Agenda of Ordinary Council Meeting

Ordinary Council Meeting Minutes

24 February 2021

MINUTES OF Liverpool Plains Shire Council
Ordinary Council Meeting
HELD AT THE Council Chambers
ON Wednesday, 24 February 2021 AT 2.30pm

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

IN ATTENDANCE: Joanne Sangster (General Manager), Nathan Skelly (Director Engineering Services), Cian Middleton (Acting Director Corporate and Community Services), Raju Koirala (Executive Manager Finance), Christie Pearson (Executive Officer), Roslyn ten Brink (Coordinator Corporate Services), Jack Crombie (IT Officer).

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 Virginia Black 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.

Apology

Resolution 2021/8

Moved: Cr Paul Moules

Seconded: Cr Virginia Black

That the apology received from Cr Ken Cudmore be accepted and leave of absence granted.

Carried

3 Confirmation of Minutes

3.1 Minutes of the Council Meeting held on 3 February 2021

Resolution 2021/9

Moved: Cr Virginia Black

Seconded: Cr Ian Lobsey OAM

That Council:

1. Receive and confirm the Minutes of the Council Meeting held on 3 February 2021 contained at Annexure A.

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)

5.1 Mayoral Minute - Mayoral Activites

Resolution 2021/10

Moved: Cr Doug Hawkins OAM

Seconded: Cr Ian Lobsey OAM

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.

Carried

6 Inward Correspondence/Petitions

6.1 Correspondence

Resolution 2021/11

Moved: Cr Paul Moules

Seconded: Cr Ian Lobsey OAM

1. That Council receive and note Correspondences 1 - 4.

Carried

7 Reports to Council

7.1 Resolutions Register

Resolution 2021/12

Moved: Cr Virginia Black

Seconded: Cr Paul Moules

That Council:

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

CARRIEDd

7.2 Executive Area Works Report

Resolution 2021/13

Moved: Cr Ian Lobsey OAM

Seconded: Cr Virginia Black

That Council:

1. Receive and note the Executive Area Works Report.

Carried

7.3 Investments - December 2020

Resolution 2021/14

Moved: Cr Virginia Black

Seconded: Cr Paul Moules

That Council:

1. Receive and note the Statement of Investments as at 31 December 2020.

Carried

7.4 Investments - January 2021

Resolution 2021/15

Moved: Cr Virginia Black

Seconded: Cr Ian Lobsey OAM

That Council:

1. Receive and note the Statement of Investments as at 31 January 2021.

Carried

7.5 Budget Review for the Quarter ending 31 December 2020

Resolution 2021/16

Moved: Cr Virginia Black

Seconded: Cr Ian Lobsey OAM

That Council:

1. Receive and note this report.

2. Adopt the revised Budget forecasts and actual year-to-date results as provided.

Carried

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

Resolution 2021/17

Moved: Cr Ian Lobsey OAM

Seconded: Cr Virginia Black

That Council:

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

Carried

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

Resolution 2021/18

Moved: Cr Virginia Black

Seconded: Cr Ian Lobsey OAM

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.

Carried

7.8 Engineering Directorate Works Report - February 2021

Resolution 2021/19

Moved: Cr Paul Moules

Seconded: Cr Ian Lobsey OAM

That Council:

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

Carried

7.9 Water Supply Status Report

Resolution 2021/20

Moved: Cr Virginia Black

Seconded: Cr Ian Lobsey OAM

That Council:

1. Receive and note the Water Supply Status Report.

Carried

7.10 Draft Managing Contaminated or Potentially Contaminated Land Policy

Resolution 2021/21

Moved: Cr Paul Moules

Seconded: Cr Virginia Black

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.

Carried

7.11 Draft Amendment No. 5 to Development Control Plan

Resolution 2021/22

Moved: Cr Paul Moules

Seconded: Cr Ian Lobsey OAM

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.

Carried

7.12 Recreation Strategy Implementation Progress Report

Resolution 2021/23

Moved: Cr Ian Lobsey OAM

Seconded: Cr Paul Moules

That Council:

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

Carried

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

Resolution 2021/24

Moved: Cr Virginia Black

Seconded: Cr Paul Moules

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.

