Minutes of the Ordinary Meeting - dungog.nsw.gov.au · Glen Martin Reserve No. 94034 2. Traffic &...

DUNGOG SHIRE COUNCIL

Minutes of the Ordinary Meeting

21 September 2010

This is page number 2 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 21 September 2010.

TABLE OF CONTENTS GENERAL MANAGER

1. Election of Mayor and Deputy Mayor 2. Fixing Meeting Dates and Times 3. Determination of Council Committees 4. Appointment of Councillors to Outside Organisations Operating Under Delegated Authority from Council 5. Appointment of Council Delegates to Outside Organisations 6. Economic Development – Boral Timber Resources 7. Proposed Policy Advisory Groups – CSED Forum 8. Integrated Planning & Reporting 9. James Theatre Management Committee 10. NSW Department of Local Government Circulars 11. Council’s Management Committee Meeting Minutes 12. Closed Council

EXECUTIVE MANAGER – CORPORATE SERVICES

1. Statement of Investments 2. Works Cost Statement 3. Councillors Travelling & Other Expenses 4. Gresford District Agricultural Society Inc

EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS

1. Glen Martin Reserve No. 94034 2. Traffic & Road Safety Committee 3. Alison Court Committee Minutes 4. Works Progress Report

MANAGER – PLANNING

1. GL & CJ Hook – Development Application No. 30/2010 2. Request for Owners Consent – Development Application No. 70/2010 3. DCP 1 – Building Line Setbacks 4. DCP 1 – Count Street Paterson 5. DCP 1 – Development Application Requirements 6. DCP 1 – Off Street Parking 7. Tyrone Hayden – Request for Waiver of Section 94 Contributions 8. Environmental Planning Services (EPS) – Planning Proposal 9. Brian Ford – Planning Proposal 10. NSW Department Planning – Documents Recently on Public Exhibition 11. Council’s Management Plan – Increase Rural Addressing Fee 12. DSC Standard Instrument (SI) Local Environmental Plan (LEP) 13. Strategic Planning Update 14. Litigation Report 15. Development Applications & Complying Development Certificates – Delegated Authority

MANAGER – ENVIRONMENTAL SERVICES

1. Participation in Regional Illegal Dumping Campaign 2. Local Approvals Policy for Conversion of Septic Tanks for Rainwater Reuse 3. Local Orders Policy for Decommissioning of Redundant Septic Tanks 4. Gloucester Coal Seam Gas Project 5. Anti Bark Collars 6. Dungog Shire Council Local Noxious Weed Committee 7. Policy Control of Burning Regulations


CONFIDENTIAL SECTION MANAGER PLANNING 1. DA 4/2007 – Beisler – Change of Use – Bakery COMPLIMENTS


MINUTES OF THE ORDINARY MEETING OF DUNGOG SHIRE COUNCIL HELD AT DUNGOG SHIRE COUNCIL CHAMBERS ON 21 SEPTEMBER 2010 COMMENCING AT 6.06 PM. PRESENT: Mayor Glenn Wall and Councillors L D Mitchell, S B Farrow, R A Booth, J F Thompson, P D Ainsworth and A G McKenzie. OFFICERS IN ATTENDANCE: C F Deasey, General Manager, S L Chandler, Executive Manager Corporate Services, S W Hitchens, Executive Manager Infrastructure & Assets, K M Cousins, Acting Manager Planning and T J Kavanagh, Manager Environmental Services. APOLOGY: Councillors H F Johnston, I S Lloyd RESOLVED on the motion of Cr Thompson and seconded by Cr McKenzie that Councillors Johnston and Lloyd be recorded as an apology for the September meeting. ABSENT: Nil DECLARATION OF INTERESTS: Nil CONFIRMATION OF MINUTES:

Minute No. 35075 RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that the Minutes of the Ordinary Meeting of Council, held on Tuesday 17 August 2010 having been circulated amongst the members of the Council be confirmed. MATTERS ARISING: Nil The Prayer was delivered by Rev Tony Adams. The Ode was delivered by Cr Wall. WITHDRAWAL OF ITEMS AND LATE ITEMS OF BUSINESS: Nil

###### Minute No. 35076

A MOTION was moved by Cr Wall and seconded by Cr McKenzie that the Order of Council business be suspended to allow members of the public to address Council.

On being put the motion was carried.

The Order of Council business was suspended at 6.12 pm to allow members of the public to address Council. Tim Olsen – spoke in favour of Hanleys Creek Road proposal being Item 8 Manager Planning Report. Tom Boorer - spoke in favour of Hanleys Creek Road proposal being Item 8 Manager Planning Report.


Hilton Grugeon - spoke in favour of Hanleys Creek Road proposal being Item 8 Manager Planning Report. John Lidbury - spoke in favour of Hanleys Creek Road proposal being Item 8 Manager Planning Report. Kate Murphy – spoke in favour of Item 7 General Managers Report particularly Economic Development Policy Advisory Group and acknowledged Mayor Wall’s contribution to the community over the previous four years.

Minute No. 35077 A MOTION was moved by Cr Wall and seconded Cr Mitchell that Council resume the Order of Council business.

On being put the motion was carried.

The Order of Council business resumed at 6.22 pm.

######

GENERAL MANAGERS REPORT

Craig Deasey 1. ELECTION OF MAYOR AND DEPUTY MAYOR

EF08/602 Précis: Reporting on the election of a Mayor by the Councillors.

********** Minute No. 35078

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that: 1. The method of election for both (or either) the Mayor and Deputy Mayor be by way of open

voting for both positions. 2. The General Manager as Returning Officer advised one nomination for the position of Mayor

being Councillor Johnston and no nominations for Deputy Mayor had been submitted. The General Manager as Returning Officer declared the election of Councillor Johnston to the position of Mayor.

