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Business Paper
Ordinary Council Meeting Wednesday, 24 March 2021 |
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I hereby give notice that an Ordinary Meeting of Council will be held on: |
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Date: |
Wednesday, 24 March 2021 |
Time: |
2:30pm |
Location: |
Council Chambers |
Joanne Sangster General Manager |
Ordinary Council Meeting Agenda |
24 March 2021 |
1 Acknowledgement of Country and Council Prayer
2 Apologies and Applications for a Leave of Absence by Councillors
3.1 Minutes of the Audit, Risk and Improvement Committee Meeting held on 12 February 2021
5.1 Mayoral Minute - Mayoral Activities February 2021.
6 Inward Correspondence/Petitions
7.3 Investments - February 2021
7.4 Approval of Councillor Attendance at LGNSW Destination and Visitor Economy Conference
7.6 Engineering Directorate Works Report - March 2021.
7.8 Liverpool Plains Shire Council Local Traffic Committee - February (Electronic) Meeting
7.9 Construction of a Shed with a Skillion roof (10m x 14.65m), 2A Church Street, QUIRINDI NSW 2343
9 Notices of Motions/Questions with Notice
9.1 Response to Question with Notice - Merriwa Road.
10.1 Management Letter on the Final Phase of the Audit for the Year Ended 30 June 2020
24 March 2021 |
File Number: G2021/0052
Author: Cian Middleton, Executive Manager Corporate Services
Authoriser: Joanne Sangster, General Manager
Annexures: A. Minutes of the Audit, Risk and Improvement Committee Meeting held on 12 February 2021
That Council:
1. Receive the Minutes of the Audit, Risk and Improvement Committee Meeting held on 12 February 2021 contained at Annexure A.
2. Receive and note the Audit, Risk and Improvement Committee Meeting Plan 2021/2022 contained at Annexure B.
BACKGROUND
The Local Government Act 1993, as amended by the Local Government Amendment (Governance and Planning) Act 2016, requires Council to have an Audit, Risk and Improvement Committee to continuously review and provide independent advice to Council’s General Manager and governing body about:
· Whether Council is complying with all relevant legislation;
· The adequacy and effectiveness of Council’s risk management framework, fraud and corruption prevention activities, financial management processes, and Council’s financial position and performance;
· Council’s governance arrangements;
· The achievement of the goals set out in Council’s Integrated Planning and Reporting framework;
· How Council delivers local services and how to improve Council’s performance of its functions more generally;
· The collection of performance management data by Council; and
· Any other matters prescribed by the Local Government (General) Regulation 2005.
The last meeting of Council’s Audit, Risk and Improvement Committee (“the Committee”) was held on 12 February 2021. The Minutes of that meeting are appended at Annexure A.
Consistent with clause 8.3 of its Charter, the Committee has agreed a forward meeting plan, including meeting dates and proposed agenda items covering all Committee responsibilities as detailed in its Charter. The meeting plan is reviewed at each meeting of the Committee and is appended at Annexure B for Council’s reference.
Audit, Risk and Improvement Committee Meeting Minutes |
12 February 2021 |
1 Welcome
2 Apologies
3 Disclosures of Interests
4 Confirmation of Minutes
4.1 Minutes of the Audit, Risk and Improvement Committee Meeting held on 27 November 2020
5 General Business
5.1 Audit, Risk and Improvement Committee Meeting Plan 2021/2022
5.2 Finance Position Paper - AASB 1059 Service Concession Arrangements: Grantor
5.3 Record Management Framework
5.4 StateWide Mutual Continuous Improvement Pathway (CIP) Program
5.5 Major Project Briefing - Waste Management Strategy
6 Confidential Matters
7 Next Meeting
MINUTES
OF Liverpool Plains SHire Council
Audit, Risk and Improvement Committee
Meeting
HELD AT THE Council Chambers
ON Friday, 12 February 2021 AT 10:30 am
PRESENT: Cr Virginia Black, Mr Michael O'Connor, Ms Trish Kirkland, Mr Tony Harb
IN ATTENDANCE: Joanne Sangster (General Manager), Donna Ausling (Director Environmental and Economic Development), Nathan Skelly (Director Engineering Services), Cian Middleton (Executive Manager Corporate Services), Roslyn ten Brink (Coordinator Corporate Services), Christie Pearson (Executive Officer)
1 Welcome
NiDonnal Cr Black -
Mr Michael O'Connor disclosed an non-pecuniary (non-significant) interest in relation to item the follwing:
· Chair - Walcha Shire Council Audit Risk and Improvement Committee
· Chair – Uralla Shire Council Audit Risk and Improvement Committee
· Member – Tamworth Regional Council Audit Risk and Improvement Committee
· Member – Armidale Regional Council Audit Risk and Improvement Committee
· Member – New England Weeds Authority Audit Risk and Improvement Committee
4.1 Minutes of the Audit, Risk and Improvement Committee Meeting held on 27 November 2020 |
Committee Resolution ARIC2021/1 Moved: Mr Michael O'Connor Seconded: Mr Tony Harb 1. That the Minutes of the Audit, Risk and Improvement Committee Meeting held on 27 November 2020, contained at Annexure A, be received and the recommendations therein be adopted. Carried |
5.1 Audit, Risk and Improvement Committee Meeting Plan 2021/2022 |
Committee Resolution ARIC2021/2 Moved: Mr Michael O'Connor Seconded: Cr Paul Moules That the Audit, Risk and Improvement Committee: 1. Endorse the revised Audit, Risk and Improvement Committee Meeting Plan 2020/21, contained at Annexure A. 2. Recommend that Council receive and note the Audit, Risk and Improvement Committee Meeting Plan 2021/2022 .Carried |
5.2 Finance Position Paper - AASB 1059 Service Concession Arrangements: Grantor |
Committee Resolution ARIC2021/3 Moved: Mr Michael O'Connor Seconded: Mr Tony Harb That the Audit, Risk and Improvement Committee: 1. Receive and note the Finance Position Paper contained at Annexure A. Carried |
Committee Resolution ARIC2021/4 Moved: Mr Michael O'Connor Seconded: Ms Trish Kirkland That the Audit, Risk and Improvement Committee: 1. Recommend that Council adopt he draft Information and Record Management Policy contained at Annexure A .Carried |
5.4 StateWide Mutual Continuous Improvement Pathway (CIP) Program |
Committee Resolution ARIC2021/5 Moved: Mr Michael O'Connor Seconded: Cr Paul Moules That the Audit, Risk and Improvement Committee: 1. Receive the briefing on Council’s participation in StateWide Mutual’s Continuous Improvement Pathway Program in 2020/21, as detailed in this report. Carried |
Committee Resolution ARIC2021/6 Moved: Mr Michael O'Connor Seconded: Cr Paul Moules That the Audit, Risk and Improvement Committee: 1. Receive the briefing on the implementation of Council’s Waste Management Strategy as detailed in this report. Carried |
