Agenda of Ordinary Council Meeting

Ordinary Council Meeting Minutes

3 February 2021

MINUTES OF Liverpool Plains Shire Council
Ordinary Council Meeting
HELD AT THE Council Chambers
ON Wednesday, 3 February 2021 AT 2:30pm

PRESENT: Cr Doug Hawkins OAM (Mayor), Cr Ken Cudmore (Deputy Mayor), Cr Virginia Black, , Cr Ian Lobsey OAM, Cr Paul Moules

IN ATTENDANCE: Joanne Sangster (General Manager), Nathan Skelly (Director Engineering Services), Donna Ausling (Director Environmental and Economic Development Services), Cian Middleton (Executive Manager Corporate Services), Raju Koirala (Executive Manager Finance), Roslyn ten Brink (Coordinator Corporate Services), Christie Pearson (Executive Officer), Deborah Perry-Brown (Executive Support Officer), Jack Crombie (IT Trainee).

AUDIO RECORDING OF MEETINGS

The Mayor informed the meeting as follows:

“Consistent with section 747A of the Local Government Act 1993 and current Public Health Order, this meeting of Liverpool Plains Shire Council is being live-streamed to Council’s website.

A webcast of this meeting will be published to Council’s website at lpsc.nsw.gov.au so that it is available for viewing by members of the public.”

1 Acknowledgement of Country and Council Prayer

Cr Paul Moules recited the Acknowledgement of Country and the Council Prayer.

2 Apologies and Applications for a Leave of Absence by Councillors

The Mayor invited apologies and applications for leave of absence.

Nil apologies or applications were received.

3 Confirmation of Minutes

3.1 Minutes of the Council Meeting held on 16 December 2020

Resolution 2021/1

Moved: Cr Paul Moules

Seconded: Cr Ken Cudmore

1. That the Minutes of the Council Meeting held on 16 December 2020 be received and the recommendations therein be adopted

.Carried

4 Disclosures of Interests

The Mayor requested Councillors disclose any conflicts of interest in matters under consideration at the Ordinary Meeting, in accordance with Part 4 and Part 5 of the Code of Conduct.

Nil disclosures were made

5 Mayoral Minute(s)

Nil

6 Inward Correspondence/Petitions

Nil

7 Reports to Council

7.1 Adoption of draft Long-Term Financial Plan and Asset Management Plans

Resolution 2021/2

Moved: Cr Ken Cudmore

Seconded: Cr Ian Lobsey OAM

That Council:

1. Adopt the draft Long-Term Financial Plan contained at Annexure A, as exhibited, and repeal the Long-Term Financial Plan adopted 22 July 2020.

2. Adopt the draft Transportation Asset Management Plan contained at Annexure B, as exhibited, and repeal the Bridges, Footpaths and Roads Asset Management Plans adopted in 2012.

3. Adopt the draft Buildings and Recreation Asset Management Plan contained at Annexure C, as exhibited, and repeal the Buildings and Other Structures Asset Management Plan adopted in 2012.

4. Adopt the draft Aerodrome Asset Management Plan contained at Annexure D, as exhibited, and repeal the Airport and Facilities Asset Management Plan adopted in 2011.

Carried

7.2 Application for Special Rate Variation 2021/22

Resolution 2021/3

Moved: Cr Ken Cudmore

Seconded: Cr Paul Moules

That Council:

1. Receive the Community Engagement Strategy and Outcomes Report on Council’s proposed Special Rate Variation Application, contained at Annexure A.

2. Receive the 14 public submissions received on Council’s proposed Special Rate Variation Application, contained at Annexure B, and request the General Manager respond to each submission received.

3. Note that an application for a Special Rate Variation is a key strategy from its Fit for the Future Council Improvement Plan, adopted 24 June 2015.

4. Make application to the Independent Pricing and Regulatory Tribunal under section 508A of the Local Government Act 1993 for increases to the ordinary rate income of 8 per cent in 2021/22 (including the rate peg of 2 per cent), 8 per cent in 2022/23 (including an estimated rate peg of 2 per cent) and 8 per cent in 2023/24 (including an estimated rate peg of 2 per cent), representing a total cumulative increase of 25.97 per cent over the three-year period, to be a permanent increase retained within the rate base.

In Favour: Crs Doug Hawkins OAM (Mayor), Ken Cudmore (Deputy Mayor), Ian Lobsey OAM and Paul Moules

Against: Cr Virginia Black

carried 4/1

8 Delegates Reports

Nil

9 Notices of Motions/Questions with Notice

Nil

10 Confidential Matters

Resolution 2021/4

Moved: Cr Paul Moules

Seconded: Cr Virginia Black

That Council considers the confidential report(s) listed below in a meeting closed to the public in accordance with Section 10A(2) of the Local Government Act 1993:

10.1 Service Efficiency and Improvement Plan

This matter is considered to be confidential under Section 10A(2) - (c) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

10.2 Determination of Organisation Structure and Appointment of Senior Staff

This matter is considered to be confidential under Section 10A(2) - (a) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with personnel matters concerning particular individuals (other than councillors).

Carried

Resolution 2021/7

Moved: Cr Paul Moules

Seconded: Cr Virginia Black

That Council moves out of Closed Council into Open Council.

Carried

REPORT ON CONFIDENTIAL MATTERS

The Mayor reported as follows on the matters considered in the confidential section of the meeting:

10.1 Service Efficiency and Improvement Plan

Resolution 2021/5

Moved: Cr Virginia Black

Seconded: Cr Ken Cudmore

That Council:

1. Receive the Service Efficiency and Improvement Plan prepared by CT Management Group Pty Ltd, contained at Annexure A.

2. Note that Management will prepare responses to each of the recommendations contained in the Service Efficiency and Improvement Plan.

Carried

10.2 Determination of Organisation Structure and Appointment of Senior Staff

Resolution 2021/6

Moved: Cr Ian Lobsey OAM

Seconded: Cr Ken Cudmore

That Council:

1. Receive the Organisation Structure Review prepared by CT Management Group, contained at Annexure A.

2. Pursuant to section 333 of the Local Government Act 1993, determine the organisation structure contained at Annexure B to be adopted.

3. Pursuant to section 332 of the Local Government Act 1993, determine the following roles within the organisation structure to be Senior Staff positions:

(a) Director Corporate and Community Services; and

(b) Director Infrastructure and Environmental Services.

4. Note that the organisation structure will be reviewed within 12 months following the next ordinary election, consistent with section 333 of the Local Government Act 1993.

Carried

The Meeting closed at 03:15.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 24 February 2021.

...................................................

Cr Doug Hawkins OAM

CHAIRPERSON

Ordinary Council Meeting Agenda

24 February 2021

5 Mayoral Minute(s)

5.1 Mayoral Minute - Mayoral Activites

File Number: G2020/0441

Author: Doug Hawkins OAM, Mayor

Authoriser:

Annexures: A. Cr V Black Leave of Absence request ⇩

B. Cr P Moules Leave of Abence request ⇩

Purpose

To advise of the Mayor’s representation of Council at functions and events.

background

The Mayor is often required to attend various events, functions, openings and meetings; it is appropriate that these attendances be reported to Council on a monthly basis.