3. As a result of no nominations for Deputy Mayor the Returning Officer declared the position vacant. Councillor Wall vacated the Chair at 6.31 pm and asked for nominations. Councillor Booth nominated Councillor Wall for the Chairperson who declined. Councillor Thompson nominated Councillor Mitchell for Chairperson who declined. Councillor Mitchell nominated Councillor Thompson for Chairperson who accepted for this meeting only.

Minute No. 35079 A MOTION was moved by Cr Mitchell and seconded by Cr Booth that Councillor Thompson Chair the meeting. On being put the motion was carried. Councillor Thompson then assumed the Chair at 6.38 pm.


Craig Deasey 2. FIXING MEETING DATES AND TIMES EF08/603 Précis: Reporting on the fixing of Council meeting dates and times.

********** Minute No. 35080

RESOLVED on the motion of Cr Mitchell and seconded by Cr Booth that: 1. The Ordinary meetings of Council be held on the third Tuesday of each month commencing

at 6.00pm with the exception of January provided that the day of any Ordinary Meeting may for good and sufficient reason be altered by resolution of Council at any preceding Ordinary Meeting.

2. In accordance with Section 367 of the Local Government Act 1993 and Council's Code of

Meeting Practice five (5) day's notice be given for Ordinary, Extraordinary and Committee meetings provided that in an emergency the Mayor or General Manager be authorised to call an Extraordinary Meeting by telephone giving 48 hours notice.

Craig Deasey

3. DETERMINATION OF COUNCIL COMMITTEES EF08/604

Précis:

Reporting on the Determination of Council Committees.

********** Minute No. 35081

RESOLVED on the motion of Cr McKenzie and seconded by Cr Wall that the following Committee appointments were made:

COMMITTEE NAME CURRENT MEMBERS * Traffic & Road Safety The Mayor (Johnston) and One Councillor

(McKenzie) (alternate) and Executive Manager – Infrastructure & Assets.

Economic Development In abeyance. * Local Emergency Management One Councillor (McKenzie) & Executive Manager

Infrastructure Assets. Access The Mayor (Johnston) and Two Councillors (Wall,

Mitchell), Six community representatives & the Executive Manager Corporate Services.

Environment In abeyance. Onsite Sewage Management Advisory Committee In abeyance. Pilchers Reserve Committee One Councillor (Ainsworth) and One Councillor

(Thompson) (alternate), six community representatives.

*Conduct Committee

Conduct panel appointed by Council. General Manager or mayor may determine structure dependent upon nature of complaint.

Community Artworks Advisory Committee Two Councillors (Thompson, Lloyd), one staff member, four Community Representatives.

Tillegra Dam Working Party All Councillors & four Snr Staff. General Managers Performance Review Committee

Mayor (Johnston) and three Councillors (Booth, McKenzie, Mitchell) and LGSA Officer.

Tourism Advisory Committee The Mayor (Johnston) and One Councillor (Farrow), Economic Development & Tourism Coordinator and Tourism Officer.


Craig Deasey

4. APPOINTMENT OF COUNCILLORS TO OUTSIDE ORGANISATIONS OPERATING UNDER DELEGATED AUTHORITY FROM COUNCIL EF08/608 Précis: Reporting on the Appointment of Council Delegates to Outside Organisations.

********** Minute No. 35082

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that the following delegates be appointed to the following Committees:

ORGANISATION CURRENT DELEGATES Shire Facilities

James Theatre Community Centre Committee

Clarence Town Community Centre Committee

One "A" Ward Councillor (Farrow).

One "B" Ward Councillor (Ainsworth).

School of Arts Committees

Clarence Town

Gresford

Paterson

Vacy

Martins Creek

One "B" Ward Councillor (McKenzie).

One "C" Ward Councillor (Thompson).

One "C" Ward Councillor (Booth).

One "C" Ward Councillor (Wall).

One "B" Ward Councillor (Ainsworth).

Clarence Town Park Committee One "B" Ward Councillor (Johnston). Dungog Showground and Recreation Reserve Committee

One Councillor (Lloyd) & One Councillor (Mitchell) Alternate.

Paterson Sportsground Committee One "C" Ward Councillor (Booth). Gresford Sporting Complex Committee One "C" Ward Councillor (Thompson). Vacy Sportsground Committee. One "C" Ward Councillor (Wall). Alison Court Units Management Committee One "A" Ward Councillor (Farrow), one “B” Ward

Councillor (McKenzie) & one “C” Ward Councillor (Wall).

Craig Deasey 5. APPOINTMENT OF COUNCIL DELEGATES TO OUTSIDE ORGANISATIONS EF08/605 Précis: Reporting on the Appointment of Council Delegates to Outside Organisations.

********** Minute No. 35083

RESOLVED on the motion of Cr Wall and seconded by Cr McKenzie that the following delegates be appointed to the following Committees and Statutory bodies:


ORGANISATION CURRENT DELEGATES "D" Division of the Shires Association of NSW The Mayor (Johnston) and two Councillors (Wall,

Lloyd) (alternates). Hunter Councils Inc The Mayor (Johnston). Hunter Councils Advisory Groups Economic Development & Infrastructure Action Group

One Councillor (Ainsworth).

Community Cultural Development Action Group One Councillor (Booth). Environment Action Group One Councillor (Thompson). Hunter Councils Ltd General Manager Newcastle Regional Joint Library Committee One Councillor (Mitchell) and Executive Manager

Corporate Services, one Councillor (Lloyd) and General Manager (alternates).