Recommendation 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: 6.1 Internal Audit Plan Update This matter is considered to be confidential under Section 10A(2) - (f) 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 details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property. 6.2 Endorsement of proposed Internal Audit Program 2022-2024 This matter is considered to be confidential under Section 10A(2) - (f) 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 details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property. 6.3 Performance Improvement Action Plan (PIAP) Progress Report This matter is considered to be confidential under Section 10A(2) - (f) 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 details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property. 6.4 Post-Election Review of Integrated Planning and Reporting (IP&R) Framework and Disability Inclusion Action Plan This matter is considered to be confidential under Section 10A(2) - (f) 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 details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property. 6.5 Major Project Briefing - Special Rate Variation (SRV) Proposal This matter is considered to be confidential under Section 10A(2) - (f) 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 details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property. 6.6 Major Project Briefing - Business and Customer Systems Rehabilitation This matter is considered to be confidential under Section 10A(2) - (d)(i) and (f) 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 commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property. 6.7 Major Project Briefing - Quipolly Water Project This matter is considered to be confidential under Section 10A(2) - (c) and (d)(i) 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 and commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
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Recommendation That Council moves out of Closed Council into Open Council.
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The Meeting closed at 1.25pm.
The minutes of this meeting were confirmed at the Audit, Risk and Improvement Committee Meeting held on 14 May 2021.
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CHAIRPERSON
24 March 2021 |
File Number: G2021/0090
Author: Doug Hawkins OAM, Mayor
Authoriser:
That Council:
1. Receive and note the Mayoral Minute.
First Heading
To advise of the Mayor’s representation of Council at functions and events.
Next Heading
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.
Next Level Heading
Actions and Functions / Events attended by the Mayor – February 2021 |
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Daily |
Briefing with General Manager |
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02/02/2021 |
Namoi Unlimited Board meeting |
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03/02/2021 |
Prime 7 TV interview |
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11/02/2021 |
Meeting with Wynergy |
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12/02/2021 |
PED Committee meeting |
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12/02/2021 |
ARI Committee meeting |
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17/02/2021 |
ARTC morning tea at the opening of the murals at Jacob and Joseph bridge |
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17/02/2021 |
CEAG meeting |
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25/02/2021 |
Presses Road Willow Tree |
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26/02/2021 |
Mr Michael Johnsen MP – bridge funding announcements |
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27/02/2021 |
Australian Local Government Women’s Association Forum – Royal Theatre |
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Mayor’s correspondence – February 2021 |
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24 March 2021 |
6 Inward Correspondence/Petitions
File Number: G2021/0082
Author: Deborah Perry-Brown, Executive Support Officer
Authoriser: Christie Pearson, Executive Officer
Annexures: A. Correspondence
from NSW Local Government Remuneration Tribunal - Advising appointment of
Tribunal members ⇩
B. Correspondence
from Liverpool Plains Business Chamber ⇩
C. Correspondence
from the Werris Creek Rugby League Football Club ⇩
That Council receive and note Correspondences 1 and 2.
1. Letter from local government remuneration tribunal
On 17 February 2021, the NSW Local Government Remuneration Tribunal wrote to Council’s Mayor, Cr Doug Hawkins OAM, advising the appointment of Mr Viv May PSM as the Local Government Remuneration Tribunal and the invitation of submissions from individual councils in respect of categorisation, fees and general matters as part of the 2021 remuneration review (refer Annexure A).
2. Letter from liverpool plains business chamber, president, roslyn wallis
Library precinct – Liverpool Plains Business Chamber enquiring whether there will be the following facilities included in the upgraded Library Precinct:
· Outdoor public address (PA) system
· Designated space for the erection of a Christmas tree
· Community Noticeboard
· Meeting room for General Committee meetings of Liverpool Plains Business Chamber and other community groups.
3. letter from werris creek rugby league football club, jane dellar
Requesting Council’s approval to install a plaque at the newly refurbished David Taylor Oval canteen.
24 March 2021 |
IP&R Linkage: Goal: 2.5 Our local government is efficient, sustainable and fit for the future
Strategy: 2.5.2 Deliver good governance and maintain a transparent decision-making framework.
Author: Christie Pearson, Executive Officer
Authoriser: Joanne Sangster, General Manager
File Number: G2021/0088
Annexures: A. Resolution
Register - Action Update - 18 March 2021 ⇩
That Council:
1. Receive and note the Resolutions Register as at 09 March 2021, appended at Annexure A.
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 eight resolutions requiring further action. As illustrated in Table 1, below, six resolutions have been completed and actioned as at the date of this Business Paper being published, and 2 remain outstanding.
Table 1: Council Resolution Status Summary |
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Status |
Definition |
Number |
Complete |
Action completed by date of Business Paper publication. |
6 |
Outstanding |
Action not completed by date of Business Paper publication. |
2 |
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TOTAL |
8 |
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 requiring further action, and the status of implementing each action, as at 18 March 2021. It is recommended that Council receive and note the Resolutions Register.