Actions and Functions / Events attended by the Mayor – December 2020
Daily	Briefing with General Manager
01/12/2020	Meeting with new Clontarf mentor
01/12/2020	Destination Management Plan meeting
02/12/2020	Mr Rod Howell and Mr Willard
04/12/2020	Mr Mason Williams – Quirindi Advocate
05/12/2020	Blacktown Christmas function
06/12/2020	Blacktown Christmas function
08/12/2020	Prime 7 interview
09/12/2020	Radio 2TM interview
10/12/2020	Mr Michael Johnsen
14/12/2020	Meeting with new Liverpool Business Chamber
15/12/2020	LPSC Organisation Review/Cultural Assessment with Mr Michael Courtney CT Management Group
22/12/2020	Glenyalla Bridge opening with Mr Barnaby Joyce
23/12/2020	CAG meeting – Royal Theatre

	Actions and Functions / Events attended by the Mayor – January 2021
04/01/2021	SRV Community Information session - Wallabadah
04/01/2021	SRV Community Information session – Quirindi
05/01/2021	SRV Community Information session – Currabubula
05/01/2021	SRV Community Information session – Werris Creek
06/01/2021	SRV Community Information session – Spring Ridge
06/01/2021	SRV Community Information session – Premer
07/01/2021	SRV Community Information session – Willow Tree
08/01/2021	Meeting with Mr C Love, Mr L Maybury and Mr C Saunders
13/01/2021	Australia Day Awards judging
14/01/2021	Prime 7 News interview
14/01/2021	Quirindi Advocate interview
21/01/2021	Video call with Australia Day Ambassador – Mr Ben Farinazzo
22/01/2021	Australia Day briefing
25/01/2021	Australia Day Event run through
25/01/2021	Dinner with Australia Day Ambassador and Councillors
26/01/2021	Australia Day Awards and Citizenship Ceremony – Royal Theatre
26/01/2021	Australia Day Festivities – Warrah and Werris Creek

Mayor’s correspondence – February 2021

16/02/2021	Dept. Mining, Exploration and Geoscience	Mining of coal seam gas
16/02/2021	Dept. Planning, Industry and Environment	Mining of coal seam gas

Recommendation

That Council:

1. Receive and note the Mayoral Minute.

2. Receive and accept Leave of Absence requests from Cr V Black and Cr P Moules.

Ordinary Council Meeting Agenda

24 February 2021

7 Reports to Council

7.1 Resolutions Register

File Number: G2021/0065

Author: Ros ten Brink, Corporate Strategy Coordinator

Authoriser: Joanne Sangster, General Manager

Annexures: A. Council Resolutions Register (As at 16 February 2021) ⇩

Recommendation

That Council:

1. Receive and note the Resolutions Register as at 16 February 2021.

Background

Section 223 of the Local Government Act 1993 (“the Act”) provides that Council’s governing body is responsible for directing and controlling the affairs of Council in accordance with the Act, including making decisions with respect to the exercise of Council’s functions. Decisions of Council’s governing body must be made at meetings of the Council, which must be conducted in accordance with Council’s Code of Meeting Practice.

Section 335 of the Act requires the General Manager to conduct the day-to-day management of Council in accordance with its strategic plans, programs, strategies and policies, and to implement, without undue delay, lawful decisions of the Council.

Issues and CommentARY

The Resolutions Register appended at Annexure A lists all resolutions of Council, commencing 01 January 2021, that require further action by Officers in order to be implemented.

Each resolution has been assigned to the appropriate Officer, who is responsible for completing any actions required to effectively implement the respective resolution.

The register excludes those resolutions of Council that do not require further action.

Commencing 01 January 2021, Council has made four resolutions requiring further action. As illustrated in Table 1, below, two resolutions have been completed and actioned as at the date of this Business Paper being published, and two remain outstanding.

*Table 1: Council Resolution Status Summary*
Status	Definition	Number
Complete	Action completed by date of Business Paper publication.	2
Outstanding	Action not completed by date of Business Paper publication.	2
	TOTAL	4

LEGISLATIVE AND POLICY Implications

As detailed above, the Act requires the General Manager to implement, without undue delay, the lawful decisions of Council. The Resolutions Register clearly details how the General Manager is implementing Council’s decisions, consistent with resolutions made at its meetings.

Financial Implications

There are no financial implications for Council associated with this report.

RISK Implications

Provision of the Resolutions Register mitigates the risk of actions not being implemented in a timely manner.

COMMUNITY Consultation

There are no community consultation requirements for Council associated with this report.

Conclusion

The Resolutions Register appended at Annexure A lists all Council resolutions, commencing 01 January 2021, requiring further action, and the status of implementing each action. It is recommended that Council receive and note the Resolutions Register.

LinkAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

“Council’s strategies, plans and decision making will have a strong focus on financial, economic, social and environmental sustainability.”

Ordinary Council Meeting Agenda

24 February 2021

7.2 Executive Area Works Report

File Number: G2021/0066

Author: Deborah Perry-Brown, Executive Support Officer

Authoriser: Joanne Sangster, General Manager

Annexures: Nil

Recommendation

That Council:

1. Receive and note the Executive Area Works Report.

Background

This report provides an overview of progress with key activities in the Executive Services area for the previous period.

Issues and CommentARY

Weekly meetings with Senior Management Team – comprising of General Manager, Director Environmental and Economic Development Services, Director Engineering Services, Executive Manager Finance, Executive Manager Corporate Services, People and Culture Business Partner, Economic Development Officer, Waste and Assets Manager, Executive Support Officer.

General Manager Actions

The General Manager is often required to attend various events, functions and openings. It is appropriate these be reported to Council on a monthly basis.

Actions and Functions / Events attended by the General Manager
DECEMBER 2020
01/12/2020		Meeting with Mayor Hawkins – at least weekly
01/12/2020		Ms Edwina Mackay – Leading Roles Business Development Manager
01/12/2020		Ms Jenny Rand – Destination Management Plan
02/12/2020		Meet with Mr Matthew Sadlier – Best Practice Constructions
04/12/2020		Mr Mason Williams – Quirindi Advocate
10/12/2020		Joint Consultative Committee meeting
21/12/2020		Namoi Joint Organisation Leadership Team (JOLT) meeting - Tamworth
22/12/2020		Glenyalla Road Bridge opening – Mr Michael Johnsen
JANUARY 2021
04/01/2021	Wallabadah – SRV Community information session
04/01/2021	Quirindi – SRV Community information session
05/01/2021	Currabubula – SRV Community information session
05/01/2021	Werris Creek – SRV Community information session
06/01/2021	Spring Ridge – SRV Community information session
07/01/2021	Willow Tree – SRV Community information session
08/01/2021	Mr C Love, Mr L Maybury and Mr C Saunders.
18/01/2021	Cr Cudmore, Mr Les Brown – Quirindi Air and Nathan Skelly
19/01/2021	Namoi Joint Organisation Leadership Team (JOLT) meeting - Tamworth
21/01/2021	Joint Consultative Committee meeting
22/01/2021	Mrs Colleen Wills
Outgoing correspondence
Date		Addressee	Subject
19/01/2021		Dr R Leonard	Citizenship
20/01/2021		Ms Josmy Joseph	Citizenship

HR Activity Report

· Recruitment - currently recruiting for 2 x General Hand positions in the Roads team. Interviewing for Overseer position.

· Staff Survey – currently seeking quotes with organisational development companies.

· Working with Children – updating the WWCC register and employer validation and updated Child Protection Policy.

