "B", with commentary provided for those items that have changed from the last works cost statement presented to Council. Councillors should note that year-end procedures result in some invoices for expenditure items received after 1 July being costed back to the 2011/12 financial year. This may result in a change to the levels of expenditure shown for some items included in the works cost statement. Maintenance expenditure votes for Urban Roads is slightly over budget, however the Urban Roads reseals vote remains well within budget compensating for this. Rural Roads Sealed Maintenance and Bridges Maintenance are both recording higher than budgeted expenditure, these overspends have been discussed with the Executive Manager – Infrastructure and Assets and will be reported on in the Engineering reports. The storm event experienced in June 2011 has resulted in Storm Damage expenditure being charged to 2012 Maintenance items for storm damage. Council is eligible to receive some compensation under the Natural Disaster Funding, for this expenditure. As previously reported the extended periods of rain and warmer weather has required increased mowing activities on Public Cemeteries resulting in higher levels of expenditure than budget. Sporting Grounds and Public Conveniences are both recording slightly higher than budgeted figures. All other maintenance items are within budget allocations and are in line with expected levels of expenditure. Regional Roads Maintenance figures are over budget, part of which is offset by the underspend on Regional Road Reseals and Traffic Facilities, the Executive Manager Infrastructure and Assets is preparing a report to council regarding the balance of this overspend. Capital works are at varying levels of completion and expenditure reflects such activity. The works progress report within the Infrastructure & Assets area provides further information on some items in this report including scheduled dates for commencement for individual projects and works undertaken in the prior month. IMPLICATIONS Financial – depending on the level of compensation received for the storm damage expenditure, Council may record overspends in some Maintenance areas, which may result in a reduction of some votes in the 2012/13 financial year. There are no statutory, environmental, community or consultative implications associated with this report. The report is for information purposes only. RECOMMENDATION That the Works Cost Statement for the period ending 30 June 2012 be received and noted.

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

Description Original Revised Expend Expend Expend % Vote Vote 30-Apr 31-May 30-Jun Spent

Urban Roads Maintenance 170,414 170,414 146,223 159,018 172,478 101% Urban Roads Heavy Patching 0 0 128 128 128 Urban Roads Reseals 70,653 113,982 70,283 88,290 88,290 77% Urban Roads Storm Damage 0 0 3,411 3,411 3,411 Rural Roads Sealed Maintenance 551,961 551,961 541,477 570,286 605,169 110% Rural Roads Reseals 302,926 302,926 275,613 275,613 275,613 91% Rural Roads Unsealed Maintenance 384,316 384,316 238,343 280,528 306,236 80% Rural Roads Unsealed Upgrades 59,717 59,717 0 0 6,568 11% Rural Roads Storm Damage 0 0 372,401 375,099 378,138 Bridges Maintenance 228,770 258,368 247,812 257,603 277,977 108% Bridges Storm Damage 0 0 22,169 47,532 47,532 Tree Planting & Maintenance 7,700 14,700 12,073 12,433 14,238 97% Traffic Facilities 53,485 76,873 12,448 12,521 13,528 18% Footpaths M & R 37,045 30,045 5,666 11,192 22,820 76% Sporting Grounds 57,290 69,164 63,213 66,910 70,674 102% Parks & Reserves 97,000 97,000 80,461 86,224 90,191 93% Parks & Reserves- Storm Damage 0 0 21,448 21,448 21,448 Public Conveniences 57,190 57,190 49,305 53,783 59,721 104% Public Cemeteries 32,490 32,490 27,756 34,312 39,157 121%

Total Maintenance Works 2,110,957 2,219,146 2,190,230 2,356,331 2,493,317 112%

Monthly percentage 100% Roads & Traffic Authority Regional Roads Maintenance 754,000 755,000 490,422 785,167 982,513 130% Regional Roads Reseals 180,000 180,000 103,882 103,882 103,882 58% Traffic Facilities 48,000 48,000 35,056 36,715 43,031 90% Regional Roads Storm Damage 0 0 57,224 57,224 61,638 RTA Grants - Repair/Auslink/Blackspot RR101 Sth of Hanley Crk - Stage 3 50,000 50,000 0 0 0 0% RR101 - Sth of Hanley Crk - Stage 2 350,000 350,000 3,696 73,906 226,140 65% MR01 King & Duke St Paterson 400,000 400,000 4,560 25,522 88,278 22% Roads to Recovery Funding RR128 Glendonbrook Rd Boundary stage 2 400,577 400,577 417,814 421,729 421,729 105%

Council FAG/Sec94/Flood Damage Bridge Construction Williams River Flood Channel 148,000 126,461 153,667 155,696 105% Wallaroo Bridge 67,000 2,819 7,058 8,925 13% Sheltons Bridge 180,000 180,000 0 0 0 0% Road Construction Wallarobba-Brookfield Rd - Ctown end 100,000 100,000 82,734 82,734 82,760 83% Allyn River Rd - FAG 330,000 330,000 299,604 299,604 301,233 91% Paterson River Road 0 326,250 7,520 7,520 7,520 2% Common Road 0 218,430 169,844 169,477 169,477 78%

Total Capital Works 2,792,577 3,553,257 1,801,636 2,224,205 2,652,822 75%

lbrighton.dunFile AttachmentSLC 2 B.pdf

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3Shaun Chandler

3. COUNCILLORS TRAVELLING & OTHER EXPENSES EF08/222

Précis: Report on Councillors travelling for Councillors information.