24 March 2021 |
File Number: G2021/0084
Author: Joanne Sangster, General Manager
Authoriser:
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 Engineering Services, Executive Manager Corporate Services, Executive Manager Finance, 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 |
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FEBRUARY 2021 |
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01/02/2021 |
Meeting with Mayor Hawkins – at least weekly |
05/02/2021 |
Leadership Forum |
06/02/2021 |
Leadership Forum |
08/02/2021 |
Meeting with District Manager RFS |
09/02/2021 |
Meeting with Hunter H2O |
11/02/2021 |
Meeting with (WYNERGY) |
12/02/2021 |
PED Committee meeting |
12/02/2021 |
ARIC meeting |
15/02/2021 |
Namoi Unlimited JOLT meeting Tamworth |
16/02/2021 |
Site inspection – Spring Ridge Road |
18/02/2021 |
Joint Consultative Committee meeting |
25/02/2021 |
Joint Consultative Committee meeting |
26/02/2021 |
Mr Michael Johnsen – Inspection of bridges |
27/02/2021 |
ALGWA Forum – Getting Women Elected 2021 |
HR activity Report
· Organisation restructure – continuing to move through a staged implementation process.
· Recruitment – currently externally advertising for Management Accountant and Procurement and Contracts Coordinator.
· Job evaluation tool – implementing job evaluation tool, all new positions will be graded using this process.
· Joint Consultative committee - meeting held on 11 March next scheduled for 18 March.
WHS Activity Report
· Influenza Vaccinations Program – Expression of interest from LPSC staff, names being collected for vaccinations scheduled in April (pending vaccine availability). Administered by Quirindi Health Centre nurse.
· Work Safely at Heights – Training completed, with 5 staff obtaining their qualifications. Fully funded course.
· Enter & Work in Confined Space - training scheduled 15-16 March 2021. 4 staff enrolled. Nil cost to Council, as the training is fully funded
· Playground Inspector’s training – 3-day course starting 9 March 2021. One LPSC staff member attending in conjunction with host - Tamworth Regional Council staff.
· Basic Bushfire Awareness training - Recruitment of LPSC heavy vehicle plant operators and emergency services staff to attend this training (TAFE Course). Scheduled to commence on 22 March 2021.
· WHS Committee team members – Recruitment of new members nearly finalised. Nominations now in. Outdoors staff selected, waiting on voting process to commence for indoor/admin staff.
· Communication & Consultation Policy and Procedure, WHS Committee Constitution documents drafted; waiting approval.
· Chainsaw Operation level 1 & 2 training for applicable outdoor staff. In Progress - Arrangements to carry out onsite training by qualified ATAC trainer.
· Workers Compensation – Ongoing to close outstanding long-term claim(s). No new claims opened since 3/11/2020.
· Visiting various worksites to carry out general safety inspections and talking with workers.
Media
This report covers the period 12-02-21 to 10-03-21
· Prepare and distribute 16 media releases
· 115 social media posts during the period
· Liaising with journalists
Campaigns over this period include; Waste disposal, Go Local First, Noxious weeds, Military Tattoo, Plains Fitness, Royal Theatre events, Home Support Services, Showground Pavilion Tender, Sporting fields redevelopment, Covid-19 daily updates, Severe storm alerts, Road closures due to accidents, Funding opportunities, Road safety, Local Crime prevention, Shoosh at Sport Kids Campaign, George St reseal project, Centre St Project, Community Announcements, Getting Women elected forum, International Women’s Day, Quirindi Library Redevelopment, Warning to secure pets during fireworks display, General Council information.
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 during February 2021.
LinkAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK
“Build an identity focused on unity, enterprise, and growth.”
24 March 2021 |
IP&R Linkage: Goal: 2.5 Our local government is efficient, sustainable and fit for the future
Strategy: 2.5.1 Operate in a financially responsible manner and improve long-term financial sustainability.
Author: Raju Koirala, Executive Manager Finance
Authoriser: Joanne Sangster, General Manager
File Number: G2021/0095
Annexures: A. Investment
Register February 2021 ⇩
That Council:
1. Receive and note the Statement of Investments as at 28 February 2021.
Background
In accordance with clause 212 of the Local Government (General) Regulation 2005 (“the Regulations”), the Responsible Accounting Officer must provide Council with a monthly written report setting out details of Council’s investments under section 625 of the Local Government Act 1993 (“the Act”). The report must also include certification that these investments have been made in accordance with the Act, the Regulations and Council’s Investment Policy.
Issues and Commentary
The balance of Council’s investments as at 28 February 2021 stands at $25,200,000.00. This figure remains same as total investments held at the end of January 2020. Considering the current economic outlook, it is less likely that the return on Council’s investment will be trending positively in near future.
The following charts depict a summary of the investments held by the Council based on the individual institutional exposure and credit rating of the institutions they are held with.
Legislative and Policy Implications
All of Council’s investments are held in accordance with Council’s Investment Policy which accords with the requirements of the:
· Local Government Act 1993 – Section 625;
· Local Government Act 1993 – Order (of Minister) dated 16 November 2000;
· The Trustee Amendment (Discretionary Investments) Act 1997 – Sections 14A(2), 14C(1) and 2;
Local Government (General) Regulation 2005 – Clauses 212 and 215
Financial Implications
There are no financial implications for Council associated with this report.
RISK Implications
Council’s investments are managed in accordance with Council’s Investment Policy
Community Consultation
There are no community consultation requirements for Council associated with this report.
Conclusion
Council’s investments continue to focus on capital protection and compliance with its investment policy whilst actively seeking the best return allowable within these parameters. It is recommended that Council receive and note the Statement of Investments as at 28 February 2021
24 March 2021 |
IP&R Linkage: Goal: 2.5 Our local government is efficient, sustainable and fit for the future
Strategy: 2.5.2 Deliver good governance and maintain a transparent decision-making framework.