In Favour: Crs Virginia Black, Doug Hawkins OAM, Ian Lobsey OAM and Paul Moules

Against: Nil

carried 4/0

8 Delegates Reports

8.1 Audit, Risk and Improvement Committee meeting delegates report

Resolution 2021/25

Moved: Cr Paul Moules

Seconded: Cr Ian Lobsey OAM

That Council:

1. Receive and note the Audit, Risk and Improvement Committee Delegates Report.

Carried

9 Notices of Motions/Questions with Notice

Nil

10 Confidential Matters

Resolution 2021/26

Moved: Cr Virginia Black

Seconded: Cr Paul Moules

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 Tender 8/2020 - Quipolly Water Project

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 Tender 01-2021 - Quirindi Showground Pavilion

This matter is considered to be confidential under Section 10A(2) - (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 commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

Carried

Resolution 2021/29

Moved: Cr Virginia Black

Seconded: Cr Paul Moules

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 Tender 8/2020 - Quipolly Water Project

Resolution 2021/27

Moved: Cr Ian Lobsey OAM

Seconded: Cr Virginia Black

That Council:

1. Reject all tenders received under tender 08/2020 for the Quipolly Water Project due to them being non-conforming

2. Not invite fresh tenders as there is scope to achieve a better risk allocation and conformance through negotiation with the current tenderers

3. Delegate the Director Engineering Services to enter into negotiations with the contractors in order of preference outlined within this report to resolve the non-conformances within the tender, with the view of forming a contract for the delivery of the Quipolly Water Project.

Carried

10.2 Tender 01-2021 - Quirindi Showground Pavilion

Resolution 2021/28

Moved: Cr Ian Lobsey OAM

Seconded: Cr Virginia Black

That Council:

1. Accept the tender from Willis Brant & Associates Pty. Ltd. for $1,648,930 inc. GST for the construction of the Pavilion at the Quirindi Showground under Contract 01-2021 subject to variations

2. Delegate the Director Engineering Services to execute the contract with Willis Brant & Associates Pty. Ltd.

Carried

The Meeting closed at 3.04pm.

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

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

CHAIRPERSON

Ordinary Council Meeting Agenda

28 April 2021

MINUTES OF Liverpool Plains Shire Council
Ordinary Council Meeting
HELD AT THE Council Chambers
ON Wednesday, 24 March 2021 AT 2:30pm

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

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 Ken Cudmore 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.

Apology

Resolution 2021/29

Moved: Cr Doug Hawkins OAM

Seconded: Cr Ian Lobsey OAM

That Council:

1. Receive and accept the apology from Cr Virginia Black grant leave of absence.

Carried

3 Confirmation of Minutes

3.1 Minutes of the Audit, Risk and Improvement Committee Meeting held on 12 February 2021

Resolution 2021/30

Moved: Cr Paul Moules

Seconded: Cr Ian Lobsey OAM

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.

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)

5.1 Mayoral Minute - Mayoral Activities February 2021.

Resolution 2021/31

Moved: Cr Doug Hawkins OAM

Seconded: Cr Ken Cudmore

That Council:

1. Receive and note the Mayoral Minute.

Carried

6 Inward Correspondence/Petitions

6.1 Correspondence

Resolution 2021/32

Moved: Cr Ian Lobsey OAM

Seconded: Cr Ken Cudmore

That Council:

1. Receive and note Correspondences 1 and 2.

Carried

7 Reports to Council

7.1 Resolutions Register

Resolution 2021/33

Moved: Cr Paul Moules

Seconded: Cr Ken Cudmore

That Council:

1. Receive and note the Resolutions Register as at 09 March 2021, appended at Annexure A.

Carried

7.2 Executive Area Works

Resolution 2021/34

Moved: Cr Ken Cudmore

Seconded: Cr Ian Lobsey OAM

That Council:

1. Receive and note the Executive Area Works Report.

Carried

7.3 Investments - February 2021

Resolution 2021/35

Moved: Cr Paul Moules

Seconded: Cr Ken Cudmore

That Council:

1. Receive and note the Statement of Investments as at 28 February 2021.

Carried

7.4 Approval of Councillor Attendance at LGNSW Destination and Visitor Economy Conference

Resolution 2021/36

Moved: Cr Paul Moules

Seconded: Cr Ken Cudmore

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.