· Joint Consultative committee - meeting held on 21 January next scheduled for

18 February.

WHS Activity Report

· Substance & Alcohol testing carried out by Integrity Sampling on the 10/02/2021 with 20 LPSC staff checked. Good outcome with all 20 workers returning clear results.

· Work Safely at Heights and Enter & Work in Confined Space training scheduled 23/02/21 and 15-16/03/21 for applicable staff working in these types of environments. Nil cost to Council, as the training is fully funded.

· Plans in progress to re-group and recruit new WHS Committee members. New version - Communication and Consultation Policy and Procedure, WHS Committee Constitution documents drafted; awaiting approval.

· Investigating options for Chainsaw Operation level 1 & 2 training for applicable outdoor staff.

· Visiting various worksites to carry out general safety inspections and talking with workers.

Public Relations

This report covers the period 02 December 2020 to 12 February 2021.

· Prepare and distribute 47 media releases

· 367 social media posts during the period

· Liaising with journalists

· Campaigns over this period include; SRV, Waste disposal, Illegal dumping, Water Consciousness, Go Local First, Overgrown allotments, Noxious weeds, upcoming Military Tattoo, Be Kind Liverpool Plains, Christmas Lights comp, Sunny-side Up, Australia Day Awards comp, Australia Day events, Plains Fitness, Royal Theatre events, Home Support Services, Swimming Pools, Libraries, Showground redevelopment, Sporting fields redevelopment, Covid-19 daily updates, Severe storm alerts, Road closures due to flooding, Funding opportunities, Holiday road safety, Local Crime prevention

LEGISLATIVE AND POLICY Implications

There are no legislative or policy implications for Council associated with this report.

Financial Implications

There are no financial implications for Council associated with this report.

RISK Implications

There are no risk implications for Council associated with this report.

COMMUNITY Consultation

There are no community consultation requirements for Council associated with this report.

Conclusion

This report provides an overview of activities within the General Manager’s Office over December 2020 and January 2021. It is recommended that Council receive and note the report.

LinkAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

“Build an identity focused on unity, enterprise, and growth.”

Ordinary Council Meeting Agenda

24 February 2021

7.6 Combined Delivery Program and Operational Plan Progress Report as at 31 December 2020

File Number: G2021/0058

Author: Cian Middleton, Executive Manager Corporate Services

Authoriser: Joanne Sangster, General Manager

Annexures: A. Combined Delivery Program 2017-2021 and Operational Plan 2020-2021 Progress Report as at 31 December 2020 ⇩

Recommendation

That Council:

1. Receive and note the combined Delivery Program and Operational Plan Progress Report as at 31 December 2020, contained at Annexure A.

Background

The Integrated Planning and Reporting (“IP&R”) framework contained in the Local Government Act 1993 (“the Act”) requires Council to develop and adopt an inter-related suite of strategic documents, including a 10-year Community Strategic Plan, four-year Delivery Program and annual Operational Plan. Under the IP&R framework, Council’s General Manager must ensure that regular progress reports are provided to Council detailing the organisation’s progress with respect to implementing the Delivery Program and Operational Plan.

Council’s 10-year Community Strategic Plan was adopted at the Ordinary Meeting of Council held 27 June 2017 [res. 2493]. The Community Strategic Plan outlines four strategic outcomes, which are supported by a combined total of 18 targets. Council’s combined Delivery Program and Operational Plan, which was adopted by Council at its Ordinary Meeting held 18 June 2020 [res 2020/107], details the four-year principal activities and annual actions that will be undertaken to meet those targets.

Issues and CommentARY

In 2020-21, Council has committed to delivering 101 actions focused on achieving the community’s vision across the four key strategic outcome areas set out in the Community Strategic Plan.

Each of the 101 actions contained in the combined Delivery Program and Operational Plan has been assigned to a member of Council’s Executive Team for completion. In turn, each member of the Executive Team is responsible for monitoring the actions assigned to their position and providing a progress status.

A Progress Report detailing Council’s progress in achieving those actions over the six-month period from 01 July to 31 December 2020 is contained at Annexure A.

A summary of Council’s progress in implementing its combined Delivery Program and Operational Plan for the six-month period to 31 December 2020 is set out in Table 1 – Operational Plan Progress Summary, below:

Table 1 – Operational Plan Progress Summary
		Our Year-to-Date Progress
Community Strategic Plan Outcome		Complete		Commenced On Target		Commenced Behind Plan		Not Commenced		Urgent Action Required
Community Strategic Plan Outcome		No.	%	No.	%	No.	%	No.	%	No.	%
1	Community	2	7.7	17	65.4	0	0.0	7	26.9	0	0.0
2	Governance	7	16.6	26	62.0	5	11.9	4	9.5	0	0.0
3	Environment	3	12.4	18	75.0	2	8.4	1	4.2	0	0.0
4	Economy	0	0.0	5	55.6	2	22.2	2	22.2	0	0.0
Total		12	12.0	66	65.3	9	8.9	14	13.8	0	0.0

Of the 101 actions contained in the combined Delivery Program and Operational Plan, a combined total of 77.3 per cent have been achieved or are on track to being achieved. A further 13.8 per cent were not scheduled to commence during the reporting period. A combined total of 8.9 per cent are either at behind plan or require urgent action.

Supporting commentary on all actions either behind plan or requiring urgent action has been included in the Progress Report.

LEGISLATIVE AND POLICY Implications

As detailed above, the combined Delivery Program and Operational Plan forms part of Council’s IP&R framework, which Council is required to develop and implement under the Act. The General Manager is required to provide regular reports to Council and the community on the progress of the Delivery Plan’s implementation, and this report reflects that legislated requirement.

Financial Implications

Actions contained in the combined Delivery Program and Operational Plan are resourced for delivery in the accompanying 2019-2020 Budget.

RISK Implications

As illustrated in Table 1, above, nine of the 101 actions contained in the combined Delivery Program and Operational Plan (representing 8.9 of all actions) are either behind plan or require urgent action. Management is prioritising delivery of those actions, to ensure they are successfully achieved on or before 30 June 2021.

COMMUNITY Consultation

There are no community consultation requirements for Council associated with this report. The combined Delivery Program and Operational Plan aligns with Council’s Community Strategic Plan, the development of which was informed by extensive community consultation.

Conclusion

It is recommended that Council receive and note the combined Delivery Program and Operational Plan Progress Report as at 31 December 2020. The document, once formally received by Council, will be published to Council’s website as open access information.

LinkAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

“Manage Council finances wisely.”

“Council’s strategies, plans and decision making will have a strong focus on financial, economic, social and environmental sustainability.”

Ordinary Council Meeting Agenda

24 February 2021

7.7 Approval to Endorse and Affix Council Seal to Lease - Premer Medical Centre Building, 61 Ellerslie Street, Premer

File Number: G2021/0055

Author: Cindy Teuma, Coordinator Property, Lands and Insurance

Authoriser: Cian Middleton, Executive Manager Corporate Services

Annexures: Nil

Recommendation

That Council:

1. Endorse and affix its Council Seal to the Lease between Liverpool Plains Shire Council and Ooranga Family Mobile Resource Unit Association Incorporated, for the provision of Preschool Services at the facility known as the Premer Medical Centre, 61 Ellerslie Street, Premer.