Author: Cian Middleton, Executive Manager Corporate Services
Authoriser: Joanne Sangster, General Manager
File Number: G2021/0098
Annexures: A. Conference
Brochure - 2021 LGNSW Destination and Visitor Economy Conference (26-28 May
2021) ⇩
B. Conference
Programme - 2021 LGNSW Destination and Visitor Economy Conference (26-28 May
2021) ⇩
That Council:
1. Receive the requests from Cr Doug Hawkins OAM and Cr Ian Lobsey OAM to attend the LGNSW Destination and Visitor Economy Conference
2. Consistent with the Payment of Expenses and Provision of Facilities to Councillors Policy, approve the attendance of Cr Doug Hawkins OAM and Cr Ian Lobsey OAM at the LGNSW Destination and Visitor Economy Conference from 26 May to 28 May 2021.
Background
Section 252 of the Local Government Act 1993 (“the Act”) requires all councils to adopt a policy concerning the payment of expenses incurred by, and the provision of facilities to, the Mayor, Deputy Mayor and Councillors in relation to discharging the functions of civic office. The policy must be consistent with the Guidelines for the Payment of Expenses and the Provision of Facilities for Mayors and Councillors, prescribed under section 23A of the Act.
Council’s current Councillor Expenses and Facilities Policy was last reviewed by Council at its Ordinary Meeting held 27 March 2019 [res. 3197].
Issues and Commentary
Local Government NSW (“LGNSW”) is partnering with Port-Macquarie Hastings Council to host the annual Destination and Visitor Economy Conference (“the conference”) from Wednesday, 26 May to Friday, 28 May 2021. The conference brochure and programme are appended at Annexure A and Annexure B, respectively.
The General Manager is attending the conference and has received requests from Cr Doug Hawkins OAM and Cr Ian Lobsey OAM to attend the conference. The Councillors’ requests are appended at Annexure C and Annexure D, respectively.
Legislative and Policy Implications
The Guidelines provide that requests for attending conferences should generally be made in writing outlining the benefits for Council. Further, after returning from the conference, the Councillor/s, or a member of Council staff accompanying the Councillor/s, should provide a written report to Council on the aspects of the conference relevant to Council business and/or the local community.
The Guidelines specify that, where Council has endorsed the attendance of a Councillor at a conference; Council should pay conference registration fees, including the costs of related official lunches and dinners, and meet the reasonable cost of transportation and accommodation associated with attendance at the conference.
Financial Implications
Council’s 2020/21 Operational Plan includes a Budget allocation of $22,000 for Councillor Induction and Professional Development. As at the time of the Business Paper being published, $14,657 of this Budget allocation has been expended, resulting in a current balance of $7,343.
The cost of conference attendance, including registration and accommodation expenses, will be $1,300.00 per Councillor. No transportation costs will be incurred, as both Councillors will travel with the General Manager by car to and from the conference.
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
The upcoming 2021 LGNSW Destination and Visitor Economy Conference will be hosted by Port Macquarie-Hastings Council from 26 May to 28 May 2021. Councillors Hawkins and Lobsey have expressed interest in attending the conference, and both requests are provided to Council for endorsement and approval.
24 March 2021 |
7.5 Endorsement of draft Crown Lands Plan of Management and Acknowledgement of Native Title Manager Advice
IP&R Linkage: Goal: 1.1 We value beautiful landscapes, dynamic towns and villages and safe communities
Strategy: 1.1.1 Develop and implement methodologies to ensure preservation and conservation of community heritage (Indigenous, Cultural and Structural).
Author: Cindy Teuma, Coordinator Property, Lands and Insurance
Authoriser: Cian Middleton, Executive Manager Corporate Services
File Number: G2021/0099
Annexures: A. Draft
Crown Lands Plan of Management (CGM Planning, March 2021) ⇩
B. Native
Title Manager Advice Report (CGM Planning, March 2021) ⇩
C. Flowchart
for Adoption of Crown Lands Plan of Management ⇩
D. Public
Notice of Exhibition for Crown Lands Plan of Management ⇩
That Council:
1. Receive the draft Plan of Management, appended at Annexure A, and confirm that it has considered the Native Title Manager advice, appended at Annexure B, in relation to the draft Plan of Management.
2. Request the Minister administering the Crown Lands Management Act 2016 to approve the draft Plan of Management for the following Reserves:
(a) 35868 - Wallabadah Recreation Ground
(b) 59034 - Currabubula Hall
(c) 72708 - Quirindi Showground/Racecourse
(d) 82332 - Quirindi Golf Club
(e) 82865 - First Fleet Park
(f) 87207 - Henry Street Ovals
(g) 88516 - Campbell Street – RSL Park and Cycleway
(h) 88668 - Warrah Creek Hall and Recreation Reserve
(i) 97242 - Spring Ridge – Entry Road and Forest Land
(j) 97714 - Quirindi Cemetery
(k) 1018808 - Quirindi Cemetery
(l) No Reserve Number - Wallabadah Hall
3. Upon approval from the Minister administering the Crown Land Management Act 2016, amend the draft Plan of Management, if required, and place it on public exhibition pursuant to section 38 of the Local Government Act 1993.
Background
The Crown Land Management Act 2016 (“the Crown Land Management Act”) authorises local councils to manage dedicated or reserved Crown land to manage that land as if it were public land under the Local Government Act 1993 (“the Local Government Act”). Generally, councils manage such land as if it were Community land.
Under the Local Government Act, a Plan of Management must be adopted by Council for all Community land.
Councils must ensure there is a compliant Plan of Management for all Crown land that they manage as Community land within three years of the commencement of Part 3 of the Crown Land Management Act (that is, by 30 June 2021).
Issues and Commentary
The draft Plan of Management appended at Annexure A has been prepared by CGM Planning and Development Pty Ltd (“CGM Planning”), using the generic format suggested by the by the NSW Department of Industry and Office of Local Government in the Guidelines for Council Crown Land Managers.
CGM Planning has also prepared the accompanying Native Title Manager advice, appended at Annexure B.
Section 3.23 of the Crown Land Management Act provides that Council must initially assign a category of use that they consider to be most closely related to the purpose(s) that the land is dedicated or reserved.