Carried

7.5 Endorsement of draft Crown Lands Plan of Management and Acknowledgement of Native Title Manager Advice

Resolution 2021/37

Moved: Cr Paul Moules

Seconded: Cr Ian Lobsey OAM

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 approve the draft Plan of Management for the following Reserves:

(a) 35868 - Wallabadah Recreation Ground

(b) 59034 - Currabubula Hall

(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.

Carried

7.6 Engineering Directorate Works Report - March 2021

Resolution 2021/38

Moved: Cr Ian Lobsey OAM

Seconded: Cr Paul Moules

That Council:

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

Carried

7.7 Water Supply Status Report

Resolution 2021/39

Moved: Cr Ken Cudmore

Seconded: Cr Ian Lobsey OAM

That Council:

1. Receive and note the Water Supply Status Report.

Carried

7.8 Liverpool Plains Shire Council Local Traffic Committee - February (Electronic) Meeting

Resolution 2021/40

Moved: Cr Ken Cudmore

Seconded: Cr Paul Moules

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.

Carried

7.9 Construction of a Shed with a Skillion roof (10m x 14.65m), 2A Church Street, QUIRINDI NSW 2343

Resolution 2021/41

Moved: Cr Ian Lobsey OAM

Seconded: Cr Ken Cudmore

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.

In Favour: Crs Ken Cudmore, Doug Hawkins OAM, Ian Lobsey OAM and Paul Moules.

Against: Nil

carried 4/0

8 Delegates Reports

Nil

9 Notices of Motions/Questions with Notice

9.1 Response to Question with Notice - Merriwa Road

Resolution 2021/42

Moved: Cr Paul Moules

Seconded: Cr Ken Cudmore

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.

Carried

10 Confidential Matters

Resolution 2021/43

Moved: Cr Paul Moules

Seconded: Cr Ian Lobsey OAM

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 Management Letter on the Final Phase of the Audit for the Year Ended 30 June 2020

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.

Carried

Resolution 2021/44

Moved: Cr Paul Moules

Seconded: Cr Ken Cudmore

That Council:

1. Moves out of Closed Council and 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 Management Letter on the Final Phase of the Audit for the Year Ended 30 June 2020

Resolution 2021/29

Moved: Cr Paul Moules

Seconded: Cr Ian Lobsey OAM

That Council:

1. Receive the Management Letter on the Final Phase of the Audit for the Year Ended 30 June 2020, appended at Annexure A.

Carried

The Meeting closed at 3.04pm.

The Minutes of this meeting were confirmed at the Ordinary Council Meeting held on 28 April 2021.

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

CHAIRPERSON

4 Disclosures of Interests

Ordinary Council Meeting Agenda

28 April 2021

7 Reports to Council

7.1 Resolutions Register

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: G2021/0123

Annexures: A. Resolutions Register - Action Update - 21 April 2021 ⇩

Recommendation

That Council:

1. Receive and note the Resolutions Register as at 21 April 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, 8 resolutions have been completed and actioned as at the date of this Business Paper being published, and 3 remain outstanding.

*Table 1: Council Resolution Status Summary*
Status	Definition	Number
Complete	Action completed by date of Business Paper publication.	8
Outstanding	Action not completed by date of Business Paper publication.	3
	TOTAL	11

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 21 April 2021. It is recommended that Council receive and note the Resolutions Register.

Ordinary Council Meeting Agenda

28 April 2021

7.2 Executive Area Works Report

IP&R Linkage: Goal: 2.3 Liverpool Plains Shire Council represents the community it serves

Strategy: 2.3.5 Engage with the community effectively and target communication, ensuring a transparent approach.

Author: Deborah Perry-Brown, Executive Support Officer

Authoriser: Joanne Sangster, General Manager

File Number: G2021/0112

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

Fortnightly meetings with Senior Management Team, fortnightly meetings with Management Team.