Mid North Weight of Loads Group The Mayor (Johnston) and one Councillor (McKenzie) (alternate).

Williams River Floodplain Management Committee

One Councillor (Ainsworth) and Executive Manager Infrastructure & Assets, Manager Planning, a representative of Port Stephens Council and Government Agencies.

Upper Williams River / Clarence Town Floodplain Management Committee

One Councillor (Ainsworth), Manager Environmental Services and 4 Community Representatives.

Dungog Shire Health Services Forum General Manager, Community Project Officer and three Councillors (Mitchell, Johnston, Booth).

Lower Hunter Bush Fire Management Committee One Councillor (Wall) and Executive Manager Infrastructure & Assets

Zone Bushfire Liaison Committee One Councillor (Wall) and Executive Manager Infrastructure & Assets

Tillegra Dam Community Reference Group The Mayor (Johnston) and One Councillor (Booth)

Upper Hunter Arts Advisory Committee One Councillor (Lloyd) and One Councillor (Mitchell) (Alternate).

Hunter Water Consultative Forum The Mayor (Johnston) and One Councillor (Mitchell) (Alternate).

Country Energy Regional Advisory Board The Mayor (Johnston) and One Councillor (McKenzie) (Alternate).

Dungog & District Liquor Accord The Mayor (Johnston) and One Councillor (McKenzie) and General Manager.

Tillegra Dam Whole of Government Reference Group

The Mayor (Johnston), General Manager, Hunter Water, Dept Premier & Cabinet, Dept Planning, RTA

NSW Police – Port Stephens Local Area Command Crime Prevention Partnership Committee

The Mayor (Johnston) and One Councillor (McKenzie) (Alternate).

NSW Police – Central Hunter Local Area Command Crime Prevention Partnership Committee

The Mayor (Johnston) and One Councillor (McKenzie) (Alternate).

Destiny Haven Community Review Board The Mayor (Johnston) and One Councillor (Ainsworth) (Alternate)

Joint Regional Planning Panel Two Councillors (Lloyd, Johnston)


Craig Deasey

6. ECONOMIC DEVELOPMENT – BORAL TIMBER RESOURCES EF08/268, TPA 3235 Precis: Reporting on the announcement by Boral to close the Maxwells Creek Timber Mill.

********* Minute No. 35084

RESOLVED on the motion of Cr Wall and seconded by Cr Ainsworth that: 1. The report be received and the information noted. 2. Council liaise with Boral as regards their future intentions for the site.

Craig Deasey 7. PROPOSED POLICY ADVISORY GROUPS - CSED FORUM

EF08/215

Precis: Requesting that Council give consideration to the establishment of a Community, Social, Economic Development Forum and the establishment of 2 policy advisory groups.

*********** Minute No. 35085

RESOLVED on the motion of Cr Mitchell and seconded by Cr Ainsworth that: 1. Council establish the two policy advisory groups as outlined within the report. 2. Council conduct an annual community, social and economic development forum.

Craig Deasey 8. INTEGRATED PLANNING & REPORTING

EF09/142

Precis: Reporting on the Councils statutory responsibilities in relation to integrated planning and reporting.

********** Minute No. 35086

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that: 1. The report be received and noted. 2. Council engage the UTS Sydney to assist in the development and implementation of Councils Community Strategic Plan and Delivery Program.


Craig Deasey 9. JAMES THEATRE MANAGEMENT COMMITTEE

EF08/238

Precis: Reporting on community nominations to the James Theatre Management Committee.

********** Minute No. 35087

A MOTION was moved by Cr Mitchell and seconded by Cr Wall that Council appoint the following community members to the James Theatre Management Committee until 30 September 2012: Mrs Margaret Flannery, Mrs Bev Irwin, Mrs Lisa Connors, Mr Ken Tickle, Mr Robert Pollack, Mr Danny Mackay. Cr Farrow foreshadowed a motion. On being put the motion was carried. Cr Farrow requested his negative vote be recorded.

Craig Deasey 10. NSW DEPARTMENT OF LOCAL GOVERNMENT CIRCULARS EF08/142 Précis: Providing a summary of circulars that have been released by the Department of Local Government.

********** Minute No. 35088

RESOLVED on the motion of Cr Mitchell and seconded by Cr Booth that the report be received and information noted. Craig Deasey 11. COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES Précis: Reporting on Minutes of Council Management Committee Meetings provided to Council.

********** Minute No. 35089

RESOLVED on the motion of Cr Mitchell and seconded by Cr Booth that the minutes of the Management Committee Meetings be received and noted.


Craig Deasey 12. CLOSED COUNCIL Précis: Report referring matters to Closed Council.

********** Minute No. 35090

RESOLVED on the motion of Cr Farrow and seconded by Cr McKenzie that: 1. Council resolve into Closed Council to consider business identified, together with any late

reports tabled at the meeting. 2. 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. 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.

CORPORATE 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 Local Government Act.

********** Minute No. 35091

RESOLVED on the motion of Cr Wall and seconded by Cr McKenzie that the report be received and information noted.

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 grounds cost centres.

********

Minute No. 35092 RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that the Works Cost Statement for the period ending 31 August be received and noted.


Shaun Chandler

3. COUNCILLORS TRAVELLING & OTHER EXPENSES EF08/222

Précis:

Report on Councillors travelling for Councillors information.

********** Minute No. 35093

RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that the report be received and information noted.

Shaun Chandler 4. GRESFORD DISTRICT AGRICULTURAL SOCIETY INC EF08/3; 10/32036 Precis: Request for financial assistance under Sec 356 of the Local Government Act 1993.