Table 1, below, illustrates the categories that have been assigned to the 12 Reserves detailed in the Officer’s Recommendation. These categories were deemed to be the closest categories to the Reserve purpose(s) and, to date, seven have been approved by the Minister administering the Crown Land Management Act. As at the time of this Business Paper being published, Council is awaiting approval from the Minister for five of the Reserves to be classified to Community land.
Table A: Categories of Reserves Managed by Council |
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Reserve Number |
Description |
Current Classification |
Pending Approval |
35868 |
Wallabadah Recreation Ground |
Community |
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59034 |
Currabubula Hall |
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Community |
72708 |
Quirindi Showground/Racecourse |
Community |
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82332 |
Quirindi Golf Club |
Community |
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82865 |
First Fleet Park |
Community |
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87207 |
Henry Street Ovals |
Community |
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88516 |
Campbell Street – RSL Park and Cycleway |
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Community |
88668 |
Warrah Creek Hall and Recreation Reserve |
Community |
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97242 |
Spring Ridge – Entry Road and Forest Land |
Community |
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97714 |
Quirindi Cemetery |
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Community |
1018808 |
Quirindi Cemetery |
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Community |
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Wallabadah Hall |
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Community |
Further to the above, Council has applied to be appointed Manager for the following five reserves detailed in Table B, below:
Table B: Reserves Council has applied to Manage |
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Reserve Number |
Description |
Notes |
59034 |
Currabubula Hall |
No response to date |
88516 |
Campbell Street – RSL Park and Cycleway |
No response to date |
60682 |
Ye Old Cricket Pitch |
No response to date |
97714 |
Part Quirindi Cemetery |
Council has been appointed by gazettal |
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Wallabadah Hall |
Currently School of Arts Trust – Awaiting Crown Lands to adjust |
Additionally, Council has also applied to the Department of Industry, Planning and Environment (“the Department”) to have the following Reserve detailed in Table C, below, classified as Operational land:
Table C: Reserves Council has requested be classified as Operational |
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Reserve Number |
Description |
Notes |
60682 |
Ye Old Cricket Pitch |
No response to date |
Whilst there has been no response in relation to a number of these applications; CGM Planning has advised Management that there is unlikely to be any significant issues with the applications made and has proceeded in drafting the Plan of Management on the assumption that all will be approved.
Legislative and Policy Implications
In developing and adopting a Plan of Management, Council must observe various requirements imposed by the Local Government Act and accompanying Local Government (General) Regulation 2005 (“the Regulation”), the Crown Land Management Act, and the Native Title Act 1996.
As detailed above, the Local Government Act provides that Plans of Management must be prepared for all Community land. Such Plans of Management must meet the minimum requirements set out at section 36 of the Local Government Act. Further, public notice of draft Plans of Management must be provided under section 38 of the Local Government.
The Crown Land Management Act details further requirements in addition to those contained in the Local Government Act and Regulation, including clarifying when Native Title Manager advice is required. Consistent with this requirement, Council has obtained Native Title Manager advice from CGM Planning’s Director, Mr Carl Malmberg, who is an accredited Native Title Manager. Mr Malmberg’s advice is contained at Annexure B.
Under the Crown Land Management Act and Local Government Act, the nature and use of the Reserves must not change while the adoption of a Plan of Management for Community land is pending. As a result, Council is not able to properly deal with the land, except for issuing short-term licences, until a Plan of Management is adopted.
Financial Implications
Following the introduction of the Crown Land Management Act, which came into force on 01 July 2018, the NSW Government allocated $7 million in one-off funding for councils to assist with the development of compliant Plans of Management. Council received $41,025 through this funding programme.
As detailed above, CGM Planning was engaged to develop the draft Plan of Management (refer Annexure A) and prepare the accompanying Native Title Manager advice (refer Annexure B). Expenses incurred in engaging CGM Planning have been met through the Crown Land funding.
RISK Implications
As detailed above, Council is required to develop and adopt a compliant Plan of Management for the Crown Land it manages by 30 June 2021. If Council fails to adopt a Plan of Management by the specified date, it may lose the right to manage the Crown Land.
Community Consultation
As detailed in the draft Plan of Management, CGM Planning undertook targeted stakeholder consultation in October 2020 with key users, representatives and lessees of affected Crown Land Reserves.
Section 38 of the Local Government Act requires further community consultation to be undertaken, by way of public exhibition of the draft Plan of Management. The public exhibition process will occur once the draft Plan of Management has been reviewed by the Department and the Minister has formally approved the draft Plan of Management.
Provided that the community consultation period does not further change the draft Plan of Management, Council may proceed to adopt the draft Plan of Management. However, if community consultation does alter the draft Plan of Management, the document must again be referred to the Native Title Manager (CGM Planning) for advice and re-submitted to the Department for approval.
A flowchart illustrating the approval and community consultation process is appended at Annexure C.
Conclusion
Consistent with Council’s legislative obligations under the Crown Land Management Act and Local Government Council, a draft Plan of Management has been prepared for each Reserve of which Council is the appointed Crown Land Manager. The draft Plan of Management, appended at Annexure A, has been prepared in accordance with the applicable guidelines.
As part of the approval process, Council must attest that it has considered Native Title Manager advice in relation to the draft Plan of Management and resolved to refer the draft Plan of Management to the Department for the approval of the Minister, before the draft Plan of Management is publicly exhibited.
24 March 2021 |
IP&R Linkage: Goal: 3.1 Our infrastructure is well planned and maintained and will meet our needs and into the future
Strategy: 3.1.3 Increase awareness of infrastructure responsibilities and costings.
Author: Nathan Skelly, Director Engineering Services
Authoriser: Joanne Sangster, General Manager
File Number: G2021/0096
Annexures: A. 2021
Works Programme Grants January - June 2021 ⇩
B. 2021
Works Programme January - June 2021 ⇩
That Council:
1. Receive and note the Engineering Directorate Works Report – March 2021
Background
N/A
Issues and Commentary
Works are progressing well with the construction. Brickworks and roofing are nearing completion. Building services rough in and gyprock-plastering are about to commence. 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.