********** Hereunder is a list of meetings/inspections or business of Council held/to be held since the June Meeting of Council. Access Meeting 21/06/12 Dungog & District Liquor Accord Meeting 26/06/12 Meeting with Ministers Souris & Gay 26/06/12 Extra Ordinary Council Meeting 27/06/12 Tourism Advisory Committee Meeting 28/06/12 Community Safety Meeting 28/06/12 Coal Seam Gas Community Consultative Committee Meeting 28/06/12 Council Meeting 17/07/12 IMPLICATIONS There are no financial, statutory, environmental, community or consultative implications associated with this report. Council’s travelling costs are currently within budget. RECOMMENDATION That the report be received and information noted.

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4Cheryl Hyde

4. SUMMARY OF RATES & CHARGES COLLECTED EF08/261 Précis Reporting on the level of outstanding rates and charges as at 30 June 2012.

******** The table below highlights the total collectible, balance outstanding and percentage collected for each of the last 5 years for comparison purposes.

Year Total Collectible for

Year #

Balance Outstanding at

Year End

Percentage Collected

Percentage Outstanding

2012 $6,326,484 $310,452 95.09% 4.91% 2011 $5,982,553 $323,486 94.59% 5.41% 2010 $5,553,074 $300,703 94.58% 5.42% 2009 $5,296,474 $257,360 95.14% 4.86% 2008 $5,694,234 $254,255 95.53% 4.47%

# Total collectible includes the levy for that year and the uncollected amount brought forward from the prior year. The level of debt outstanding as a percentage has reduced over the 2011 year figure, and is considered to be at an acceptable level with only 4.91% of rates outstanding. This level of debt falls below the acceptable level of debt for a small rural Council’s of 5-8% of total collectable rates and charges as prescribed by The Division of Local Government in its analysis of Councils. The continued reduction in outstanding rates has been the result of the diligent efforts of Council’s Senior Revenue Officer, Helen Mammino, in debt recovery actions. Outstanding rates and charges as at 5 July 2012, is $298,307. A continuation of Councils current debt recovery process should keep the debt at an acceptable level and is likely to further improve Council’s position in the longer term. IMPLICATIONS There are no financial, statutory, environmental, community or consultative implications associated with this report. The report is for information purposes only. RECOMMENDATION That the report be received and the information noted.

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INFRASTRUCTURE & ASSETS DEPARTMENT EXECUTIVE MANAGERS REPORT

Nigel Atkins 1. WORKS PROGRESS REPORT EF08/208 Précis: Reporting on construction and maintenance works undertaken in June 2012.

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Works carried out during April 2012:- Road and Bridge Construction Melbee Subdivision - Public Utilities installation MR101 - Sth of Hanleys Ck - Road stabilised and primer seal applied MR101 - Paterson - Contract works continuing MR301 - Nth of Clarence Town - Rehabilitation works commenced MR301 - Wallaroo Ck Bridge - Contract works continuing Sealed Road Maintenance Tar Patching - RR7778, MR101, MR301, Glen William Road,

Pinebrush Road, Glen Martin Road, Black Camp Creek Road, Tanna Road, East Seaham Road, Dungog Streets

Heavy Patching - MR101 Shoulder Grading - Marshdale Road, Alison Road Drainage Maintenance - Alison Road, Wallarobba Brookfield Road, Dungog

Streets, Clarence Town Streets, Cemetery Road Vegetation Clearing - Allyn River Road, Fosterton Road Guidepost Maintenance - Fosterton Road, MR101, MR301 Unsealed Road Maintenance Gravel, Grade & Roll - Majors Creek Road, Marshdale Road, Wangat Trig

Road Gravel Patching - Torryburn Road, Summerhill Road Drainage Maintenance - Majors Creek Road Vegetation Clearing - Majors Creek Road Bridge, Concrete and Other Maintenance Works Quarry Safety Signage - Various sites Footpath Maintenance - Dungog Streets Causeway Maintenance - Webbers Creek Road Roadsides Roadside Slashing was undertaken on Lennoxton Road, Summerhill Road, RR7778, Clements Road, Torryburn Road, MR128

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Sporting Grounds:- No mowings undertaken Paterson Sportsground - Repairs to Septic Tank Lid Signage Installations - Barnes Oval, Reg Ford Oval, Clarence Town Reserve Parks/Reserves/Cemeteries:- No mowings undertaken Paterson Cemetery - Fence maintenance Major Works scheduled to be continued or commenced in the next 3 months:-

Attached as Annexure ‘A’ is a list of the major works scheduled for the forthcoming 3 months. IMPLICATIONS

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

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ANNEXURE ‘A’ TO ITEM NO. 1 - EXECUTIVE MANAGER INFRASTRUCTURE & ASSETS REPORT

Work Location / Description

Proposed Works Status

Melbee Subdivision Construction works to continue - Includes construction of the following Streets to 12m width:- 1. Rens Street from Baird Street

to 60m west of Melbee Circuit; and

2. The continuation of Melbee

Circuit to Rens Street.

Installation of power and communication conduits awaiting completion by Contractor. Retaining wall commenced. Rens Street Cul-de-sac to be completed.

MR101 - Williams River Flood Channel Bridge Replacement

Replacement of the existing Timber Bridge with Multi-cell Box Culverts

Road works complete. Final seal and guardrail to be installed.

MR301 – Wallaroo Creek Bridge Upgrade

Replace Timber super-structure with concrete planks and deck

Tendered works commenced. Completion in early August

Glendonbrook Road – Rehabilitation west of Gresford

Rehabilitation works to include widening the existing pavement to 7.5m.

Project has been sealed. Line marking and guardrail to be completed.

MR101 – Rehabilitation south of Hanleys Creek Road

Rehabilitation of a 1.0km section south of Hanleys Creek Road

Roadworks complete, primer seal applied. Guardrail to follow.