2. Delegate authority to the Mayor and General Manager to execute all required documentation pertaining to the implementation of the Lease between Liverpool Plains Shire Council and Ooranga Family Mobile Resource Unit.

Background

Council owns public land at 61 Ellerslie Street, Premer, which is classified as operational land for the purposes of the Local Government Act 1993 (“the Act”). The multi-purpose building located on the land, known as the Premer Medical Centre, currently houses the Premer Country Women’s Association (“CWA”) as well as a monthly medical clinic delivered by the Hunter New England Area Health Service.

Issues and CommentARY

Ooranga Family Mobile Resource Unit Association Incorporated (“Ooranga”) currently provides mobile early childhood services across the Liverpool Plains Shire local government area, including at Currabubula, Spring Ridge and Premer, as well as remote localities in the Gunnedah and Narrabri local government areas.

Oooranga previously utilised McMaster Hall as the venue for its services, however, due to the poor condition of that building; Ooranga approached Council in November 2020 with a request to lease an area within the Premer Medical Centre for the provision of preschool services two (2) days per week.

Management was agreeable to Ooranga’s request, noting the community benefit that Ooranga’s preschool services provides. Council Officers subsequently consulted with the other users of the Premier Medical Centre, namely the Premer CWA and Hunter New England Health, and have confirmed both are agreeable to Ooranga leasing an area within the Premier Medical Centre building.

LEGISLATIVE AND POLICY Implications

The Act provides Council the ability to approve leases and licences of public land, subject to certain requirements (depending on whether the land is classified as operational land or community land). However, as detailed above, the Premer Medical Centre is located on operational land and, as such, no special restrictions apply to the granting of the lease.

Requirements in relation to Council’s Seal are detailed in clause 400 of the Local Government (General) Regulation 2005, which provides that the Council Seal must not be affixed to a document unless the document relates to Council business and the Council has resolved that the Seal be so affixed to the document. Given a lease confers a legal right to exclusive possession of premises for a specified period, it is considered a dealing for the purposes of the Real Property Act 1900 and the lease needs to be affixed with Council’s Seal.

Financial Implications

There are no financial implications for Council associated with this report.

RISK Implications

There are no significant risks for Council associated with this report.

COMMUNITY Consultation

There are no community consultation requirements for Council associated with this report.

Conclusion

It is recommended that Council resolve to endorse and affix its Council Seal to the Lease, when finalised, and delegate to the Mayor and General Manager the authority to execute all required documentation to finalise the acquisition.

LinkAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

“Manage Council finances wisely.”

“Work in partnership to explore long term solutions for infrastructure and costs, and develop business cases for further funding.”

Ordinary Council Meeting Agenda

24 February 2021

7.8 Engineering Directorate Works Report - February 2021

File Number: G2021/0044

Author: Nathan Skelly, Director Engineering Services

Authoriser: Joanne Sangster, General Manager

Annexures: Nil

Recommendation

That Council:

1. Receive and note the Engineering Directorate Works Report – February 2021

Background

N/A

Issues and CommentARY

Quirindi Library

Works are progressing well with the construction. Structural works for the slab and roofing truss are nearing completion. Wet weather has delayed the works a bit, with the expected completion date now mid-June. Council’s project manager is working with the contractor to accelerate this as much as possible. The project is currently tracking within budget.

Glenyalla Road Bridge Replacement

Construction of the bridge is completed, with the opening undertaken on 22 December 2020.

Netball/Basketball Courts & Tennis Club Lighting

The contractor has been levelling the surface and preparing it for the application of the acrylic coating. The temperatures through January have delayed this process, as it poses a risk to the placement of the acrylic surface. Works are expected to be completed by the end of February.

Accessibility Access to Royal Theatre

Works 80% completed. The lift has been received and is being installed at the time of writing this report.

New Changing Rooms – Golland Field

Quotations have been received for the installation of changing rooms at Golland Field. Waiting on agency funding confirmation under the Recreational Strategy.

Extension of Longfield Oval No 2

Survey has been completed and design underway.

RMCC – Kamilaroi Hwy

Proposals have been sent to Transport for NSW for various ordered works on the Kamilaroi Highway. These works are completed at full cost recovery.

Unsealed Roads

R2R approved projects

Warrah Creek Road – completed

Pandora Pass Road – completed

Coomoo Coomoo Creek Road – completed

Wallabadah Creek Road – completed

Sealed Roads

REPAIR Programme

Pavement rehabilitation will be undertaken in George Street between the IGA and the railway Station starting 22 February. Works will be undertaken in a staged approach to minimise the size and duration of road closures, and has been scheduled with proposed sewerage works to minimise the impact to residents and businesses.

Shoulder rehabilitation works has commenced on Coonabarabran Road, with works currently being completed ahead of expectations.

Merriwa Road

Rectification works to the Merriwa Road dropout site are completed to a high quality, and in accordance with the structural design.

Local Road Rehabilitation

Blackville Road sealing has commenced under the Fixing Local Roads funding Council received. It is expected these will be finished by the end of April

Centre Street rehabilitation is to commence in March, with water main renewal works underway at the time of writing this report.

Werris Creek Gap Road Economic Precinct Southern Access

Tenders have been called through Local Government Procurement for the detailed design work needed for this project.

Bridges

Council has received notification that it has been successful in its submission to Fixing Country Bridges for funding for the replacement of the Gurton Street bridge and the Bridge Road bridge. Council officers met with representatives from Transport for NSW (TfNSW) around the delivery methodology for these projects. At the time of writing, it is expected that TfNSW will take a lead role in the delivery of these bridges across the region.

Parks & Gardens

Maintenance works are continuing to cope with the rapid grass growth. The slashing of roadsides has been limited to a single cut to enable Council to deal with the rapid growth quickly. All other maintenance activities are being managed.

Asset Management

Council has been notified of its success in obtaining funding for bridge load assessments under the National Heavy Vehicle Regulator’s (NHVR) Strategic Local Government Asset Assessment Project (SLGAAP). Work is to be done with the NHVR on exactly which bridges were successful, however the focus on the assessment is to confirm the capacity of the bridges for higher productivity vehicles.

Council also submitted grant applications to the NSW Governments Fixing Local Roads program totalling $6,197,795 for the following:

Road	Funding Sought
Bulunbulun Road	$1,302,251
Cattle Creek Road	$772,103
Moreduval Lane	$2,164,703
Inverkip Road	$704,888
Piallaway Road	$1,253,850

This funding was not able to be applied to Regional Roads such as Coonabarabran Road.

Water Services

Work has commenced on the Centre St water main renewal in advance of the road reconstruction. Delivery of the work is being undertaken by contractor utilising a large extent of under-boring techniques to install the pipework introducing less inconvenience to residents from open trenching and minimising supply outages. A compact delivery timeframe has also been achieved through this method in order to allow timely commencement of roadworks to occur.

Quarter 3 water meter reading commences 15^th February 2021.

Wastewater Services

Wastewater mains relining to commence with preliminary work in late February, following by liner installation during March. This is a joint project with Gunnedah Shire to achieve contract savings. Approximately 1.4km of mains will be relining including critical mains in the vicinity of both the Quirindi and Werris Creek treatment plants.

The design and tender documents for the Quirindi Wastewater Treatment Plant upgrade are being finalised. The final draft of the design will be submitted to the Department of Planning, Industry and Environment to complete the Section 60 consultation process and ultimately receive approval. Construction is planned to begin in the next financial year.