Netball/Basketball Courts & Tennis Club Lighting
Both projects have been practically completed on 3rd March 2021 and completion letter provided to the Contractor. Meetings are being held with schools and respective groups to advise on the conditions of use and gauge potential demand for use of the courts. Works were completed within budget.
Accessibility Access to Royal Theatre
This project has been completed and is in use. It was completed within budget.
New Changing Rooms – Golland Field
Funding has now been confirmed. As quotations were received some time ago, the contractor is being approached to confirm the quotation provided or otherwise. Works programmed to be completed by mid-May 2021.
Extension of Longfield Oval No 2
Survey & design has been completed for the installation of a full size athletics track and long jump pit. Funding has been secured. A meeting will be held week 15th – 19th March 2021 with athletics representatives to explain what is proposed with works being completed by 30th April 2021. Proposed works include removal of trees and extension of the oval No 2 fence. The cricket pitch on No 2 oval will be retained.
Refurbishment of Grandstand – Longfield Oval No 1
Quotations have been received for refurbishment of the existing grandstand at Longfield park. Works include replacement of seating where required and repainting. Works will commence shortly.
Roading (Works Delivery Program January – June 2021 attached)
RMCC – Kamilaroi Hwy
Major sealed maintenance along various sections of the Highway have been completed. The repair works included 7,000m2 of pavement rehabilitation at a cost of $353,000. These works were funded in full by Transport for NSW and the project management undertaken by Council. Project management costs were also funded by Transport for NSW.
Unsealed Roads
All unsealed road R2R projects have been completed. A comprehensive list of identified normal and major maintenance requirements has been compiled. Works on the list are being undertaken based on priority (defect severity + area involved) considering work locations.
Sealed Roads
Ongoing patching & repairs to local sealed and urban roads. There is a substantial volume of major maintenance works which will be programmed based on priority at the commencement of the 21/22 FY.
The approved REPAIR programme for regional roads is progressing well with 80% of the projects completed.
Fixing Local Roads
Blackville Road seal extension (3.4km) will be completed 19th March 2021 weather permitting.
Callaghan’s Lane Seal Extension commenced week 15th – 19th March 2021 with expected completion date 19th – 23rd April 2021.
Local Roads & Community Infrastructure Fund (Roading Projects only)
Lowes Creek Road Deviation (proposed Water Treatment Plant) – May 2021
Centre Street Upgrade – April/May 2021
Blackville Road Rehabilitation Repairs – May 2021
2020/2021 Reseal Programme
83,000m2 of existing sealed pavement will be resealed commencing 29th March 2021 weather permitting. Reseal sites include the following;
· Station St, Quirindi Dalley St – Abbot St including intersections
· Werris Creek Rd 16.26km – 18.58km (approx. 1.5km south Werris Creek to Gordon St)
· Werris Creek Rd 30.62km – 34.08km (approx. 2kms south Currabubula to North Suttons Rd)
· Gap Rd 2.75km – 4.18km (2.75km from Werris Creek Rd)
· Lindsay’s Gap Rd -2.77km – 4.8km (2.77km from New England Hwy to Bdy)
· Coonabarabran Rd – various sections from Kamilaroi Hwy to 12.00km (recent shoulder rehabilitation works)
· Dewhurst St, Quirindi – Fitzroy St to Russell St (recent drainage works)
· Signal St, Werris Creek – Coronation St to Poole St (recent paved footpath construction)
Substantial pre reseal pavement maintenance works are being carried on the above sites.
Parks & Gardens
Programmed maintenance works continue to be completed within specified levels of service. A report is being compiled on the status of playground equipment to identify and determine assets that require renewal or maintenance to include within the forward plans. This information will form the basis of our required renewals under Council’s adopted Asset Management Plan.
Water Services
Work on the replacement of the Centre Street Watermain between Cross Street and Perkins Street has been completed head of schedule.
Quarter 3 water meter reading has been completed.
On the 17th February the Reverse Osmosis water treatment plant temporarily situated at the Quirindi Aerodrome had been destroyed by fire. The unit had been manually operated regularly to maintain its serviceability ever since it had been gifted to Council in 2019 through the generosity of LPSC’s Sister City relationship with Blacktown. During an unattended operation of the plant, the diesel generator supplying power to the unit caught alight and was destroyed, including extensive damage to the RO unit and the shipping container housing. Staff have proceeded to claim this incident from Council’s insurers.
Wastewater Services
Wastewater mains relining has commenced, work will be undertaken in 2 stages based on pipe diameter and will be completed in mid-April. The preliminary cleaning and inspection work identified significant grit deposits and some localised defects that were required to be rectified to facilitate successful lining of the segments.
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.
Ordinary Council Meeting Agenda |
24 March 2021 |
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 slightly above average rainfall over the next three months.
All supplies in the Liverpool Plains Shire local government area are currently on Level P Water Conservation Measures. With Daylight Savings Time coming to an end this allows for the change of use of sprinklers and other fixed surface watering systems from 4pm to 9am (Eastern Standard 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.
Quirindi Supply Status
Production volumes have been volatile since October. Significant rainfall events have reduced water demand to winter levels while the periods between rainfall have resulted in production increasing rapidly. Overall production is down significantly compared to typical levels. Recent rainfall however has had no impact on improving bore levels which have recorded a typical late summer decline. This is a typical trend for this time of year, but it is still very concerning that the aquifer levels remain close to the water restriction trigger point and only average rainfall is forecast for autumn.
Werris Creek Supply Status
Quipolly Dam water level was measured at 95.8 per cent of full supply capacity at the end of February, down 1.5% from the end of January. Quipolly Dam has been around 90 per cent or above for more than 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 groundwater levels were slightly improved over the last month.
(B) WATER QUALITY
A Blue Green Algae (BGA) bloom is currently occurring at Quipolly Dam with levels above the Very High Alert range for the response protocol. The situation has improved significantly compared to January, however a fresh bloom is forming with different algae species becoming dominant which is typical as we move into autumn. 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.
There were no water quality events reported to NSW Health during February.
The special monitoring program for dissolved minerals in the Spring Ridge Water Supply is ongoing.
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. 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.