Dowling Street Upgrade – Brown Street Intersection

Works involve drainage repairs, concrete blister construction and pavement rehabilitation

Works on the southern sides have been delayed due to conflict with underground services.

MR101 – King & Duke Streets Paterson

Rehabilitation of King and Duke Streets from the railway crossing to Prince Street

Works commenced and scheduled to be completed by 20 July 2012.

MR301 – Earl Street to Woerdens Road

Reconstruction of Clarence Town Road. Works to include widening of existing pavement to 8.0m.

Works commenced June 2012.

lbrighton.dunFile AttachmentSWH 1 A.pdf

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Steve Hitchens 2. REGIONAL PROCUREMENT TENDER FOR THE SUPPLY AND DELIVERY OF

ROAD RESURFACING – T81112HUN EF08/290 Precis: Reporting on the Tender undertaken by Regional Procurement for the Supply and Delivery of Road Resurfacing – T81112HUN.

********** Regional Procurement recently called tenders for the Supply and Delivery of Road Resurfacing (Tender T811112HUN) for the twenty-three (23) month period commencing 1 August 2012 with provision allowed for a further twelve (12) month extension based on satisfactory supplier performance. Tenders closed 10.00am Tuesday 19 June 2012. Participating councils in this tender are: Cessnock City Council City of Newcastle Dungog Shire Council Gosford City Council

Mid-Western Regional Muswellbrook Shire Council Port Stephens Council Singleton Council

Lake Macquarie City Maitland City Council

Upper Hunter Shire

Dungog Shire Council participated in Category 1 - Bitumen Spray Seal section of the tender. The following three (3) Companies tendered for the Bitumen Spray Seal contract for Dungog Shire Council: Bitupave Ltd t/as Boral Asphalt Fulton Hogan

SRS Roads Pty Ltd

Tender evaluation methodology: The tender evaluation was undertaken by Steve Hitchens and Nigel Atkins from Dungog Shire Council and Peter Salafia and Leanne Roberts from Regional Procurement. The percentage weightings and criteria were agreed upon prior to the tender evaluation taking place. The evaluation result is determined by: Calculating the value of three (3) ‘sample’ projects relevant to Spray Bitumen works

on the following criteria:- o 20% - Sample new work - two coat seal; o 20% - Sample rubber reseal; o 10% - Sample primer seal.

The lowest amount for each ‘sample’ project was awarded the full Criteria percentage as per the following table

Each subsequent total value is then divided into the lowest total amount to obtain a score

The tenderer’s ability to meet specific requirements of the remaining evaluation criteria is as determined by the panel with reference to documentation provided by the tenderers and reference checks

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CRITERIA ALL CATEGORIES % BORAL FULTON HOGAN SRS Tender Price (3) Examples - 50% Example 1 - New Work 20 17.87 15.61 20.00 Example 2 - Rubber Reseals 20 17.60 16.21 20.00 Example 3 - Prime 10 9.08 7.91 10.00 Referees 10 9.00 7.93 9.60 Quality Assurance 10 10.00 10.00 9.00 WH&S 10 10.00 10.00 9.00 ESD 10 10.00 9.00 10.00 Physical Resources 10 9.00 8.00 10.00

Total 100 92.55 84.66 97.60 Ranking 2 3 1

IMPLICATIONS Financial Tendered pricing is in line with Council’s expectations and are marginally better than Council’s current pricing. Statutory In accordance with the Local Government (General) Regulation 2005 – Part 7 Tendering, where expenditure on a tender exceeds or is expected to exceed $150,000 over the term of the contract, a council must adopt by resolution a report accepting the tender recommendation. RECOMMENDATION 1. That the tenders of SRS Roads Pty Ltd, Bitupave Ltd t/as Boral Asphalt and Fulton

Hogan be accepted as panel tenderers to Dungog Shire Council in the order listed for the period 1 August 2012 to 30 June 2014;

2. That provision for a 12 month extension, based on satisfactory supplier performance, be

allowed which may take this tender through to 30 June 2015.

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Steve Hitchens 3. NOTICE OF STAFF RETIREMENT 105 Précis: Reporting on the pending retirement of Mr Allen Shrimpton, Council’s Road Safety Officer.

********** Mr Allen Shrimpton, Council's Road Safety Officer, will be retiring from Council with his last day being Wednesday 25 July 2012. Allen has performed a key role in Council's Infrastructure & Assets Department in his role as Road Safety Officer and in particular with his various projects and work with the community. In total, Allen has provided a service to the Dungog Shire community for a period of approximately 13½ years. Accordingly I take this opportunity to publicly recognise the efforts of Allen Shrimpton and to wish him well into the future.

IMPLICATIONS There are resourcing implications associated with this retirement which will need to be addressed. RECOMMENDATION That Council acknowledge the efforts of Mr Allen Shrimpton during his employment with Council.

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Steve Hitchens 4. MID NORTH WEIGHT OF LOADS GROUP EF08/110 Precis: Providing Council with the option of entering into a further membership term to employ Ordinance Inspectors as part of the Mid North Weight of Loads Group.