********** Minute No. 35094

RESOLVED on the motion of Cr Wall and seconded by Cr McKenzie that Council donate $250 to the Gresford District Agricultural Society Inc.

INFRASTRUCTURE & ASSETS DEPARTMENT EXECUTIVE MANAGER REPORT

Terry AG Wilson 1. GLEN MARTIN RESERVE NO. 94034 EF08/236, TPA 2343/05 Précis: Reporting on a request from Mr D J Cowan Manager of “Glen Martin Park” – Murray Grey Stud to lease Lot 12 DP 753176 Glen Martin Road, Glen Martin.

********** Minute No. 35095

RESOLVED on the motion of Cr Wall and seconded by Cr McKenzie that: 1. Council as trustee of Crown Reserve No. 94034 support leasing Lot 12 DP753176 Glen Martin

Road to Mr D J Cowan; 2. The Common seal of Council be affixed to the Lease Agreement between Council, Mr D J

Cowan and the Land & Property Management Authority; 3. Mr D J Cowan be advised of Council’s determination.


Terry AG Wilson

2. TRAFFIC AND ROAD SAFETY COMMITTEE EF08/5 Précis: Reporting on the Traffic and Road Safety Committee meeting held on 6 September 2010.

********** Minute No. 35096

RESOLVED on the motion of Cr McKenzie and seconded by Cr Mitchell that the Minutes of the Traffic & Road Safety Committee from its meeting of 6 September 2010 be received and adopted.

Terry AG Wilson 3. ALISON COURT COMMITTEE MINUTES EF10/70 Précis: Reporting on the Alison Court Committee meeting held on 27 August 2010.

********** Minute No. 35097

RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that the Minutes of the Alison Court Committee from its meeting of 27 August 2010 be received and the information noted.

Steve Hitchens 4. WORKS PROGRESS REPORT EF08/208 Précis: Reporting on construction and maintenance works undertaken in August 2010.

********** Minute No. 35098

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be received and information noted.


PLANNING DEPARTMENT MANAGERS REPORT

Kristy Cousins 1. GL & CJ HOOK – LOT 1532 DP 1017836 NO. 2495 CLARENCE TOWN ROAD,

CLARENCE TOWN DA 30/2010 Précis: Development Application (DA) No. 30/2010 seeks approval for a 2 lot Torrens Title subdivision.

********* Minute No. 35099

RESOLVED on the motion of Cr Mitchell and seconded by Cr Booth that DA 30/2010 for the subdivision of Lot 1532 DP 1017836, No 2495 Clarence Town Road, Clarence Town into 2 Torrens title lots be approved subject to the following conditions: Advisory conditions: 1. All native vegetation on site shall be retained and protected unless the proposed clearing

complies with the Native Vegetation Act 2003 and Native Vegetation Regulations 2005.

Advice: Any clearing of Native Vegetation will require separate approval from the Hunter-Central Rivers Catchment Management Authority under the Native Vegetation Act 2003. Clearing of native vegetation is not to commence until formal approval from the Catchment Management Authority, in the form of a Property Vegetation Plan (PVP), has been obtained.

2. The developer is advised that the Australian Government is in the process of commencing the

roll out of the National Broadband Network. You are to make your own enquiries as to whether this will apply to your development and/or what the appropriate serving provision standards may be.

Reason: For information purposes.

3. Under s.90 of the NP&W Act, it is an offence to knowingly damage deface or destroy

Aboriginal objects without prior permission of the Director-General of the Department of Environment, Climate Change and Water (DECCW).

Should any Aboriginal objects be located during the development works, work should stop immediately.

Reason: To ensure any Aboriginal objects, if uncovered during construction are protected.

General 4. The subdivision of Lot 1532 DP 1017836, 2495 Clarence Town Road, Clarence Town being

carried out in accordance with the following information submitted with development application 30/2010, except as modified by the conditions of this consent:

Plan of Proposed Subdivision of Lot 1532 DP 1017836 at Clarence Town, prepared by G

Ferguson and dated 29 April 2010; and Statement of Environmental Effects prepared by Hill Top Planners dated June 2010; Reason: To ensure all works are carried out in accordance with the submitted and approved plans.


5. All future on-site sewage management systems on the site must comply with the design specifications provided in the “On Site Sewerage Management Site and Soil Report” by Septic Site Solutions dated 5 April 2010.

Reason: To ensure effluent disposal is carried out in an environmentally sound manner and as per the submitted reports.

6. An application to install and operate a sewage management system must be submitted to

Council prior to the approval of any development requiring sewage disposal;

Reason: To ensure effluent disposal is carried out in an environmentally sound manner and considered on a specific basis at a later date.

7. The land may be subject to flooding and if it is flooded Council will not, pursuant to Section

733, Local Government Act 1993, incur any liability in respect of the granting of this consent.

Reason: Advisory condition regarding flooding. 8. The developer being responsible for any costs relating to minor alterations and extensions of

existing roads, drainage and Council services for the purposes of the development.

Reason: To ensure appropriate servicing to the lots. 9. All works are to comply with the Building Code of Australia 2009.

Reason: To ensure compliance with the BCA 2009 and to ensure all servicing is constructed in an appropriate manner.

Prior to Issue of Subdivision Certificate 10. The applicant shall submit to Council for approval an amended Landscape Plan. The

Landscape Plan must:

1. Nominate a variety of endemic mid storey trees; and 2. Specifications for planting and maintenance; and 3. Remove Black Wattle Acacia decurrens from the proposed species list as it is not

considered appropriate for long term screening.