24 March 2021 |
IP&R Linkage: Goal: 3.1 Our infrastructure is well planned and maintained and will meet our needs and into the future
Strategy: 3.1.1 Develop long-term strategies to plan and maintain current and future infrastructure and finances required.
Author: Craig Orvad, Projects and Works Support
Authoriser: Nathan Skelly, Director Engineering Services
File Number: G2021/0086
Annexures: A. Linemarking
Plan - Callaghans Lane Reconstruction ⇩
B. Linemarking
Plan - Werris Creek Road/Boral Quarry T-intersection Upgrade ⇩
That Council:
1. Approves the installation of all regulatory devices as part of the upgrade to the T-intersection of the Werris Creek Road (MR 130) and Boral Quarry in Currabubula, as per the Design Plan No. SY19279 – C201 attached; and
2. Approves the installation of the following regulatory line marking on Callaghans Lane in Quirindi: 1200 mtrs Double Barrier line, 160mtrs Single Barrier line, 880 mtrs of broken Centreline and 4440 mtrs of Edge line.
Background
The purpose of this is to provide Council with a report on Council’s Local Traffic Committee meeting conducted electronically during February 2021 and to have Council ratify the Committee’s recommendations.
The February Local Traffic Committee (LTC) meeting was conducted electronically and two formal items requiring Council’s ratification were discussed:
1. Werris Creek Road – the proposed upgrade to the T-intersection with Boral Quarry entrance; and
2. Callaghans Lane Quirindi -Installation of regulatory devices commensurate with the Lane’s reconstruction and sealing.
Issues and Commentary
1. During 2017 Boral Quarry Currabubula, located on the Werris Creek Road approximately 3.5 kilometres north of Currabubula, submitted a Development Application (DA) to Council for an increase in their annual production capacity from 200,000 tonnes to 300,000 tonnes of material.
During the elapsed time, the DA was referred to the then NSW Roads and Maritime Services (RMS) for comment on the proposed T-intersection upgrade. The RMS review was to consider road user safety initiatives commensurate with the increase in heavy vehicle movements to and from the site subsequent to the proposed production increase.
The RMS provided its comment whereby recommendations were made to the existing T-intersection footprint - including designated turning lanes, particularly during peak vehicle volume times, i.e; morning and afternoon.
The Werris Creek Road is Council’s busiest road carrying approximately 2600 vehicles per day at this location – which resides within the rural area default speed limit of 100km/h. This necessitated the RMS to consider heavy (articulated) vehicle turning movements, as a major road safety concern as part of the upgrade. Subsequently, the main recommendation from the RMS was the installation of a Channelised Right Hand (CHR) turn movement for northbound vehicles approaching the Quarry entrance. This would provide a designated 45 mtr long, 3.0 mtr wide right hand turn lane for those vehicles entering the Quarry and safe provision for through vehicles to continue to proceed north in the through lane.
The RMS recommendation was provided to Boral Quarry’s design consultants for review and the recommendation was included in the design - along with a Basic Auxillary Left (BAL) turn lane for southbound vehicles entering the Quarry from the north, appropriate line marking and approach T-intersection warning signage. A copy of line marking plan SY19279-C201 is attached. Annexure A.
2. Subsequent to last year’s re-construction and sealing of a further 650 metre section of Callaghans Lane, Council is to undertake further civil works to re-construct pavement and seal the remaining 1.925 kilometres of the lane. Works will commence from the eastern side – where the previous works concluded and join up with the existing seal on approach to the railway line. This will complete the sealing of the entire length of the 4.6 kilometre of Callaghans Lane.
Subsequent to the new seal, improved shoulder widening and drainage will be constructed as well as the installation of appropriate warning signage and regulatory linemarking.
New line marking will include Double Barrier (BB), Single Barrier (SB), broken Centre (S1) and Edgeline (E1) markings along the newly constructed length and the remaining sealed section between the railway line and the Kamilaroi Highway. The new markings will assist in improving carriageway delineation and general road safety for all road users.
A copy of the line marking plan 201996-042 is attached.
Legislative and Policy Implications
Council must ratify all regulatory devices proposed for installation prior to them being installed ensuring they’re legal and binding.
Financial Implications
Item 1: there is provision in the work’s construction budget for signs and line marking;
Item 2: there is provision in the work’s construction budget for signs and line marking.
RISK Implications
Risk mitigations around the installation of the signs and line marking will be undertaken by the respective contractor in accordance with the appropriate Traffic Control Guidance Plan (TCGP), their SWMS and risk management procedures.
Community Consultation
Written advice was provided to Callaghans Lane residents regarding civil works and Transport for NSW were consulted regarding the Werris Creek Road/Boral Quarry T-intersection upgrade works.
Conclusion
It is considered that Council recommendation of the two items provide an improved road safety environment for the motoring public. With Council’s ratification of the regulatory signs and markings, they become legal, binding and enforceable under the NSW Road Rules.
24 March 2021 |
File Number: G2021/0092
Author: Gunther Weidenmann, Town Planner
Authoriser: Nathan Skelly, Director Engineering Services
Annexures: A. Plans
of the Development ⇩
B. Schedule
1: Conditions of Development Consent ⇩
That Council:
1. Grant consent subject to conditions, as detailed in Schedule 1: Conditions of Development Consent – DA 11/2021. Development Application 11/2021 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) 11/2021 seeks consent for the construction of a Shed with a Skillion roof on Lot: 10 Section: 4 DP: 758863 – 2A Church Street, QUIRINDI NSW 2343. DA 11/2021 was lodged on 3 February 2021.
The proposed development will have a floor area of 146.5m² (10m x 14.65m); height of 5m; and, will be attached and situated in front of the existing dwelling.
DA 11/2021 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 street frontage setback requirements; exceed the cumulative size of outbuildings 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 11/2021 has been lodged over Lot: 10 Section: 4 DP: 758863, identified as 2A Church Street, QUIRINDI NSW 2343 (refer to Figure 1 and Figure 2 below). The subject allotment is zoned R1 ‘General Residential’ pursuant to the provisions of the Liverpool Plains Local Environmental Plan 2011 (LEP). The allotment is 4,047m² and is devoid of any significant tracts of vegetation. The subject 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: 10 Section: 4 DP: 758863 – 2A Church Street, QUIRINDI NSW 2343.