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The Mid North Weight of Loads Group was formed in 1986 and has performed a very crucial function in reducing the number of over-loaded heavy vehicles using local roads from both the enforcement and education perspective.. Council’s membership to the Mid North Weight of Loads Group expired on 30 June 2012 and Council needs to consider whether membership should be renewed. It should be noted that in a report to Council in April 2011, the ongoing viability of the group was being questioned. Current forecasts of income and expenditure would suggest that the position of the group has stabilised, however, whilst Council can nominate to continue membership for a period of up to four (4) years, I would recommend that Council does not over-commit to the group in the shorter term. Should Council resolve to continue it’s membership of this group, the fee for 2012/2013 is expected to be $13,596 – an increase of 3.6% over the 2011/2012 fee in line with CPI adjustments. IMPLICATIONS Financial The cost of membership for 2012/2013 is expected to be $13,596. There is an intangible benefit to Council through the reduction of overloaded vehicles on Council’s roads, which would lead to a reduction in Council’s road maintenance costs. RECOMMENDATION That Council agree to jointly employ Ordinance Inspectors with other Councils currently participating in the Mid North Weight of Loads Group for a further term of one (1) year effective from 1 July 2012.

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Steve Hitchens 5. RURAL ROADS BRIDGE MAINTENANCE EXPENDITURE EF08/199 Precis: This report provides detail on over-expenditure in Council’s Rural Road Bridges Vote.

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During the 2011/2012 financial year, Council has spent considerable funding on maintenance of some of the larger timber bridges within the shire. This includes, but is not limited to, the following:- Spooner Bridge - $115,000 – Completion of new pier set and associated girder and deck replacement; Torryburn Bridge - $35,000 – Repairs to abutment and piers. It should be noted that it is not uncommon for variances in expenditure on Timber Bridges from year to year due to degradation of the timber components. This is why Council has a Restricted Asset for bridge maintenance to which unexpended funds from the Bridge Maintenance Vote each year is applied. In a report to Council’s May Meeting, Councillors were advised of a predicted over-expenditure in the Rural Roads Bridge Maintenance vote due to unscheduled works to Woerdens Road bridge and the two timber bridges on Myall Creek Road. These essential works have resulted in expenditures exceeded budget allocations for the year by approximately $20,000. There is adequate funding available in the Restricted Asset for Bridge Maintenance and it is therefore requested that the over-expenditure be funded from this area. IMPLICATIONS Financial There are no financial implications of this report as the required funding is available from the Restricted Asset for Bridge Maintenance. RECOMMENDATION That over-expenditure in the 2011/2012 Rural Roads Bridge Maintenance vote be funded from the Restricted Asset for Bridge Maintenance.

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Steve Hitchens 6. RURAL SEALED AND UNSEALED ROADS MAINTENANCE EXPENDITURES EF09/79 Precis: This report provides detail on expenditures in Council’s Rural Sealed and Unsealed Roads Votes.

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During the 2011/2012 financial year, Council has spent considerable funding on maintenance and flood damage repairs across the Rural Road network. Current expenditures for maintenance on the Rural Road Network are as follows:- Job Location / Description Budget

Allocation Current

Expenditure Balance

Rural Roads Sealed Maintenance $551,961 $605,169 ($53,208) Rural Roads Reseals $302,926 $275,613 $27,313 Sub-Total – Sealed Roads $854,887 $880,782 ($25,895) Rural Roads Unsealed Maintenance $384,316 $306,236 $78,080 Rural Roads Unsealed Upgrades $59,717 $6,568 $53,149 Sub-Total – Unsealed Roads $444,033 $312,804 $131,229

It should be noted that as the Storm Damage Claim has not been fully assessed by the Roads and Maritime Service (RMS) at this stage, expended funding totalling $378,138 for Rural Roads Storm Damage is still outstanding. The total amount of the unfunded Storm Damage will be brought forward to 2012/2013. It is expected that the full amount will be funded. It should be noted that the majority of this work undertaken to date under storm damage was on the Rural Unsealed network hence the lower than expected expenditure in this area. It is therefore recommended that the over-expenditure in the Rural Sealed Roads Maintenance vote be funded from the under-expenditure in the Rural Unsealed Maintenance vote. IMPLICATIONS Financial There are no financial implications of this report as the required funding is available from the Rural Unsealed Maintenance vote. RECOMMENDATION That over-expenditure in the 2011/2012 Rural Roads Sealed Maintenance vote be funded from the Rural Unsealed Maintenance vote.

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Steve Hitchens 7. REGIONAL ROADS MAINTENANCE EXPENDITURE EF07/7 Precis: This report provides detail on expenditures in Council’s Regional Roads Votes.

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Maintenance During the 2011/2012 financial year, Council has spent considerable funding on maintenance and flood damage repairs across the Regional Road network. Current expenditures for maintenance on the Regional Road Network are as follows:- Job Location / Description Budget

Allocation Current

Expenditure Balance

Regional Roads Maintenance $755,000 $982,513 ($227,513) Regional Roads Reseals $180,000 $103,882 $76,118 Regional Roads Traffic Facilities $48,000 $43,031 $4,969 Regional Roads Storm Damage 0 $61,638 ($61,638) Totals $982,000 $1,191,064 ($209,064)

It should be noted that as the Storm Damage Claim has not been fully assessed by the Roads and Maritime Service (RMS), expenditure totalling $214,320 plus the allocated $61,638 (total $275,958) has not been funded by the RMS at this stage. The total amount of the unfunded Storm Damage will be brought forward to 2012/2013. If the full amount is received, the nett result in Council’s current expenditure on Regional Road Maintenance is $66,894 under expended. Capital Current expenditures on the various Capital Projects are as follows:- Job Location / Description Budget

Allocation Current

Expenditure Balance

MR101 – South of Hanleys Creek $400,000 $337,194 $62,806 The expenditure figure includes up-to-date invoicing with the remaining funds to be brought forward to 2012/2013 for guardrail installation. Job Location / Description Budget

Allocation Current

Expenditure Balance

MR128 – Glendonbrook Road $400,577 $437,749 ($37,172) The over-expenditure is to be funded from the Block Grant area. IMPLICATIONS Financial Financial implications will be dependent upon the overall assessment of Council’s Storm Damage Claim. A further report will need to be brought to Council once this funding is determined. RECOMMENDATION That the report be received and the information noted.