Reason: To ensure the use of suitable vegetation 11. Submission of an original plan of survey by a Registered Surveyor and six (6) copies to

Council for subdivision approval.

Reason: Statutory requirement.

Advice: The final plans must conform generally to the subdivision proposal shown on the concept plan submitted with the Development Application dated 29 April 2010 and incorporate Council’s requirements.

Council’s fee covers the cost of providing copies of the plan of survey to relevant internal Council departments and to Government departments as required.

12. Application for a Subdivision Certificate is to be submitted to and approved by Council prior to

release of the final linen plan of subdivision. Reason: To ensure compliance with Council’s requirements.

Advice: The fee for a Subdivision Certificate is $220.00.


13. Prior to issue of the Subdivision Certificate, a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development shall be submitted to the Principal Certifying Authority.

Reason: To conform with other authorities. 14. Payment of a cash contribution to Council in accordance with the provisions of Dungog

Section 94 Contributions Plan 2004 adopted 29 September 2004.

The following contributions, which are subject to quarterly adjustment, are to be paid prior to the release of linen plan and subdivision certificate.

Clarence Town Catchment Sports Fields $ 7272.00 Parklands $ 180.00 Swimming Pool $ 1381.00 Indoor Sports Facility $ 1455.00 Local Community Centre $ 540.00 District Community Centre $ 367.00 Youth Venue $ 295.00 Arts & Craft Centre $ 83.00 Aged Facility $ 270.00 Library $ 812.00 Pre-School $ 1081.00 Rural Sub-Arterial Roads upgrades $ 500.00 Rural Local Roads and intersection upgrades $ 2221.00 Bikeway Facilities $ 247.00 Fire Services $ 1498.00 Section 94 Management $ 1057.00 Administration $ 741.00 Total $ 20,000 per additional lot

Reason: This development results in increased demand on existing amenities or services that has been identified in respective contribution plans. These plans are available for inspection at Council’s offices, Dowling Street, Dungog. Council will hold the money payable under this condition and utilise these funds to upgrade amenities or services in the future.

Advice: Copies of the Contributions Plan are available for inspection and purchase at Council’s Administration Building, Dungog. The applicant and/or subdivider must contact Council prior to the payment to determine the current rate of contribution, as the rates are revised quarterly. Staging of payments is permitted if staging of development is approved by the terms of this consent.

15. Suitable arrangements being made with an energy provider to ensure that:-

(a) electricity will be available to each allotment created by the subdivision when and if development is proposed on the land;

(b) that any transmission lines or other assets of an energy provider on private land be “protected” by an easement; and

(c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with an energy provider for such relocation to be carried out.

Reason: To ensure that the interests and responsibilities of energy provider and Dungog

Council with regard to the timely supply of power connections are satisfied. Advice: An energy provider is responsible for the supply of electricity to this land. The

applicant must contact an energy provider on all matters concerning electricity supply.


A letter from an energy provider stating that satisfactory arrangements have been made for the supply of electricity in the subdivision is to be submitted to Council, and accepted, prior to the release of the linen plan of subdivision.

16. Suitable arrangements being made with a telecommunications carrier to ensure that:-

(a) communication will be available to each allotment created by the subdivision when and if development is proposed on the land;

(b) that any transmission lines or other assets of a telecommunications carrier on private land be “protected” by an easement; and

(c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with a telecommunications carrier for such relocation to be carried out.

Reason: To ensure that the interests and responsibilities of a telecommunications carrier and Dungog Council with regard to the timely supply of telephone connections are satisfied.

Advice: For details of arrangements pertaining to the land, applicants must contact a telecommunications carrier direct. A letter from a telecommunications carrier stating that suitable arrangements have been made is to be submitted to Council, and accepted, prior to release of the linen plan of subdivision.

17. Registration of a Section 88B instrument against the title of proposed Lot 1535 & 1536 stating

that the vegetation buffer is to be maintained in perpetuity in accordance with the approved Landscape Plan.

Reason: To ensure that prospective purchasers are aware of their responsibilities with

maintenance of the landscape buffer. 18. The applicant shall submit an identification survey by a registered surveyor confirming that

the existing septic and effluent disposal area is wholly contained within Proposed Lot 1535 and complies with the required buffer distances.

Reason: To ensure the proposal does not create an encroachment, and complies with the current buffer distance requirements.

19. All Landscaping shall be completed and maintained in accordance with an approved

Landscaping Plan.

Reason: To ensure the works are carried out in accordance with the stamped plan. 20. The developer shall ensure that satisfactory arrangements have been made with Council for

the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program.

Reason: To ensure that property addressing is of a uniform nature.

Advice: A payment of $82.50 to Council for each lot created is required for rural addressing purposes.

21. The plan of subdivision shall include the dedication as Public Road of such land as is necessary to contain the constructed road in use, and known as Clarence Town Road over the frontage of proposed Lots 1535 & 1536. In the event existing fencing is located within the dedicated road reserve, the developer will be responsible for relocating those fences onto the surveyed alignments. The registered surveyor who prepares the plan of subdivision shall certify to the Principle Certifying Authority that the existing constructed road is wholly contained within the road reserve boundaries shown on the plan of subdivision.

Reason: To rectify encroachments as part of the subdivision.


22. All fees, Section 94 and other Contributions will need to be adjusted in accordance with Councils Fees & Charges applicable at the time of payment.

Reason: To ensure all Fees & Charges are paid at the correct rate at the time of payment. 23. A Subdivision Certificate will not be issued nor the final plan signed and released by Council

until all conditions of consent have been complied with to Council’s satisfaction.