General Manager Actions

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

Actions and Functions / Events attended by the General Manager
MARCH 2021
01/03/2021		Meeting with Mayor Hawkins – at least weekly
01/03/2021		Quirindi Clontarf Academy Partners BBQ Meet and Greet
04-5/03/2021		Country Mayor’s Meeting - Sydney
05/03/2021		Meeting with Blacktown City Council delegation
06/03/2021		Official opening – Military Tattoo
10/03/2021		Meeting with Hunter Gas Pipeline representatives
12/03/2021		International Women’s Day event – Royal Theatre
17/03/2021		Governance training – Leura
23/03/2021	Meeting regarding the sealing of the Werris Creek Industrial Precinct road
25-26/3/2021	Local Government Professionals – General Managers meeting - Sydney
29/03/2021	Australian Stock Horse Society meeting
31/03/2021	Official opening – Liverpool Plains Sporting Courts – Mr Kevin Anderson MP

Media

This report covers the period 10-03-21 to 01-04-21

· Prepare and distribute 13 media releases

· 111 social media posts during the period

Campaigns over this period include; Road closures during flood events, Severe storm advice notices, sheep graziers warnings, Seniors Week, Youth Week, Pets in care, Alcohol Free Zones, Waste disposal, Go Local First, Support Opportunities for small business, Eastside Childcare Centre, Royal Theatre events, Home Support Services, Showground demolition of old Pavilion, Official opening Netball/Basketball complex, Sporting fields redevelopment, Covid-19 daily updates, Funding opportunities, Road safety, Local Crime prevention, Shoosh at Sport Kids Campaign, Community Announcements, Advice re attendance of Service NSW and Australian Government mobile service centres, International Women’s Day, Quirindi Library Redevelopment, General Council information.

Legislative and Policy Implications

There are no legislative and 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 March 2021.

Ordinary Council Meeting Agenda

28 April 2021

7.4 Amendment to Schedule of Ordinary Meetings 2021

IP&R Linkage: Goal: 5 Our local government is efficient, sustainable and fit for the future

Strategy: 3 Deliver good governance and maintain a transparent decision-making framework.

Author: Cian Middleton, Executive Manager Corporate Services

Authoriser: Joanne Sangster, General Manager

File Number: G2021/0129

Annexures: A. Schedule of Ordinary Meetings 2021 (Amended) ⇩

Recommendation

That Council:

1. Amend the Schedule of Ordinary Meetings, appended at Annexure A, to:

(a) Include an additional Ordinary Meeting on Monday, 17 May 2021; and

(b) Amend the date of the Ordinary Meeting in August 2021 to be Wednesday, 18 August 2021.

2. Note that the General Manager will provide public notice of the amended Schedule of Ordinary Meetings, pursuant to sections 9 and 418(3) of the Local Government Act 1993 and clause 3.3 of the Code of Meeting Practice.

Background

Section 365 of the Local Government Act 1993 (“the Act”) requires Council to meet at least 10 times each year, each time in a different month. Clause 3.1 of Council’s Code of Meeting Practice (“Meeting Code”) provides that Council shall, by resolution, set the frequency, time, date and place of its ordinary meetings.

Section 9 of the Act and clause 3.3 of Council’s Meeting Code requires Council to give public notice of the times and places of its meetings. Clause 3.4 of Council’s Meeting Code provides that the notice must be published on Council’s website, and in such other manner that Council is satisfied is likely to bring notice of the meetings to the attention of as many people as possible.

At its Ordinary Meeting held 16 December 2020, Council resolved to adopt its current Schedule of Ordinary Meetings (“Schedule”) for 2021 [res. 2020/266].

Issues and Commentary

The Schedule contained at Annexure A lists the dates, times and locations of all Ordinary Meetings scheduled to be held in 2021. All meetings are scheduled to be held at the Council Chambers at 60 Station Street, Quirindi and commence at 2.30pm.

Council traditionally holds its Ordinary Meetings on the fourth Wednesday of the month, except in December, in which the Ordinary Meeting is held on the third Wednesday of the month. The Schedule has continued this practice, except for in the month of February, in which two Ordinary Meetings were held.

The Schedule has is proposed to be varied to:

1. Schedule an additional Ordinary Meeting in May 2021; and

2. Amend the date of the Ordinary Meeting scheduled to be held in August 2021.

Both amendments are marked in red in the appended Schedule, with commentary on each amendment detailed below.