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1PLANNING DEPARTMENT MANAGERS REPORT

Kristy Cousins

1. PULVER COOPER & BLACKLEY LOT 3 DP 1143618, MARTINS CREEK ROAD, PATERSON MODIFICATION OF CONSENT TO DA 120/2009 EF07/92

Development Application No.: 120/2009 Owner: Brisbane Grove Rural Pty Ltd Applicant: Pulver Cooper & Blackley Land: Lot 3 DP 1143618, Martins Creek Road,

PATERSON Zoning: Rural Lifestyle 1(l) & Rural 1(a) Dungog LEP

2006 Proposed Zoning: R5 Large Lot Residential & E3 Environmental

Management Area: 96.7 hectares Proposal: Section 96 Application to modify consent No

120/2009 for 21 lot subdivision Issues: Public Submissions

******** PRÉCIS:

The following report considers a Section 96(1A) modification of consent application to Development Application 120/2009 to modify the staging of the subdivision by splitting Stage 3 into two smaller stages.

BACKGROUND The Development Application (DA) for a 21 lot subdivision of Lot 3 DP 1143618 was approved at the February 2010 Ordinary Meeting of Council. A modification of consent application to enable the release of the development in 3 stages, as well as a minor amendment to the intersection design and re-wording of condition 31 was approved under delegation on the 25 August 2010. A Subdivision Certificate was issued for Stage 1 of the development which created seven lots (6 rural lifestyle lots and the residual allotment) as well as the associated infrastructure on the 14 May 2012. This Subdivision Certificate was subject to a bond agreement for some outstanding civil works which at the time of writing this report had not been finalised. A copy of the approved Subdivision Plan is attached as Annexure ’A’.

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41 ANNEXURE ‘A’ TO ITEM NO. 1 – MANAGER PLANNING’S REPORT

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42

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43

lbrighton.dunFile AttachmentJT 1 A a.pdf

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2 Proposed Modification Council received a section 96(1A) Modification of consent application for DA 120/2009 on the 23 May 2012. This Section 96 Application seeks the following: 1. “Amendment to Staging” Stage 3 of the development currently consists of 7 allotments, being proposed Lots 21-27. This application proposes that Stage 3 will be developed in two separate stages, being Stages 3 and 4. Stage 3 is to consist of approved Lots 21-26, with Lot 27 to be Stage 4. No amendments are proposed to change the lot numbering… This modification has been proposed to facilitate land sales and financing of the development, through the completion of Stage 4 prior to the construction of Stages 2 and 3. Access to Lot 27 is to be via the existing property access from Martins Creek Road.” Planners Comment: If approved this modification would provide the applicant with the flexibility to release Stage 4, the residual allotment, prior to the finalisation of either stages 2 or 3. A condition will need to be placed on the consent to ensure that all the work required within stage 4 is undertaken prior to the release of Stages 2, 3 or 4 whichever occurs first. Whilst Council has not previously had an applicant request that the stages be released in non-sequential order, it is permissible. 2. “Modification to Lots 26 & 27. This application also proposes an amendment to the boundaries and building envelopes of Lots 26 & 27. The proposed amendments are shown on the attached plan. These modifications have been proposed to enlarge the building envelope associated with Lot 27 and to also create a greater separation distance between the building envelopes of Lots 26 and 27. The proposed modifications to the development consent will preserve the overall character and philosophy of the development for which consent was originally granted….” Planners Comment: Lot 26 is currently an irregular shaped allotment of around 1.7ha in area. It is proposed to modify this allotment to be a more uniform rectangular shape approximately 1.325ha in area. The building envelope still as proposed falls within the Rural Lifestyle zone portion of the property. This then provides the residual allotment a larger building envelope above the 1:100 year flood level on which to build. A copy of the proposed modified subdivision plan is attached as Annexure ‘B’. STATUTORY CONSIDERATIONS The modification has been assessed under the relevant heads of consideration under Section 79(c)(1) of the Environmental Planning and Assessment Act 1979. Given the nature of the application and for the purposes of this report, it is not considered relevant to address in detail each head of consideration under the Act. The overall environmental impact of the subdivision was duly considered during the assessment of the original subdivision and the alteration to staging and minor boundary adjustment between proposed lots 26 and 27 does not alter the outcomes of the original assessment. (Refer to Annexure ‘C’). Instead, it is proposed to provide comment on each of the issues raised by the objectors.

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44 ANNEXURE ‘B’ TO ITEM NO. 1 – MANAGER PLANNING’S REPORT

lbrighton.dunFile AttachmentJT 1 B a.pdf

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45

ANNEXURE ‘C’ TO ITEM NO. 1 – MANAGER PLANNING’S REPORT

Kristy Cousins 17. BRISBANE GROVE RURAL PTY LTD – LOT 1 DP 1111257 NO. 263 MARTINS

CREEK ROAD, PATERSON DA 120/09 Development Application No. 120/09 Owner: Brisbane Grove Rural Pty Ltd Applicant: Pulver Cooper & Blackley Land: Lot 1 DP 1111257, 263 Martins Creek Road,

PATERSON Current Zone: Part Rural Lifestyle 1(l) and part Rural 1(a)