Reason: To ensure compliance with Council’s requirements. Special Conditions – Other Authorities NSW Rural Fire Service 24. At the issue of subdivision certificate and in perpetuity, the land surrounding the existing

dwelling(a) on proposed Lot 1535, to a distance of 20 metres, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

Reason: The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent flame contact with a building. Advise: The applicant is to certify compliance with this requirement.

25. The existing building on proposed Lot 1535 is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen. Where applicable, this includes any sub floor areas, openable windows, doors, vents, weepholes and eaves.

Reason: The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. Advise: The applicant is to certify compliance with this requirement.

The Chair in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 7 for and 0 against, as follows:

For: Crs Wall, Mitchell, Booth, Ainsworth, McKenzie, Thompson, Farrow.

Carolyn Maginnity 2. REQUEST FOR OWNER’S CONSENT

GRAEME FERGUSON – PROPOSED SUBDIVISION OF LOT 41 DP 802112, LOT 21 DP 1089414, LOT 1 DP 652805 AND LOT 1 DP 198469, “MELBEE”, DUNGOG.

DA 70/10

Précis: This report considers a request for Council to provide its written consent, as owner of the land, to a development application (DA No. 70/2010), which seeks approval to subdivide Lot 41 DP 802112, Lots 20 and 21 DP 1089414, Lot 1 DP 652805 and Lot 1 DP 198469 into six (6) lots. Lot 20 DP 1089414 is owned by Council. The remaining lots in the proposed subdivision are owned by Sayale Pty Ltd.

********** Minute No. 35100

A MOTION was moved by Cr Wall and seconded by Cr Mitchell that Council refuse to provide written consent as owner of part of the land to which the development application relates. On being put the motion was carried.




Matthew Brown 3. DCP 1 – CHAPTER 3 BUILDING LINE SETBACKS EF08/532 Précis: Reporting on proposed amendments to the Shire Wide Development Control Plan - Part C, Section 3, Building Line Setbacks. The DCP amendment has been on exhibition during August with no submissions being received.

******** Minute No. 35101

RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that Council resolve, pursuant to the provisions of the Environmental Planning and Assessment Act 1979 (as amended) to: 1. Adopt the amended (as exhibited) Shire Wide Development Control Plan - Part C, Section

3, Building Line Setbacks; and

2. Provide notice in the local newspaper of this decision within 28 days. The Chair in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 7 for and 0 against, as follows:


Kristy Cousins 4. DCP 1 – PART D SECTION 7- COUNT STREET PATERSON EF08/532 Précis: Reporting on proposed amendments to the Shire Wide Development Control Plan - Part D, Section 7, Count Street Paterson. The DCP amendment has been on exhibition during August with no submissions being received.

******** Minute No. 35102

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that Council resolve, pursuant to the provisions of the Environmental Planning and Assessment Act 1979 (as amended) to: 1. Adopt the amended (as exhibited) Shire Wide Development Control Plan - Part D, Section

7, Count Street Paterson; and




Matthew Brown 5. PROPOSED AMENDMENT TO DUNGOG SHIRE COUNCIL DEVELOPMENT CONTROL

PLAN – PART A –DEVELOPMENT APPLICATION REQUIREMENTS – SECTION 2.6.5 EF08/532

Précis: At the July 2010 Ordinary Council meeting, it was resolved to exhibit the amendments to the Dungog Shire Council Development Control Plan – Part A – Section 2.6.5, to include wider neighbour notification provisions in the specific case of telecommunication towers. During the exhibition period one submission was received.

********** Minute No. 35103

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that: 1. Adopt the amended (as exhibited) Dungog Shire Council Development Control Plan – Part

A – Development Application Requirements



Brent Mason 6. DCP1 - CHAPTER 20 OFF STREET PARKING EF08/532 Précis: Reporting on proposed amendments to the Shire Wide Development Control Plan - Part C, section 20, Off Street Parking. The DCP amendment has been on exhibition during August with no submissions being received.

********** Minute No. 35104

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that Council resolve, pursuant to the provisions of the Environmental Planning and Assessment Act 1979 (as amended) to: 1. Adopt the amended (as exhibited) Shire Wide Development Control Plan - Part C, Section

20, Off Street Parking; and




Carolyn Maginnity 7. TYRONE HAYDEN – PROPOSED SECONDARY DWELLING ON LOT 8 DP 758250, NO.

70-72 GREY STREET, CLARENCE TOWN REQUEST FOR WAIVER OF SECTION 94 CONTRIBUTIONS Précis: Council has received a request to waive the section 94 developer contributions payable in respect of a proposed secondary dwelling (granny flat) on Lot 8 DP 758250, No. 70 -72 Grey Street, Clarence Town. This report considers the request and recommends that the request be granted and further that Council resolve to adopt a policy in respect of waiving section 94 contributions for secondary dwellings approved under the Affordable Housing SEPP.

********** Minute No. 35105

RESOLVED on the motion of Cr Wall and seconded by Cr McKenzie that: 1. The request for waiver of the Section 94 developer contributions payable in respect of a

proposed secondary dwelling (granny flat) on Lot 8 DP 758250, No. 70 -72 Grey Street, Clarence Town be granted; and

2. The attached draft policy for waiving of section 94 developer contributions payable in

respect of secondary dwellings (granny flats) approved under the Affordable Rental Housing SEPP be placed on public exhibition for a period of twenty eight (28) days, in accordance with the provisions of Local Government Act 1993.