Scheduling of additional Ordinary Meeting in May 2021

The current Schedule provides that Council’s Ordinary Meeting in May 2021 will be held on the fourth Wednesday of the month, being Wednesday, 26 May 2021.

Management is proposing that an additional Ordinary Meeting be scheduled for the preceding Monday, 17 May 2021 for the purposes of:

· Consideration of the draft combined Delivery Program and Operational Plan, incorporating the draft 2021/22 Budget and Statement of Revenue Policy; and

· Consideration of Tender 8-2020- Quipolly Water Project.

Given the statutory requirements associated with publicly exhibiting the draft combined Delivery Program and Operational Plan prior to its adoption, as well as the timeframes attached to the Quipolly Water Project; the scheduling of the additional Ordinary Meeting as proposed is preferred so that neither matter is delayed.

As the NSW Electoral Commission will be utilising the Council Chambers as a pre-poll location for the Upper Hunter by-election, the additional Ordinary Meeting will be held at the Liverpool Range RFS Fire Control Centre located at 124 Pryor Street, Quirindi.

Amendment to date of Ordinary Meeting in August 2021

The current Schedule provides that Council’s Ordinary Meeting in August 2021 will be held on the fourth Wednesday of the month, being Wednesday, 25 August 2021. It is noted that as this Ordinary Meeting falls during the caretaker period ahead of the NSW Local Government Elections, Council will not be able to exercise those functions prohibited under clause 393B of the Local Government (General) Regulation 2005, relating to:

· Entering into major contracts or undertakings involving significant expenditure;

· Determining certain Development Applications; and

· Appointing or reappointing a General Manager.

Since the adoption of the Schedule, the NSW Electoral Commission has advised Council that it will require the use of the Council Chambers as a pre-poll location for the NSW Local Government Elections. The term of the lease will commence on Monday, 23 August and conclude Sunday, 22 September 2021.

As such, Council can either change the venue of its Ordinary Meeting to a different location, or alternatively, amend the date of the Ordinary Meeting. Management is recommending that the Schedule be amended to bring forward the Ordinary Meeting by one week to the third Wednesday of the month, being Wednesday, 18 August 2021, allowing the meeting to be held in the Council Chambers.

Legislative and Policy Implications

As detailed above, Council’s Meeting Code requires to Council to set, by resolution, the frequency, time, date and place of its Ordinary Meetings.

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

As detailed above, public notice of the times and venues of Council meetings must be provided under the applicable provisions of the Act and Meeting Code.

Conclusion

It is recommended that Council adopts the amended Schedule of Ordinary Meetings, contained at Annexure A, to schedule an additional Ordinary Meeting in May 2021 and vary the date of its Ordinary Meeting in August 2021, for the purposes and reasons outlined in this report. Consistent with the legislative requirements detailed above, the amended Schedule will be published to Council’s website at www.lpsc.nsw.gov.au and promoted via public notice following its adoption.

Ordinary Council Meeting Agenda

28 April 2021

7.5 Combined Delivery Program and Operational Plan Progress Report as at 31 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: G2021/0126

Annexures: A. Combined Delivery Program and Operational Plan Progress Report as at 31 March 2021 ⇩

Recommendation

That Council:

1. Receive and note the combined Delivery Program and Operational Plan Progress Report as at 31 March 2021, appended 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 nine-month period from 01 July 2020 to 31 March 2021 is contained at Annexure A.

A summary of Council’s progress in implementing its combined Delivery Program and Operational Plan for the nine-month period to 31 March 2021 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	5	19.2	17	65.4	0	0.0	4	15.4	0	0.0
2	Governance	9	21.4	20	47.6	5	12.0	4	9.5	4	9.5
3	Environment	6	25.0	15	62.5	3	12.5	0	0.0	0	0.0
4	Economy	0	0.0	4	44.5	2	22.2	0	0.0	3	33.3
Total		20	19.8	56	55.5	10	9.9	8	7.9	7	6.9

Of the 101 actions contained in the combined Delivery Program and Operational Plan, a combined total of 75.3 per cent have been achieved or are on track to being achieved. A further 7.9 per cent were not scheduled to commence during the reporting period. A combined total of 16.8 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, 15 of the 101 actions contained in the combined Delivery Program and Operational Plan (representing 16.8of all actions) are either behind plan or require urgent action.