Dungog LEP 2006 Area: 96.7ha Proposal: Subdivision – 21 lots

********* Précis: Development Application (DA) No. 120/09 seeks approval for a 21 lot Torrens Title subdivision. BACKGROUND The subject land was previously zoned Transition 9(a) under the Dungog Local Environmental Plan 2006 (LEP). An LEP Amendment was lodged for the site in February 2007 with Council resolving to prepare the plan in July 2007. LEP Amendment No. 6, (which superseded the previously lodged amendment) was gazetted on 19 December 2008 and rezoned the land to part Rural Lifestyle 1(l) and part Rural 1(a), enabling Council to consider the current application for subdivision and development of the land for Rural Lifestyle purposes. The application was lodged on 8 October 2009, the development application was accompanied by a Statement of Environmental Effects (SEE) prepared by Pulver Cooper & Blackley (PCB) and incorporating a number of specialist consultant reports including: Ecological Assessment prepared by Orogen; Bushfire Hazard Risk Assessment prepared by Orogen; Indigenous Archaeological Assessment prepared by McCardle Cultural Heritage; Contamination and Urban Capability Assessment prepared by Douglas Partners; Rail Noise & Vibration Impact Assessment prepared by Reverb Acoustics; Traffic Assessment Report prepared by Mark Waugh; Stormwater Strategy prepared by PCB; and Master Wastewater Management Report prepared by Whitehead & Associates. The site is included in Planning Area B4 under the Paterson Local Area Plan (LAP). The LAP states that parts of Lot 1 also lie within the area identified as having high visual

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46significance by the Paterson community. The flood free areas of Lot 1 appear suitable for development. The DA was placed on public exhibition from 14th October 2009 to 12th November 2009 with 2 submissions received during the exhibition period. Council officers have now undertaken an assessment of the application in accordance with the Environmental Planning and Assessment Act, 1979 (EP&A Act) and recommend that Council approve the development application, subject to conditions. It is considered that the recommended conditions of consent will ensure the environmental impacts associated with the proposed development are appropriately managed, mitigated and monitored. SUBJECT SITE The property is located on the western side of Martins Creek Road and is bounded by the Paterson River to the south and west. The North Coast Railway Line crosses the western portion of the subject property generally in a north-south direction creating a segregated portion of the lot. The land currently contains an existing dwelling house and associated structures. The subject site also has development approval for a 3 lot subdivision fronting Martins Creek Road (DA 39/2009), a Subdivision Certificate has recently been issued for this development. The previously approved 3 lot subdivision, although on the same title relates to the section of the property further to the east. Development approval has also been granted for the demolition and replacement of existing dwelling house (DA 167/07). The approved dwelling house is not wholly contained within a proposed Lot, therefore it is recommended that a condition of consent be placed on any approval, requiring DA 167/07 be modified to amending the location of the dwelling to ensure that it is wholly contained within proposed Lot 15. The property is predominately cleared of vegetation with a few trees scattered through the site and along the riparian areas. The site is serviced with electricity and telecommunication services. As with the entire Paterson locality, reticulated water and sewer are not available to the site. PROPOSAL The proposed subdivision and associated works involve: Creation of 20 ‘Rural Lifestyle’ allotments ranging in size from 1ha to 2.6ha and

averaging 1.77ha; Creation of a residual rural lot of around 51.69ha and a dwelling house entitlement; Construction of an internal access road - 20m wide road reserve, 6m wide road

pavement; Provision of stormwater drainage and quality controls; and Servicing of all lots with reticulated electricity and telecommunications. A plan showing the proposed development is provided in Annexure ‘E’. STATUTORY CONSIDERATIONS PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79(c)(1) of the Environmental Planning and Assessment Act 1979 as follows:

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47a) The provisions of:

(ii) any environmental planning instrument; Relevant State and Regional Environmental Planning Instruments State Environmental Planning Policy No. 44 – Koala Habitat Protection 1. This policy aims to encourage the

proper conservation and management of areas of natural vegetation that provide habitat for koalas to ensure a permanent free-living population over their present range and reverse the current trend of koala population decline: a) by requiring the preparation of

plans of management before development consent can be granted in relation to areas of core koala habitat, and

b) by encouraging the identification of areas of core koala habitat, and

c) by encouraging the inclusion of areas of core koala habitat in environment protection zones.

Schedule 1 of the policy lists a number of local government areas in which this policy applies. As the Dungog local government area is included in the Schedule, the proposal constitutes a development to which SEPP 44 applies.

According to the policy, before granting consent to an application to carry out development on land to which the policy applies, Council must satisfy itself whether or not the land is a potential or core koala habitat. Potential koala habitat is defined as areas of native vegetation where the trees listed in Schedule 2 of SEPP 44 ‘constitutes at least 15% of the total number of trees in the upper and lower strata of the tree component’. If the site is found to contain potential koala habitat, further investigation for the presence of core koala habitat should be undertaken and if this habitat is found to be present, a detailed Plan of Management should be prepared. The assessment concluded that the site contains ‘potential koala habitat’ but is unlikely to support ‘core koala habitat’ pursuant to SEPP 44.

State Environmental Planning Policy 55 – Remediation of Land This SEPP prevents Council from

granting consent to the carrying out of development on land unless it has considered whether it is contaminated.

A preliminary Contamination and urban capability assessment was undertaken which identified a potential source of contamination. A Remediation Action Plan (RAP) has been submitted and the site is considered suitable for the proposed development.