A stakeholder workshop for the Werris Creek wastewater reuse investigation was undertaken in December. The outcomes of the workshop have been finalised and the next phase will be to establish a clear scope for the project to proceed.

LEGISLATIVE AND POLICY Implications

There are no legislative or policy implications for Council associated with this report.

Financial Implications

All works are completed within approved budgets.

RISK Implications

Report provided for information for Council.

COMMUNITY Consultation

There are no community consultation requirements for Council associated with this report.

Conclusion

The above report is provided as information for Council.

LinkAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

“Infrastructure is well planned and maintained and will meet our needs now and in the future.”

Ordinary Council Meeting Agenda

24 February 2021

7.9 Water Supply Status Report

File Number: G2021/0062

Author: Luke Whitten, Water Services Engineer

Authoriser: Rodney Batterham, Water Services Manager

Annexures: Nil

Recommendation

That Council:

1. Receive and note the Water Supply Status Report.

Background

Council maintains eight potable town water supply systems. These systems rely on a combination of ground and surface water sources which are susceptible to drought and changing water quality conditions. Water Services staff constantly monitor and adapt with the actions required to provide a continuous supply of good quality drinking water as these changes occur.

Issues and CommentARY

(a) WATER QUANTITY

The climate outlook from the Bureau of Meteorology (“BOM”) is for average rainfall over the next three months. While the temperature outlook is for average maximum temperatures and above average overnight temperatures.

All supplies in the Liverpool Plains Shire local government area are currently on Level P Water Conservation Measures which allows for the use of sprinklers and other fixed surface watering systems from 6pm to 8am (Daylight Savings Time). Handheld hoses and buckets and watering cans can be used anytime except during the heat of the day. Consumers are always encouraged through the Level P measures to follow common sense water use practices to help maintain a sustainable water supply.

With the warmer months now upon us, consumers are reminded that even a small change in water usage can contibute to sustaining the communities drinking water supplies for longer.

Quirindi Supply Status

Both production volumes and the bore levels have been volatile since October. Significant rainfall events have reduced water demand to winter levels and given the bores a reprieve while the periods between rainfall have resulted in production increasing rapidly with the result evident on the bore levels. Overall production is down significantly compared to typical levels.

Werris Creek Supply Status

Quipolly Dam water level was measured at 97.4 per cent of full supply capacity at the end of January. Quipolly Dam has been around 90 per cent or above for close to 12 months as a result of consistent rainfall throughout the year. Water production for Werris Creek has followed a very similar trend to Quirindi for the same reasons.

Villages Water Supply Status

Village water supplies were typically steady over the last two months with some improvement as a result of rainfall.

(B) WATER QUALITY

A large Blue Green Algae (BGA) bloom is currently occurring at Quipolly Dam with levels in the Very High Alert range for the response protocol. The current bloom includes a BGA species that is not common in Quipolly Dam and is significantly more challenging to treat than common species. NSW Health have been kept up to date regarding this BGA bloom and continue to support Council’s actions as appropriate and safe. The Water Services staff continue to competently respond to this treatment challenge.

Having said that the current treatment plant at Werris Creek has limited capacity to modify the treatment method to deal with this BGA. To date testing has shown there has been no identification of this BGA within the water reticulation system.

LEGISLATIVE AND POLICY Implications

There are no legislative or policy implications for Council associated with this report.

Financial Implications

There are no financial implications for Council associated with this report.

RISK Implications

As detailed above, a large BGA bloom is currently occurring at Quipolly Dam, including a BGA species that is not common in the Quipolly Dam and is significantly more challenging to treat than common species. As noted, Water Service staff continues to respond to this treatment challenge to mitigate the risks involved.

COMMUNITY Consultation

Community engagement continues through several resources available on the Council website for the community to access.

Water Services staff continue to consult with NSW Health regarding BGA in Quipolly Dam.

Conclusion

It is recommended that Council receive and note the Water Supply Status report as detailed above.

LinkAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

“Improve water supply through additional storage, water tanks, and adopting better water utilisation practices.”

“Work in partnership with other agencies to assist in reducing water consumption.”

Ordinary Council Meeting Agenda

24 February 2021

7.10 Draft Managing Contaminated or Potentially Contaminated Land Policy

File Number: G2021/0061

Author: Alice Elsley, Town Planner

Authoriser: Joanne Sangster, General Manager

Annexures: A. Managing Contaminated or Potentially Contaminated Land Policy 2019 (Draft) ⇩

Recommendation

That Council:

1. Place the draft Managing Contaminated or Potentially Contaminated Land Policy, contained at Annexure A, on public exhibition for a period of 28 days.

2. Receive a further report following conclusion of the public exhibition period, or, if no submissions are received, adopt the draft Managing Contaminated or Potentially Contaminated Land Policy as exhibited.

Background

The draft Managing Contaminated or Potentially Contaminated Land Policy 2019 (“the draft Policy”) aims to provide a framework to assist Council, residents and proponents of development to respond proactively to contaminated land-based hazards and risks.

The Policy is an outcome of the Regional Contaminated Land Capacity Building Program funded by the NSW Environment Protection Authority (“EPA”). Liverpool Plains Shire Council participates in Program through the Namoi Joint Organisation (“Namoi Unlimited”), which also the Gunnedah Shire, Gwydir Shire, Tamworth Regional and Walcha Shire Councils. The draft Policy has been developed in consultation with each Council.

Issues and CommentARY

The draft Policy, appended at Annexure A, has been designed to enable Council to meet its statutory obligations when carrying out planning and regulatory functions in respect to contaminated lands. Such functions include, but are not limited to the:

· provision of Section 10.7 Planning Certificates;

· assessment of Development Applications;

· rezoning of land;

· reporting of contaminated land;

· regulation of underground petroleum storage systems; and

· release of information in accordance with the requirements of the Government Information (Public Access) Act 2009.

Additionally, the draft Policy seeks to assist Council to identify, assess, record and manage contaminated land, and educate the community about contaminated land processes and risks. An internal operating procedure and communications strategy will be used to support the implementation of the Policy following public consultation and adoption.

The next step is to place the draft Policy on public exhibition for a period of twenty-eight (28) days. If any submissions are received during the public exhibition period, a further report will be presented to Council accordingly. However, if no submissions are received, it is recommended that Council adopts the draft Policy as presented.

LEGISLATIVE AND POLICY Implications

The draft Policy has been developed to ensure that Council fulfils its legal obligations under the Environmental Planning and Assessment Act 1979 and corresponding Regulation 2000, the Protection of the Environment Operations Act 1997, the Contaminated Land Management Act 1997, State Environmental Planning Policy No. 55 and associated Guidelines, and the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019.

Financial Implications

The draft Policy has been developed through Namoi Unlimited and funded by the NSW EPA’s Regional Contaminated Land Capacity Building Program. There are no financial implications for Council in this regard.

RISK Implications

Adoption of the draft Policy, once exhibited, will mitigate the risks associated with non-compliance with Council’s legislative responsibilities under the Environmental Planning and Assessment Act 1979 and corresponding Regulation 2000, the Protection of the Environment Operations Act 1997, the Contaminated Land Management Act 1997, State Environmental Planning Policy No. 55 and associated Guidelines, and the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019.