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 March 2021. The document, once formally received by Council, will be published to Council’s website as open access information.

Ordinary Council Meeting Agenda

28 April 2021

7.6 Engineering Directorate Works Report - April 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: G2021/0124

Annexures: Nil

Recommendation

That Council:

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

Background

N/A

Issues and Commentary

Quirindi Library

Internal works are underway with the building services, plastering and painting of the building. Council officers have been working with Central Northern Regional Libraries and NSW Net Service- State Library on the IT connections to the building, with an improvement in connectivity and high-speed wireless public internet likely to be achieved.

The storage facility for the books was damaged during recent heavy rain events, approximately 100 books of the 8,500 within the collection were damaged. They have been relocated to another Central Northern Regional Libraries building at no cost to Council.

Works remain on track for completion in mid-June, it is expected to open to public in July 2021.

New Changing Rooms – Golland Field

A contractor has been awarded the project. Council will construct the mound to similar height with rest of buildings to protect from flood waters. The programme is for the concrete slab to be poured at the beginning of June with the building completed by 30th June 2021.

Extension of Longfield Oval No 2 to accommodate Athletics Track

There is an issue with timing between Little Athletics and Junior cricket as to the use of the oval on Saturday mornings. It is not safe to utilise the running track and play cricket at the same time. A similar situation would occur if the running track was installed at Golland Field with Junior cricket utilising the new synthetic wicket. The cricket association has been requested to talk to Little Athletics to seek a compromise re timing to suit both parties. A further meeting is being arranged with the cricket association to further progress a resolution.

Refurbishment of Grandstand – Longfield Oval No 1

Refurbishment works including replacement of defective seating and repainting will commence and be completed in May 2021.

LED Streetlight Upgrade

Works are well underway with 77% of the installation completed at the time of writing this report. There are material supply delays for the decorative lights in George Street and Snape Street which will delay final completion of this.

Werris Creek Gap Road Economic Precinct Southern Access

Tenders have been called through Vendor Panel: Local Government Procurement under Contract – LGP1208-3 for the detailed design work needed for this project. Preliminary Geotechnical Investigation for the project was undertaken in mid-April. Tender closing for this project is extended to mid-May at the request of Tenders due to Easter break and additional information council waiting from external stakeholders – ARTC and Transport for NSW(TfNSW).

Roading

Unsealed Roads

Unsealed road normal and major maintenance works are continuing.

Sealed Roads

Heavy patching and repair works have been undertaken on roads programmed for the 20/21 FY resealing programme. A 1km section of Werris Creek Road south of Currabubula has been removed from the reseal programme due to pre reseal repairs not been completed. Both mechanical failure and Easter break contributed to not fulfilling the necessary repairs. This section will be included in the 21/22 FY programme.

REPAIR Programme

Coonabarabran Rd shoulder rehabilitation, George St major surfacing repairs and Gap Rd shoulder rehabilitation projects have been completed. Lindsay’s Gap Rd shoulder and pavement rehabilitation works are 80% completed. Wallabadah Rd shoulder and pavement rehabilitation will be completed prior to 30^th June 2021.

Fixing Local Roads

Blackville Road seal extension (3.4km) has been completed.

Callaghan’s Lane Seal Extension is underway with programmed completion date early May 2021.

Council’s allocation in 21/22 FY is $2.15M - $1.3M for Bulunbulun Rd and $0.785M which will be split between Coonabarabran, Blackville and Bundella Roads.

2020/2021 Reseal Programme

The reseal programme commenced on Monday 19^th April and completed on Friday 23^rd April 2021. Sections of Station St and Dewhurst St Quirindi, 3 sections of Werris Creek Rd in Currabubula and Werris Creek, Coonabarabran Road, Gap Road and Lindsay’s Gap Road were resealed.

Local Roads and Community Infrastructure Fund

Henry St Basketball and Netball courts have been completed and Centre St upgrade and Quirindi Library are progressing. Road deviation on Lowes Creek Rd (opposite new water treatment facility) and overlay on Coonabarabran Rd (Caroona Feedlot location) will be completed prior to 30^th June 2021.