State Environmental Planning Policy (Rural Lands) 2008 1. This policy commenced on 9 May

2008 and aims to facilitate the orderly and economic use and development of rural lands for rural and related purposes. The policy identifies Rural Planning Principles and Rural Subdivision Principles so as to assist in the proper management, development and protection of rural lands for the

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48purpose of promoting the social, economic and environmental welfare of the State. Clause 10 applies to land in a rural zone, a rural residential zone or an environment protection zone and sets out the matters to be taken into account in determining development applications for rural subdivisions or rural dwellings, as follows: a) the existing uses and approved

uses of land in the vicinity of the development,

b) whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,

c) whether or not the development

is likely to be incompatible with a use referred to in paragraph (a) or (b),

d) if the land is not situated within a

rural residential zone, whether or not the development is likely to be incompatible with a use on land within an adjoining rural residential zone,

e) any measures proposed by the

applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d).

a) The surrounding land is predominately

used for rural or rural residential purposes.

b) The proposed subdivision is unlikely to

have a significant impact on the adjoining land uses as it is consistent with the surrounding land.

c) The development is unlikely to be

incompatible with the surrounding land uses as it is consistent with the rural and rural residential uses.

d) The subdivision is located on the land

which is within a rural residential zone. e) Additional landscaping is proposed to

be conditioned to provide a buffer between the rural lifestyle and rural land to minimise potential land use conflict.

State Environmental Planning Policy (Infrastructure) 2007 1. This policy aims to facilitate the

delivery of infrastructure across NSW. Clause 87 addresses the impact of rail noise and vibration on buildings for residential use. Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines that are issued by the Director-General for the purposes of this clause and published in the Gazette.

The applicant has demonstrated compliance with the Department of Planning’s Interim Guidelines. The proposal complies with this Policy.

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49 If the development is for the purposes of a building for residential use, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

(a) in any bedroom in the building--35 dB(A) at any time between 10.00 pm and 7.00 am, (b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway)--40 dB(A) at any time.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 1. This policy aims to ensure

consistency in the implementation of BASIX throughout the State by overriding competing provisions in other environmental planning instruments and development control plans. BASIX aims to encourage sustainable residential development.

The proposed subdivision will enable the erection of a dwelling-house on each lot. Each dwelling will need to demonstrate compliance with BASIX requirements.

There are no Regional Environmental Plans that relate to the proposed development. Dungog Local Environmental Plan 2006 The proposed development is to subdivide the Rural Lifestyle 1(l) portion of the property into 20 lots, with the residual portion incorporating approximately 51ha of Rural 1(a) land, with a small portion of Rural Lifestyle zoned land for a building envelope. The proposal is permissible under the current zoning with consent. The proposal is assessed against the objectives of the Rural Lifestyle 1(l) Zone as follows: Objective Comment (b) provide opportunities for people to live

in a rural environment, and

The proposal is for a 21 lot Rural Lifestyle development with lots varying in size ranging from 1ha to 2.6ha

(c) concentrate rural living near settlements with services and facilities, and

The proposal is within the 2km radius of Paterson therefore provides for rural living in close proximity to services and facilities in Paterson.

(d) preserve the rural landscape, and

A view shed analysis was undertaken from Queen Street, King Street, Gresford Road & Glenburn Roads. The applicant suggests that to reduce the impact of the proposed development, restriction to the use of darker earthy tones for construction materials can be implemented.

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50The additional landscaping required as part of the Environment Management Plan (EMP) may also reduce the visual impact on the rural landscape.

(e) maintain and enhance local biodiversity, and

The majority of the riparian areas will be incorporated into the large residual lot which will be enhanced through an EMP. This includes a proposal for stock exclusion fencing and additional planting of locally indigenous species. This will ensure that local biodiversity is maintained and enhanced.

(f) protect water quality and limit creation of additional riparian rights, and

There are no additional riparian rights to be created with this development. It has been designed to include the Paterson River in the residual lot.

(g) isolate housing from existing intensive agriculture or future intensive agricultural areas, and

There are currently chicken sheds located adjacent the subject site, they are however approximately 500m from the nearest proposed building envelope. The residual portion is predominately zoned Rural 1(a) and therefore Intensive agriculture is permissible with consent. The applicant states that the land between the residual lot and the Rural Lifestyle 1(l) lots is too steep for crop farming and would only be used for grazing. They also state that the 20m building line setback in the 1(l) zone would create an adequate buffer. Council will require a vegetation buffer between the two land uses to minimise the potential conflict. Future residents should be made aware of the rural nature of the site to prevent future conflict.

(h) maintain and enhance environmentally sensitive land, particularly wetlands, riparian ecosystems, forests, woodlands and linkages between them, and

The Paterson River has been contained within one lot to ensure appropriate improvement and management can be achieved and maintained. It is recommended that the drainage lines and riparian areas on the site be rehabilitated.

(i) exclude activities incompatible with rural lifestyle development.

The site is zoned Rural Lifestyle, so only development permissible in this zone would be approved.

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51According to Clause 26(1) of the LEP 2006, consent may only be granted for development in the Rural Lifestyle 1(l) zone if Council is satisfied that: Clause Comment (a) any buildings or works resulting from

carrying out the development will blend into the landscape to promote rural amenity and character, and not be silhouetted on a ridgeline in a rural area, particularly when seen from a public road, and

The proposal will not create building envelopes that would be silhouetted on a ridgeline. The additional landscaping required as part of the Environment Management Plan (EMP) may also reduce the visual impact on the rural landscape. This will be further assessed at DA stage for each dwelling house.

(b) the design, bulk and colours of any such buildings will be compatible with the surrounding landscape, they are low buildings, and they are suitably screened from a public road, and

A view shed analysis was undertaken from Queen Street, King Street, Gresford Road & Glenburn Roads. The applicant suggests that to reduce the impact of the proposed development, restriction to the use of darker earthy tones for construction materials can be implemented. This will also be further assessed at DA stage for each dwelling house.