COMMUNITY Consultation

Community consultation will occur through the public exhibition of the draft Policy for a period of 28 days.

Conclusion

The draft Managing Contaminated or Potentially Contaminated Land Policy 2019 has been prepared through the Namoi Unlimited Regional Organisation of Councils as a part of a capacity building program funded by the NSW Environment Protection Authority. The draft Policy seeks to ensure that Council’s statutory obligations are being met, and to improve knowledge about contaminated land within Council and across the broader community.

It is recommended that Council resolve to place the draft Policy on public exhibition for a period of 28 days. Should no submissions be received during this period, the draft Policy will be adopted as exhibited. However, should any submissions be received during this period, a further report will be provided to Council.

LinkAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

“Recognise that overarching planning guidelines and frameworks need to be adapted to our local needs.”

Ordinary Council Meeting Agenda

24 February 2021

7.11 Draft Amendment No. 5 to Development Control Plan

File Number: G2021/0064

Author: Alice Elsley, Town Planner

Authoriser: Joanne Sangster, General Manager

Annexures: A. Amendment No. 5 to Liverpool Plains Shire Council Development Control Plan (Draft) ⇩

Recommendation

That Council:

1. Place the draft Amendment No. 5 to Liverpool Plains Shire Council’s Development Control Plan on public exhibition for a period of at least 28 days.

2. Receive a further report following conclusion of the public exhibition period, or, if no submissions are received, adopt the draft Amendment No. 5 to Liverpool Plains Shire Council’s Development Control Plan as exhibited.

Background

Liverpool Plains Shire Council’s Development Control Plan (“DCP”) came into effect in May 2012 and has been amended over the ensuing years. The draft Amendment No. 5 to the DCP proposes changes that have been noted during the assessment of various Development Applications since the last in-depth review of the DCP in 2017. Legislative references have also been amended accordingly throughout the DCP.

The proposed amendments to the DCP also align with the actions under Council’s Local Strategic Planning Statement, and Delivery Program and Operational Plan.

Issues and CommentARY

The draft amendment No. 5 to the DCP, appended at Annexure A, aims to clarify the current provisions and introduce new provisions for developments that have not been previously addressed. Changes are indicated in red font.

The revised DCP provisions relate to:

· building setbacks and shed sizes;

· building heights;

· temporary accommodation;

· outbuildings;

· relocated dwellings;

· pools and spas;

· private open space;

· fencing;

· battle axe lots;

· vegetation;

· traffic; and

· parking.

The new provisions in the DCP pertain to shipping container developments, outbuildings, dual occupancy (attached), letter boxes, detached studios, water sensitive urban design, residential flat buildings and biodiversity.

It is recommended that Council agrees to place the draft Amendment No. 5 to the DCP on public exhibition for a period of at least twenty-eight (28) days. Submissions received during the public exhibition period shall be addressed in a further report to Council, with any alterations discussed in detail. If no submissions are received, it is recommended that Council adopts amendment No. 5 to the DCP as presented.

LEGISLATIVE AND POLICY Implications

As detailed above, references to legislation have been revised in the draft Amendment No. 5 to the DCP to reflect current legislation.

Financial Implications

There are no financial implications for Council associated with this report.

RISK Implications

There are no risk implications for Council associated with this report.

COMMUNITY Consultation

Community consultation will occur through the public exhibition of the draft amendment No. 5 to the DCP for a period of 28 days.

Conclusion

The draft Amendment No. 5 to the DCP seeks to clarify existing and include new provisions to ensure that the DCP remains up to date. It is recommended that Council resolve to place the draft Amendment No. 5 to the DCP on public exhibition for at least 28 days. Should no submissions be received during this period, the draft Amendment No. 5 will be adopted as exhibited. However, should any submissions be received during this period, a further report will be provided to Council.

LinkAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

“Council’s strategies, plans and decision making will have a strong focus on financial, economic, social and environmental sustainability.”

“Recognise that overarching planning guidelines and frameworks need to be adapted to our local needs.”

Ordinary Council Meeting Agenda

24 February 2021

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Ordinary Council Meeting Agenda

24 February 2021

7.12 Recreation Strategy Implementation Progress Report

File Number: G2021/0056

Author: Ian George, Economic Development Officer

Authoriser: Joanne Sangster, General Manager

Annexures: A. Project Dashboard Summary - Ordinary Meeting of Council - February 2021 ⇩

Recommendation

That Council:

1. Receive and note the update on the implementation of Council’s Recreation Strategy, as detailed in this report.

Background

In May 2020, Council formally endorsed the Liverpool Plains Shire Recreation Strategy and two Master Plans [res. 2020/97]. The objective of the Recreation Strategy is to provide a clear direction for the future development of sport and recreation activities within the Shire and direction for facility development at the Quirindi Showground and Racecourse, and the sporting precinct including Longfield, Golland and Milner Parade tennis courts.

The outlined aim of the Recreation Strategy and two Master plans are to:

· Provide a framework for Council to guide the provision of sport and recreation facilities to support active and socially connected lifestyles on the Liverpool Plains for the long term.

· Identify the overall directions and outcomes necessary to support Council's commitment to sport and recreation over the next ten (10) years.

· Deliver a coordinated strategy in consultation and collaboration with key stakeholders.

Issues and CommentARY

Funding has been secured to the value of $3,532,950 through various funding bodies to deliver the implementation of the Recreation Strategy focusing on the Showground Precinct and the Quirindi Sporting Fields Precinct. The implementation of the Recreational Strategy individual projects are being project managed by Council’s Engineering Services department.

Showground Precinct

Funding was obtained for the Showground Precinct through the Showground Stimulus Fund - Crown Lands (State Government) to the value $2,567,950.

Engineering Services have completed a survey of the grounds and have appointed GHD for the design of the Pavilion and Clubrooms. The design has been finalised, with development applications submitted for both the club rooms and pavilion. Structural engineering works are now proceeding to enable tendering of the construction of these buildings.

Contracts have been awarded for the replacement of the trotting track and the relocation of the rodeo and camp draft arena. Works are scheduled to commence in the coming weeks for both projects.

Quirindi Sporting Precinct

Further funding was obtained for the Quirindi Sporting Precinct Redevelopment through the Local Drought Stimulus (State Government) to the value of $550,000. This funding was secured to deliver the redevelopment of Quirindi Sporting Precinct - Longfield Oval and Golland Fields to be aligned with Recreation Strategy.

The installation of the two synthetic cricket pitches at Golland Field has been completed. The works included the laying of concrete bases and new synthetic wickets for two (2) cricket pitches. Quotes have been received for the Golland Field soccer relocation.

A consultant has completed surveys for Longfield Oval and Golland Fields to ensure the sporting precinct has a level playing surface when complete. Prices have been obtained for the refurbishment of the existing grandstand at Longfield Oval and the installation of the Golland Field changing rooms.

Multi-purpose courts

The physical works of the provision of three new multipurpose, all-weather combined basketball/netball courts funded by the Stronger Country Communities Fund Round 1 (State Government) to the value of $415,000 has commenced with a forecasted completion date of mid -February 2021.

The project will include new fencing, construction of kerbing and walls, installation of lighting, asphalting, and the installation of the sporting surface with line marking.

The contractors have nearly completed all works with the acrylic sporting surface being applied to the asphalt base which is forecasted to be finalised by mid-February. The lighting and fencing for the project have been completed.