Parks & Gardens

Maintenance works are continuing.

Planning and Environmental Services

Council has received a grant for $50,000 to assist in the implementation of the Planning Portal required to be live July 1 2021.

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

28 April 2021

7.7 Water Supply Status Report

IP&R Linkage: Goal: 2 We have access to affordable, clean water supplies

Strategy: 1 Ensure infrastructure is developed to provide quality water supplies that meet environmental regulations.

Author: Luke Whitten, Water Services Engineer

Authoriser: Joanne Sangster, General Manager

File Number: G2021/0140

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

Background

Issues and Commentary

(a) WATER QUANTITY

The climate outlook from the Bureau of Meteorology (“BOM”) is for slightly below 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. This allows for the 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

Following a low reached in early March there has only been a small improvement in the aquifer level at Borambil, however at as the weather cools it is expected to continue to improve somewhat. Production was typically at minimum usage levels over March due to minimal outdoor water demand.

Werris Creek Supply Status

Quipolly Dam water level was measured at 100.21% of full supply capacity at the end of March, up 4.4% from the end of February. Quipolly Dam reached 112.14% or 570mm over the full supply level at the peak of overflow during the weather event on the 23-24 March. Water production for Werris Creek has followed a very similar trend to Quirindi for the same reasons.

Villages Water Supply Status

Village water supply groundwater levels typically improved over the last month.

(B) WATER QUALITY

A Blue Green Algae (BGA) bloom continued at Quipolly Dam into March with the level dropping into the High Alert range for the response protocol with the latest results. It is expected that the bloom will have further decreased following the strong stream flows into and out of the dam, however these results have not been released from the laboratory yet. NSW Health have been kept up to date regarding this BGA bloom and continue to support Council’s actions as appropriate and safe. The sudden inflow into Quipolly Dam caused the treatment issues to switch from algae bloom to highly turbid water in late March with raw water turbidity typically less than 6 NTU over the last 3 months has been recorded as high as 20 NTU following the weather event. All critical control points were maintained well within acceptable limits during this transition.

There were no water quality events reported to NSW Health during March.

The special monitoring program for dissolved minerals in the Spring Ridge Water Supply is ongoing.

Werris Creek Boil Water Alert

The recent rain events created some challenging water conditions in Quipolly Dam, with Council staff managing the processes within Council’s treatment plant to achieve the required water quality. On Wednesday 14 April Council then experienced a mechanical failure in the plant which resulted in ‘cloudy’ water being delivered to the Werris Creek reservoir.

NSW Health were notified immediately upon the receipt of these results. Drinking water guidelines are essentially pass/fail, with this cloudy water being outside of the guidelines, hence the boil water alert. Due to dilution within the reservoir, residents may not have noticed the cloudiness of the water.

Letter drops were done to all residences in Werris Creek on the morning of Thursday 15 April, completed around 10am. This was part of our planned response with NSW Health following identification of the issue on Wednesday

The equipment failure was Thursday 15 April evening, with the plant operating to an acceptable standard around lunch time Friday 16 April.

Council staff then undertook close monitoring of the treated water from the plant over the weekend, and also assisted in the use of the contaminated water through flushing operations.

A meeting with NSW Health was held 9:30am Monday 19 April, with NSW Health satisfied on Council’s response to this matter, the quality of the water being supplied, and the usage over the weekend. The combination of these matters resulted in the boil water alert being lifted by 10:30am Monday 19 April.

The nature of the aging Werris Creek treatment plant means there are less barriers to prevent contamination such as this. The robustness of the Quipolly Water Project treatment plant provides more barriers in the treatment process. It is likely that this issue would not have occurred with that plant.

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

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.

Ordinary Council Meeting Agenda

28 April 2021

7.8 Liverpool Plains Shire Council - Local Traffic Committee (Electronic) Meeting - April 2021

IP&R Linkage: Goal: 1.4 Our transport and telecommunications options support our business and lifestyle

Strategy: 1.4.2 Develop a local transport strategy that addresses needs of the community and liaise and partner with other government stakeholders to facilitate optimum, achievable transport outcomes.