Matthew Brown 8. ENVIRONMENTAL PLANNING SERVICES (EPS) – PLANNING PROPOSAL LOT 16 DP 865027 HANLEYS CREEK ROAD, HANLEYS CREEK 171/82/33 Précis: This report considers a Planning Proposal (PP) for a site specific LEP amendment. The proposal seeks to change part of the existing Rural 1(a) zoned property to R5 Large Lot Residential. R5 Large Lot Residential is the DSC equivalent of the current 1(l) Rural Lifestyle zone.

********** Minute No. 35106

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that: 1. Council resolve to prepare an amendment to Dungog Local Environmental Plan 2006 to

rezone part of Lot 16 DP 865027 Hanleys Creek Road, Hanleys Creek, from Rural 1(a) to R5 Large Lot Residential, as indicated on Figure 10 of the Draft Land Use Strategy version submitted to the February 2010 Ordinary Council meeting (with the exception of minor boundary adjustments pending the outcome of the specialist reports).

2. Pursuant to section 55 of the Environmental Planning and Assessment Act 1979, Council

and/or the Applicant prepare a planning proposal explaining the intended effect of the proposed LEP and setting out the justification for making the proposed instrument.



forward the planning proposal to the Minister for Planning for a gateway determination. 4. Council amend the Land Use Strategy; specifically Figure 10 to reinstate part of the subject

property (Lot 16 DP 865027) as proposed at the February 2010 Ordinary Council meeting. The Chair in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 7 for and 0 against, as follows:


Kristy Cousins 9. BRIAN FORD - PLANNING PROPOSAL NUMBER 17

LOT 15 DP 1084524, 131 FORDS ROAD, CLARENCE TOWN 171/82/34

Precis This report considers a planning proposal (PP) to amend the Dungog Local Environmental Plan 2006 (LEP 2006). The PP seeks to resolve the issue of subdivision with split zoned properties.

*********** Minute No. 35107

RESOLVED on the motion of Cr Mitchell and seconded by Cr Ainsworth that: 1. Council resolve to prepare an amendment to Clause 28(4) of the Dungog Local

Environmental Plan 2006 to permit the subdivision of land with a split zoning Rural Lifestyle 1(l) & Rural 1(a) or Rural Enterprise 1(e) & Rural 1(a) subject to:

a. The applicant has demonstrated that the Rural Lifestyle 1(l) or Rural Enterprise 1(e)

portion of the property is suitable for subdivision; and

b. Only one (1) lot to be created within the Rural 1(a) zone smaller than 60 hectares with one (1) existing dwelling house; or

c. In the event that the Rural 1(a) portion of the property is vacant, a building envelope

is to be located in the Rural Lifestyle 1(l) or Rural Enterprise 1(e) zone so no additional dwellings entitlements are created on an undersized Rural 1(a) lot.


prepare a planning proposal explaining the intended effect of the proposed LEP and setting out the justification for making the proposed instrument.


forward the planning proposal to the Minister for Planning for a gateway determination. The Chair in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 7 for and 0 against, as follows:



Matthew Brown 10. NSW DEPARTMENT OF PLANNING – DOCUMENTS RECENTLY ON PUBLIC

EXHIBITION / DRAFT SEPPS EF08/172 Précis: The intention of this report is to inform the Councillors and community of potential changes being made by the NSW Department of Planning.

********** Minute No. 35108

RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that the report be received and information noted. Matthew Brown 11. COUNCIL’S MANAGEMENT PLAN - FEES AND CHARGES

INCREASE – RURAL ADDRESSING FEE EF09/32

Précis: This report outlines an increase to an existing fee in Council’s Fees and Charges.

********** Minute No. 35109

RESOLVED on the motion of Cr Mitchell and seconded by Cr Ainsworth that: 1. Council’s fees and charges be amended to increase the costs of the supply and installation

of Rural Address posts to $135.00 (GST Inclusive). 2. In accordance with the Local Government Act 1993, the proposed fee increase be placed

on public exhibition for a period of a month. 3. If no objections are received during the exhibition period, the proposed new fee be adopted

and included in the fees and charges.

Matthew Brown 12. DSC STANDARD INSTRUMENT (SI) LOCAL ENVIRONMENTAL PLAN (LEP) EF09/89 Précis: This report provides an update in regards to the progress of the DSC SI LEP.

********** Minute No. 35110

RESOLVED on the motion of Cr McKenzie and seconded by Cr Wall that the report be received and information noted.


Kristy Cousins 13. STRATEGIC PLANNING UPDATE EF08/226 Précis: There are at present a number of strategic planning applications (rezonings or planning proposals (PP)) being processed. Refer to the summary and status included below.

********** Minute No. 35111

RESOLVED on the motion of Cr Mitchell and seconded by Cr Ainsworth that the report be received and information noted.

Kristy Cousins 14. LITIGATION REPORT EF08/227 Précis: Reporting on Planning Legal Costs in relation to litigation matters.

********** Minute No. 35112

RESOLVED on the motion of Cr Mitchell and seconded by Cr Booth that the report be received and information noted.

Kristy Cousins 15. DEVELOPMENT APPLICATIONS & COMPLYING DEVELOPMENT CERTIFICATES -

DELEGATED AUTHORITY EF08/228, EF08/423

Minute No. 35113

RESOLVED on the motion of Cr Mitchell and seconded by Cr Farrow that the report be received and information noted.

ENVIRONMENTAL SERVICES DEPARTMENT MANAGER'S REPORTS

Terry Kavanagh 1. PARTICIPATION IN REGIONAL ILLEGAL DUMPING CAMPAIGN

EF08/292

Précis: Dungog Shire Council has been invited to participate in a regional illegal dumping management campaign involving the inspection and mapping of dumping sites and awareness raising and education of the community about responsible waste management.