Condition Assessment for Swimming Pools

In line with the recommendations contained within the adopted Recreation Strategy [res. 2020/97]. Engineering consulting firm Constructive Solutions have completed condition assessments for the Quirindi and Werris Creek Swimming Pools. A copy of the corresponding reports has been furnished to Councillors at an internal workshop.

The recommendations of these reports will inform Councils future decision making regarding the ongoing and strategic engagement of Councils aquatic facilities.

LEGISLATIVE AND POLICY Implications

There are no legislative or policy implications for Council associated with this report.

Financial Implications

Funding for all actions identified in Council’s Recreation Strategy 2020-2030 will be sought from sources such as Council revenue, grant funding and developer contributions. The total amount of funding secured for the implementation of the Recreation Strategy to date is $3,532,950.

RISK Implications

There are no risk implications for Council associated with this report.

COMMUNITY Consultation

Community consultation is ongoing and being led by the respective Project Managers of the individual projects with key user stakeholders with the view of expediating project deliverables.

Conclusion

This report provides an update on the implementation of the Recreation Strategy. It is recommended that Council receive and note the report.

LinkAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

“Council’s strategies, plans and decision making will have a strong focus on financial, economic, social and environmental sustainability.”

Ordinary Council Meeting Agenda

24 February 2021

7.13 Construction of a Shed with Attached Awning (12.5m x 10.5m), 55 Ray Carter Drive, Quirindi NSW, 2343

File Number: G2021/0063

Author: Gunther Weidenmann, Town Planner

Authoriser: Cian Middleton, Executive Manager Corporate Services

Annexures: A. Plans of the Development ⇩

B. Schedule 1 - Conditions of Development Consent ⇩

Recommendation

That Council:

1. Grant consent subject to conditions, as detailed in Schedule 1: Conditions of Development Consent – DA 1/2021. Development Application 1/2021 be determined pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979.

Mandatory Statutory Requirements

Councillors, applicants, persons making public submissions (written or verbal) and members of the public are advised of the following relevant procedural requirements;

1) Record (Division) of Voting

In accordance with Section 375A(3) of the Local Government Act 1993, a Division is required to be called whenever a motion for a planning decision is put at a meeting of the Council or a Council Committee.

A division under Section 375A(3) of the Act is required on this Planning Application.

2) Relevant Planning Application

In accordance with Section 10.4(4) of the Environmental Planning and Assessment Act 1979, a person who makes a relevant planning application to Council is required to disclose the following reportable political donations and gifts (if any) made by a person with a financial interest in the application within the period commencing 2 years before the application is made and ending when the application is determined:

(a) all reportable political donations made to any local councillor of the Council;

(b) all gifts made to any councillor or employee of the Council.

3) Relevant Public Submission

In accordance with Section 10.4(5) of the Environmental Planning and Assessment Act 1979, a person who makes a relevant public submission to Council in relation to a relevant planning application made to the Council is required to disclose the following reportable political donations and gifts (if any) made by the person making the submission or any associate of that person within the period commencing two years before the submission is made and ending when the submission is determined.

Disclosure of Reportable Political Donations and Gifts

a) Planning Applications

Nil.

b) Public Submissions

Nil.

Executive Summary

Development Application (DA) 1/2021 seeks consent for the construction of a Shed with an Attached Awning on Lot 119 in DP 818546 (the ‘subject land’) – 55 Ray Carter Drive, Quirindi NSW 2343. DA 1/2021 was lodged on 7 January 2021.

The proposed development will have a floor area of 131.25m² (12.5m x 10.5m) and a height of 4.575m.

DA 1/2021 has been referred to Council for determination as the proposal seeks variations to the Liverpool Plains Shire Council Development Control Plan 2012 (DCP). In particular, the proposed shed will not comply with side setback requirements under Section 3.1.1 of the DCP and will also be located in front of the main dwelling, contrary to the standards under Section 3.1.10 of the DCP.

Supporting Information

DA 1/2021 has been lodged over Lot 119 in DP 818546, identified as 55 Ray Carter Drive, Quirindi NSW 2343 (refer to Figure 1 and Figure 2 below). The subject land is located on the southern side of Ray Carter Drive and is 2.505 Hectares. The allotment is zoned R5 ‘Large Lot Residential’ pursuant to the provisions of the Liverpool Plains Local Environmental Plan 2011 (LEP). The site is not known to be affected by inundation by flooding but is prone to bushfire hazards. There are no items of environmental, cultural, scientific or scenic significance known to be located on the site.

Figure 1 - Aerial Image of the subject land, Lot 119 in DP 818546 – 55 Ray Carter Drive, Quirindi NSW 2343.

Figure 2 – Cadastral Image of the subject land, Lot 119 in DP 818546 – 55 Ray Carter Drive, Quirindi NSW 2343.

As the site is identified as being prone to bushfire hazards, the application has been assessed pursuant to Section 4.14 of the Environmental Planning and Assessment Act 1979 and Planning for Bushfire Protection 2019 (PBP). It is noted that the proposed development will be a non-habitable building and will be located more than 6m from the existing dwelling on the land. In this regard, no specific bushfire construction requirements are applicable for the development. Standard bushfire protection measures under PBP will however apply to the development and have been conditioned in the recommended terms of consent.

The subject land is improved with existing services, including electricity, telecommunications, Council’s low-flow water supply and an on-site sewage management system for the disposal of effluent. Physical and legal access to the site is gained via an existing driveway from the southern side of the Ray Carter Drive, which is a sealed road.

During the site inspection, it was noted that there is a shipping container located on the subject land. The property owner (dated 29/01/2021) has advised that they intend to remove the container. Suitable conditions have been included in the terms of consent in this regard.

PROPOSED DEVELOPMENT

Development Application (DA) 1/2021 seeks development consent for the construction of a Shed with an Attached Awning on Lot 119 in DP 818546 – 55 Ray Carter Drive, Quirindi NSW 2343. The proposed development will have a floor area of 131.25m² (12.5m x 10.5m) and a height of 4.575m. According to the owner, the proposed shed will primarily be used for the storage of the owner’s caravan, boat, tools etc.

Copies of the supporting plans for DA 1/2021 are included in Appendix 1 to this Report for the information of Councillors.

PLANNING ASSESSMENT – MATTERS FOR CONSIDERATION

The assessment of DA 1/2021 has been undertaken in accordance with Section 4.15(1) of the Environmental Planning and Assessment Act 1979, as amended. In determining a development application, a consent authority is to take into consideration the following matters as relevant to the proposal.

Environmental Planning Instruments [S4.15(1)(a)(i)]

State Environmental Planning Policy – Koala Habitat Protection (2020)

As the subject land exceeds 1 Hectare in size, the provisions of SEPP - Koala Habitat Protection (2020) apply to the proposed development. The SEPP aims to encourage the proper conservation and management of areas of natural vegetation that provide habitat for koalas. Before development consent can be granted to a proposal, Council must be satisfied that the land does not constitute core koala habitat.

The development site is devoid of significant native vegetation and no clearing is proposed to be carried out as a part of the development. It is therefore considered that the land does not constitute core koala habitat.

State Environmental Planning Policy No. 55 – Remediation of Land

The objective of SEPP No. 55 is to provide a state-wide planning approach to the remediation of contaminated land. The SEPP requires consideration of previous land uses and promotes the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment.