(c) there will be no, or only minimal, clearance of trees or significant areas of native vegetation in carrying out the proposed development, in obtaining access to its site, in drainage from it, or for bush fire hazard protection, unless the development is essential and there is no reasonable alternative, and

There will be minimal clearing for the road construction, however there will be tree planting along the riparian areas and drainage lines. A Property Vegetation Plan (PVP) may be required prior to any native vegetation removal; this will ensure that appropriate offsets are achieved. This is the responsibility of the Applicant/Owner under the Native Vegetation Act 2003.

(d) adequate vehicular access can be provided and maintained to and on the site of the proposed development, and

There is one entrance proposed into the site off Martins Creek Road which has been assessed as meeting the Safe Intersection Sight Distance (SISD) requirements. The internal roads will be designed and constructed will be in accordance with Council’s requirements.

(e) adequate provision has been or will be made for any telecommunication and electricity services needed because of the proposed development, and

Adequate telecommunication and electricity services will be provided.

(f) if the development will be carried out on land that is flood prone, it will not be adversely affected by flood and will not exacerbate flood conditions elsewhere, and

The property is subject to flooding of the Paterson River. The Rural Lifestyle zoning was based on the 1:100 year flood level identified in the Paterson River Flood Study. The applicant has demonstrated that each lot has a building envelope above the 1:100 year flood level and an effluent disposal area

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52above the 1:20 year flood level to ensure compliance with Council requirements.

(g) the land to be used for development is stable, has a slope of less than 18°, and, if relevant, has minimal disturbance of sodic or dispersive soils, and

The proposal complies with this requirement

(h) where the development will result in the erection of dwellings, the dwellings have been or will be provided with an inner bushfire asset protection zone and any proposed buildings can be protected from bush fire hazard without creating any additional risk to life or property, fire-fighting personnel or equipment, and

A Bushfire Threat Assessment was lodged with the application, and the NSW RFS have issued their General Terms of Approval (GTAs).

(i) adequate buffers are provided to any existing or foreseeable future agricultural, intensive agricultural or extractive industry activities which could cause noise, smell, fumes, vibration, spray or other objectionable impacts, and

There are currently chicken sheds located adjacent the subject site, they are however approximately 500m from the nearest proposed building envelope. The residual portion is predominately zoned Rural 1(a) and therefore Intensive agriculture is permissible with consent. The applicant states that the land between the residual lot and the Rural Lifestyle lots is too steep for crop farming and would only be used for grazing. They also state that the 20m setback would create an adequate buffer. Council will require a vegetation buffer between the two land uses to minimise the potential conflict. Future resident should be made aware of the rural nature of the site to prevent future conflict.

(j) adequate buffers are provided to places of Aboriginal heritage or endangered or threatened ecological communities, and

Adequate buffers have been provided

(k) where relevant, appropriate measures have been taken to protect the amenity and comfort of the occupants of buildings near a rail corridor, or other existing or potential utility installations, from noise and vibration, and

The acoustic assessment recommends a 60m buffer to the rail line and also provides particular construction standards to ensure the noise and vibration levels are within the acceptable requirements.

(l) where the proposed development will result in the erection of a habitable building, either the building can be connected to a reticulated sewerage system, or it is in accordance with an effluent capability assessment (which takes into account hydrologic loading)

All lots within the development will use on-site waste water disposal systems. A geotechnical assessment has been provided that demonstrates effluent disposal on-site is achievable on all lots in accordance with Council’s On-site Sewage Management Strategy and relevant guidelines. Separate

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53demonstrating effective disposal of sewage, and

approval will be required for the installation of individual systems under Sec 68 of the Local Government Act 1993

(m) the quality of stormwater run-off from the site will not degrade water quality or the quality of groundwater supplies and complies with any environmental management plan required by Council, and

Water Sensitive Urban Design principles will assist with the protection of water quality.

(n) stormwater run-off from the site will not contribute to additional flooding downstream, and

Council’s Engineering Department have proposed a number of conditions of consent to ensure that the post development stormwater runoff will not exceed pre development.

(o) any relevant harvestable water rights are protected or adequately assessed, and

No additional harvestable rights are proposed.

(p) the development will not unduly lower the water table or disturb the soil so as to result in the creation of acid sulfate soils, and

The proposal complies with this requirement

(q) any impact of the development on biodiversity, and on native habitat on the land, is minimal.

The proposal has a large residual portion which incorporates the riparian areas. This provides a corridor down to the river. Additional plantings are proposed to enhance the biodiversity on site. The proposal satisfies this requirement.

Clause 28(3) of the LEP 2006 contains the provisions for subdivision in the Rural Lifestyle 1(l) zone. This clause requires that only one lot is greater than 5 hectares, no lots be smaller than 8000m2 and the average area of the lots being created no less than 1.5 hectares for a Torrens Title development. Comment: The proposal complies with clause 28(3). The average size of the lots created within the Rural Lifestyle area is 1.77 hectares. Clause 26(4) of the LEP 2006 enables Council to impose a condition of development consent requiring the adoption of, and conforming to, and environmental management plan (EMP) to ensure on-going integrity of ecosystems and the environment, or the reduction of risk from natural disasters. Comment: The applicant submitted an outline/summary of the revegetation management plan which will need to be incorporated into an EMP. It is recommended that a condition of consent regarding a detailed EMP and its implementation be placed on this approval. Integrated Development Pursuant to section 91 of the EP&A Act, the proposal is ‘integrated development’ as it requires development consent and the following approvals:

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54 Authorisation under section 100B of the Rural Fires Act 1997 in respect of bush fire

safety of subdivision of land that could lawfully be used for residential or rural residential purposes or development of land for special fire protection purposes.

Consent under section of the Water Management Act 2000 for works requiring a Controlled Activity Approval; and

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