********** Minute No. 35114

RESOLVED on the motion of Cr McKenzie and seconded by Cr Ainsworth that:

1. The report be received and the information noted. 2. Dungog Shire Council participates in the HCCREMS regional illegal dumping program.


Terry Kavanagh 2. LOCAL APPROVALS POLICY FOR CONVERSION OF SEPTIC TANKS FOR

RAINWATER REUSE (For Irrigation Purposes) EF08/25 & 376 Précis: This report provides for consideration the Draft Local Approvals Policy for the Conversion of Septic Tanks for Rainwater Reuse (for irrigation purposes).

********** Minute No. 35115

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that: 1. The Draft Local Approvals Policy for the conversion of septic tanks for rainwater storage

(irrigation purposes) is advertised and exhibited for a period of 28 days. 2. Submissions are received for a period of 42 days. 3. Once submissions have been considered the policy is resubmitted to Council for final approval.

Terry Kavanagh 3. LOCAL ORDERS POLICY FOR DECOMMISSIONING REDUNDANT SEPTIC TANKS EF08/25 &376 Précis: This report provides for consideration a Draft Local Orders Policy for the decommissioning of redundant Septic Tanks.

********** Minute No. 35116

RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that: 1. The Draft Local Orders Policy for decommissioning Septic Tanks is advertised and exhibited

for a period of 28 days. 2. Submissions are received for a period of 42 days. 3. Once submissions have been considered the policy is resubmitted to Council for final

approval.

Terry Kavanagh 4. GLOUCESTER COAL SEAM GAS PROJECT

EF08/542 Précis: Reporting on the AGL Part 3A application to NSW Planning for the Gloucester Coal Gas Seam Project and providing the minutes of the last meeting of the Community Consultation committee for this project.

*********** Minute No. 35117

RESOLVED on the motion of Cr Ainsworth and seconded by Cr Wall that the report be received and information noted.


Damien Reeves 5. ANTI BARK COLLARS EF08/31 Précis: To provide council with information regarding the hire of anti-bark collars and to propose new fees and charges for this service.

********** Minute No. 35118

RESOLVED on the motion of Cr Wall and seconded by Cr McKenzie that: 1. The abovementioned fees are advertised for a period of 28 days and submissions received

for a period of 42 days from the public. 2. If no substantial objections are raised in the submission process the fees are adopted at the

end of the submission period.

Terry Kavanagh 6. DUNGOG SHIRE COUNCIL LOCAL NOXIOUS WEED COMMITTEE EF08/209 Précis: This report is to request that Council reconvene the Dungog Shire Council Noxious weed Committee.

********** Minute No. 35119

RESOLVED on the motion of Cr Thompson and seconded by Cr Ainsworth that: 1. Council reconvenes the Dungog Shire Council Local Noxious Weed Committee.

2. Council advertise for six community members (three from the Paterson/Allyn River

Catchment and three from the Williams River Catchment) to become members of the Dungog Local Noxious Weed Committee.

3. Councils representatives on the Committee to be Cr Thompson and Cr Ainsworth as

alternate.

4. The final composition and Constitution of this Committee are provided once completed to Council for consideration and formal adoption.

Terry Kavanagh

7. POLICY CONTROL OF BURNING REGULATION EF08/394 Précis: This report is to advise Council of the inclusion of the Dungog Shire Council Local Government Area on the Protection of the Environment Operations Act, Control of Burning Regulation 2002 and to provide for Council information the Control of Burning Policy adopted by Council in July 2008.

********** Minute No. 35120

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that the report be received and information noted.


Cr Farrow left the Chambers at 8.07 pm.

QUESTIONS WITHOUT NOTICE

Cr Wall – Queried when sealing works on Glendonbrook Road would be completed. Executive Manager Infrastructure & Assets replied that sealing would be completed in approximately November when weather conditions are more advantageous.

BUSINESS OF AN URGENT NATURE

Nil.

CLOSED COUNCIL

Minute No. 35121 RESOLVED on the motion of Cr Mitchell seconded by Cr McKenzie that:

1. Council resolve into closed council to consider business identified, together with any late reports tabled at the meeting.

2. 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 confidential under the provisions of section 10A(2) of the Local Government Act 1993.

3. The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.

Council closed its meeting at 8.09 pm. The public and media left the Chambers. Cr Farrow returned at 8.09 pm. Cr Wall left the Chambers at 8.21 pm and returned at 8.24 pm.

Minute No. 35123 A MOTION was moved by Cr Wall and seconded by Cr Booth that Council move out of Closed Council and into Open Council. Open Council resumed at 8.35 pm. The following resolutions of Council while the meeting was closed to the public were read to the meeting by the General Manager.


PLANNING DEPARTMENT MANAGER’S REPORT

Matthew Brown 1. DA 4/2007 – BEISLER - CHANGE OF USE – BAKERY LOT 23 DP 1093765, 2266 STROUD HILL ROAD, ALISON COMPLIANCE WITH DEVELOPMENT CONSENT DA4/2007 Précis: This report addresses a long outstanding compliance issue in respect to Beisler’s Bakery in Dungog. Council’s previous flexible and conciliatory approach is not resolving the issue. Subsequently, this report recommends issuing a notice of intention to issue an order for non compliance with a development consent.

********** Minute No. 35122

A MOTION was moved by Cr Wall and seconded by Cr Booth that: 1. The matter be deferred pending discussions with Mr Beisler. 2. The report and all its contents remain confidential. There being no further business the meeting terminated at 8.36 pm. Confirmed ................................................. Date .................................................

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