The subject site features sparsely vegetated land within a residential subdivision in the township of Quirindi. The site is not known to be contaminated and a site inspection did not reveal any visual indications of contamination.

Liverpool Plains Local Environmental Plan 2011

The subject land is zoned R5 Large Lot Residential with a minimum lot size of 1 Hectare pursuant to the provisions of the LEP. The objectives of this zone are as follows:

· To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

· To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

· To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

· To minimise conflict between land uses within this zone and land uses within adjoining zones.

It is considered that the proposed development is consistent with the objectives listed above for the R5 zone.

A ‘dwelling house’ is a type of development that is permissible with consent in the R5 zone. As the proposed development will be ancillary to the existing dwelling house on the site, it is also permissible with consent.

In accordance with Clause 7.1 ‘Earthworks’ of the LPLEP 2011, it is considered that earthworks associated with the proposed development will be ancillary and of a minor nature. Conditions have also been included in the recommended terms of consent to address the matters under Clause 7.1(3).

The subject land is improved with existing connections to the essential services prescribed under Clause 7.4 of the LPLEP 2011. The applicant has indicated in the Statement of Environmental Effects (SoEE) that stormwater from the shed shall be diverted into a rainwater tank. A condition has been included in the recommended terms of consent to ensure that adequate arrangements are in place for the disposal of stormwater.

Draft Environmental Planning Instruments [S4.15(1)(a)(ii)]

No draft environmental planning instruments were applicable to the proposed development during the assessment of DA 1/2021.

Liverpool Plains Development Control Plan 2012 [S4.15(1)(a)(iii)]

The subject application has been assessed against the development standards under Section 3.1 of the DCP. A commentary against the applicable development standards is presented below as follows:

3.1.1 Building setbacks and maximum sizes of ancillary storage structures

The proposed development complies with the prescribed maximum size of outbuildings. However, the proposed shed will be 7m from the eastern boundary and therefore doe not comply with the prescribed setback of 10m under this Part of the DCP.

Notwithstanding, it is considered that the proposed variation is acceptable in this instance for the following reasons:

· The proposed development will be constructed out of colorbond materials and is not expected to have adverse visual impact in terms of bulk and scale, views and vistas;

· The proposed development will result in a cumulative site coverage of approx. 2.63%, which is well under the prescribed site coverage (25%) for a R5 zoned property;

· The applicant has advised that the proposed development will be used for the storage of a caravan, boat and personal items. A condition has been included in the recommended terms of consent to ensure compliance in this regard; and,

· No objections have been received from adjoining landowners about the proposed shed.

Based on the above, it is recommended that Council supports the proposed variation to this Part of the DCP.

3.1.2 Building Height

The proposed shed will measure 3.7m to the topmost ceiling and 4.575m to the top of the ridge, which complies with the controls under this Part.

3.1.3 Site Coverage

The maximum cumulative site coverage prescribed for the R5 zone >2ha is 25%. The proposal complies with the provisions under this Part of the DCP as the cumulative site coverage will be 2.63% upon completion of the development.

3.1.4 Off-Street Parking

Two (2) garage parking spaces are provided behind the building line with the existing garage. Compliance with this Part is therefore achieved.

3.1.5 Utilities

The proposed development shall be located clear of existing utility infrastructure.

3.1.6 Privacy

The proposed development constitutes a single storey development with setbacks. The variation to the side setback is not expected to result in any deleterious privacy impacts. Furthermore, no public submissions were received by Council during the neighbour notification period for the subject application.

3.1.7 Design

The design of the development is considered suitable for the subject site.

3.1.10 Outbuildings, Carports and Detached Garages

The proposed development is not within the front building setback from Ray Carter Drive, but is situated in front of the main dwelling and therefore does not comply with the controls under this Part. Notwithstanding, it is considered that the proposed variation is acceptable in this instance for the following reasons:

• The proposed shed will be located approximately 65m south from Ray Carter Drive and is unlikely to cause adverse visual impact on the surrounding locality and streetscape;

• The location of the proposed shed will enable the owners to utilize the existing driveway;

• The cumulative size of outbuildings on the allotment, including the proposed shed, will be approximately 131.25m², which complies with the prescribed maximum of 150m² in the DCP; and,

• No objections have been received from adjoining landowners about the proposed shed.

3.1.13 Access

Access to the subject land is gained via an existing driveway from the southern side of Ray Carter Drive, which is a sealed road.

3.1.14 Ridgelines

The roofline of the proposed development is not expected to project above the ridgeline where visible from a public road or place.

3.1.15 Slope

As the development site is relatively flat, it is anticipated that minimal cut/fill shall be required to accommodate the proposed shed. A standard condition has been included in the recommended terms of consent requiring the establishment and maintenance of erosion and sediment control measures for the duration of construction works.

3.1.16 Pools and Spas

Not applicable.

3.1.17 Water Tanks

As specified in the SoEE, stormwater from the proposed development will be diverted into rainwater tanks. A condition has been included in the recommended terms of consent to ensure the appropriate management of stormwater.

Provisions of any Planning Agreement [S4.15(1)(a)(iiia)]

Not applicable.

The Provisions of the Regulations [S4.15(1)(a)(iv)]

The provisions under Clauses 92, 93, 94 and 94A of the Environmental Planning & Assessment Regulation 2000 do not apply to the subject application.

The Likely Impacts of the Development [S4.15(1)(b)]

Impacts on the Natural and Built Environments

The proposed development is unlikely to have adverse impacts on the natural and built environments. The subject lands are devoid of significant native vegetation and the applicant does not propose to clear any vegetation as a part of the development. As discussed in an earlier section of this Report, the proposed development is not expected to result in deleterious visual impacts; or, land use conflict.

Cumulative Impacts

The potential impacts of the proposal on the locality have been considered in detail during the assessment of the DA and within this Report. The cumulative impacts of the proposed development are deemed to be acceptable in this instance.

The Suitability of the Site for the Development [S4.15(1)(c)]

The subject site is considered suitable for the proposed development. The proposal is a permitted land use in the R5 zone in accordance with the provisions of the LPLEP 2011. The attributes of the site are also conducive for the purposes of the proposed development.

Any Submissions made in accordance with the Act or Regulations [S4.15(1)(d)]

DA 1/2020 was notified in accordance with Council’s adopted Community Engagement and Participation Plan, the subject application was notified to adjoining owners for a period of seventeen (17) days, commencing Friday 15 January 2021 and ending Monday 1 February 2021. No submissions were received during the notification period.

The Public Interest [S4.15(1)(e)]

The proposed development has been assessed to be in the public interest as detailed throughout this Report, subject to the imposition of the recommended conditions of development consent.

All heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended, have been addressed throughout the assessment of this application. The application is presented to Council as variations are proposed to the development standards under Section 3.1.1 and Section 3.1.10 of the DCP. Notwithstanding, the proposed variations are considered to be acceptable in this instance, as detailed throughout this Report.

Therefore, it is recommended that Council approve DA 1/2020 subject to the recommended conditions of development consent included as Schedule 1 attached to this Report.


Business Paper Ordinary Council Meeting Wednesday, 24 February 2021
I hereby give notice that an Ordinary Meeting of Council will be held on:
Date:	Wednesday, 24 February 2021
Time:	2.30pm
Location:	Council Chambers
Joanne Sangster General Manager