Figure 2 – Cadastral Image of the subject land, Lot: 10 Section: 4 DP: 758863 – 2A Church Street, QUIRINDI NSW 2343.
PROPOSED DEVELOPMENT
Development Application (DA) 11/2021 seeks development consent for the construction of a Shed with a Skillion roof on Lot: 10 Section: 4 DP: 758863 – 2A Church Street, QUIRINDI NSW 2343. The proposed development will have a floor area of 146.5m² (10m x 14.65m) and a height of 5m. According to the submitted Statement of Environmental Effects, the owner will utilise the shed to park their vehicles.
Copies of the supporting plans for DA 11/2021 are included in Appendix A to this Report for the information of Councillors.
PLANNING ASSESSMENT – MATTERS FOR CONSIDERATION
The assessment of DA 11/2021 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 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 and or any other aspect of the environment.
The subject land is devoid of any significant vegetation and is located within a residential zone in the township of Quirindi. No contaminating activities are known to have been carried out on the subject land. The site is not known to be contaminated and a site inspection did not reveal any visual indications of contamination.
State Environmental Planning Policy - Exempt and Complying Development Codes (2008)
This Policy aims to provide streamlined assessment processes for routine types of development.
According to the Policy, the demolition of a development may be carried out as exempt development if the development meets the criteria to be built as exempt development. The proposed demolition of the existing patio can therefore be carried out as an exempt under this Policy.
Demolition as exempt development must be carried out in accordance with Australian Standard 2601-2001 - The demolition of structures, and must also comply with the Work Health and Safety Regulation 2011.
Liverpool Plains Local Environmental Plan 2011
The subject land is zoned R1 ‘General Residential’, pursuant to the provisions of the LPLEP 2011. The objectives of the R1 zone are as follows:
· To provide for the housing needs of the community.
· To provide for a variety of housing types and densities.
· To enable other land uses that provide facilities or services to meet the day to day needs of residents.
· To permit other development that is compatible with the surrounding residential environment and that is unlikely to adversely affect the amenity of residential development within the zone.
The proposed development is consistent with the above objectives of the R1 zone as it will provide for the housing needs of the community. The proposal is also expected to be compatible with the surrounding locality as the proposed development shall be utilised for residential-allied purposes.
It is noted that there is an existing dwelling located on the subject land, which can be defined under the LPLEP 2011 as follows:
dwelling house means a building containing only one dwelling.
Note. Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
A ‘dwelling house’ is a type of development that is permissible with consent in the R1 zone. As the proposed development will be ancillary to an existing dwelling, the development 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 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 11/2021.
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 Shed is within the front building setback from Church Street and exceeds the prescribed maximum size of outbuildings under this Part of the DCP.
Notwithstanding, it is considered that the proposed variation is acceptable in this instance for the following reasons:
· The rear of the property has a slope of approx. 14%, making the proposed location the only suitable area for the proposed shed;
· The subject allotment is situated at the end of Church Street, with no dwellings situated to the north, east and west. Therefore, the proposed shed is unlikely to cause adverse visual impact on the surrounding locality and streetscape;
· The proposed development will result in a cumulative site coverage of approx. 12.3%, which is well under the prescribed site coverage (60%) for a R1 zoned property;
· The applicant has advised that the proposed development will be used for the storage of vehicles. 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 3.9m to the topmost ceiling and 5m 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 R1 zone is 60%. The proposal complies with the provisions under this Part of the DCP as the cumulative site coverage will be 12.3% upon completion of the development.
3.1.4 Off-Street Parking
According to the DCP, two (2) vehicle parking spaces should be provided behind the building line.
There is an existing garage situated on the property providing two (2) vehicle parking spaces. The proposed shed will provide two (2) additional covered parking. 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 single storey development with setbacks and therefore does not require specific privacy controls.
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 shed is within the street frontage setback from Church Street and is situated in front of the main dwelling. Therefore, a variation to the DCP is proposed. It is considered that the proposed variation is acceptable in this instance for the reasons discussed in 3.1.1.
3.1.13 Access
Access to the subject land is gained via the eastern side of Church Street, which is a sealed public 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
The subject site does not exceed a slope of 15% and cut/fill for the proposal will not exceed 1m. Therefore, compliance is achieved with this Part.
3.1.16 Pools and Spas
Not applicable.
3.1.17 Water Tanks
As specified in the SoEE, stormwater from the shed shall be diverted into a rainwater tank. A condition has been included in the terms of consent to ensure that adequate arrangements are in place for the disposal 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 R1 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 11/2020 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 fourteen (14) days, commencing Monday 15 February 2021 and ending Monday 1 March 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 11/2020 subject to the recommended conditions of development consent included as Schedule 1 attached to this Report.
24 March 2021 |
9 Notices of Motions/Questions with Notice
File Number: G2021/0083
Author: Nathan Skelly, Director Engineering Services
Authoriser: Joanne Sangster, General Manager
The following question on notice was received from Councillor Paul Moules.
Question
During consideration of Item 7.8 – Engineering Services Directorate Works Report at the Ordinary Meeting of Council held 24 February 2021, Cr Moules put a question to the General Manager requesting an update on Merriwa Road. The question was taken on notice for response at the following Ordinary Meeting of Council, consistent with clause 9.17 of the Code of Meeting Practice.
Response
The Director Engineering Services has been in contact with Upper Hunter Shire Council (UHSC) regarding the Merriwa Road closure. UHSC have engaged designers in January 2021 for the development of the design to remediate the issues. The design is in its early stages, with no firm date for construction as yet. UHSC are going to be providing regular updates to the Director Engineering Services as works progress.
That Council:
1. Receive and note the response to the question regarding Merriwa Road put by Cr Paul Moules at the Ordinary Meeting held 24 February 2021.
24 March 2021 |