Author: Craig Orvad, Projects and Works Support

Authoriser: Nathan Skelly, Director Engineering Services

File Number: G2021/0118

Annexures: Nil

Recommendation

That Council:

1. Approves all temporary road closures associated with the 2021 Anzac Day March and Services;

(a) In Quirindi – Station Street closed at Pryor Street, Railway Ave and Henry Street for the Dawn Service commencing at 5.30am. Station Street closed between Dalley and Pryor Streets and George Street closed between Pryor and Thomas Streets for the March commencing at 11am; and

(b) In Werris Creek - Anzac Parade closed between Single Street and mid-block to Henry Street for the Dawn Service. Single Street closed on both approaches to Anzac Parade and Anzac Parade closed between Single Street and mid-block to Henry Street for the Morning Service.

Background

The April Local Traffic Committee meeting was conducted electronically on Monday 12 April for Committee comments on the proposed road closures associated with the 2021 Anzac Day Services in Quirindi and Werris Creek.

Temporary road closures are as follows:

Quirindi – Station Street closed at Pryor Street, Railway Ave and Henry Street for the Dawn Service commencing at 5.30am. Station Street closed between Dalley and Pryor Streets and George Street closed between Pryor and Thomas Streets for the March commencing at 11am. Traffic will be diverted into nearby streets and utilise Hill Street to traverse the CBD.

Werris Creek – Anzac Parade closed between Single Street and mid-block to Henry Street for the Dawn Service. Single Street closed on both approaches to Anzac Parade and Anzac Parade closed between Single Street and mid-block to Henry Street for the Morning Service. Traffic will be diverted into nearby streets and utilise Henry Street to traverse the CBD.

All works will be undertaken by Council staff with the last remaining temporary road closure to be lifted by approximately 12.30pm.

There will be no March in Willow Tree, only a Morning Service conducted at the Community Hall.

Issues and Commentary

The replies received from Traffic Committee members to date has raised no objections to the temporary road closures subject to the use of the appropriate Traffic Control guidance Plan (TCGP).

Legislative and Policy Implications

Financial Implications

Works will be funded from Council’s Works and Operations budget associated with the specific roads in question.

RISK Implications

Due to the use of appropriate TCGPs to manage traffic, it is considered risk to the event and non-event public is low.

Community Consultation

Advertisements have been placed in the local paper advising of the temporary closures, which is a pre-requisite by the event organiser as part of the Traffic and Transport for Special Events application package.

Conclusion

Due to the need for safe motorists and pedestrian amenity associated with Anzac Day Services and March, it is suggested Council approves all temporary road closures associated with the 2021 Services.

Ordinary Council Meeting Agenda

28 April 2021

7.9 DA 63/2020 - Construction of a Single Storey Dwelling with a Detached Double Garage (including a workshop area), Secondary Dwelling and Detached Shed (8.00m x 15.00m)

File Number: G2021/0120

Author: Gunther Weidenmann, Town Planner

Authoriser: Joanne Sangster, General Manager

Annexures: A. Plans of the Development ⇩

B. Schedule 1: Conditions of Development Consent - DA 63/2020 ⇩

Recommendation

That Council:

1. Grant consent subject to conditions, as detailed in Schedule 1: Conditions of Development Consent – DA 63/2020. Development Application 63/2020 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) 63/2020 seeks development consent for the Construction of a Single Storey Dwelling, Detached Garage, Secondary Dwelling and a Detached Shed (8.00m x 15.00m) on Lot 10 in DP 839305 – 19 Green Crescent, Quirindi NSW 2343. DA 63/2020 was lodged on 23 December 2020.

DA 63/2020 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 exceed the cumulative size of outbuildings under Section 3.1.1 of the DCP.

Supporting Information

DA 63/2020 has been lodged over LOT: 10 DP: 839305, identified as 19 Green Crescent, Quirindi NSW 2343 (refer to Figure 1 and Figure 2 below). The subject land is 1,793m² and is located within the Quirindi Township. The site is zoned R1 ‘General Residential’, pursuant to the provisions of the Liverpool Plains Local Environmental Plan 2011 (LPLEP 2011). The lot is currently vacant. The subject lot is classified as bush fire prone land and is also liable to inundation by flooding. There are no other known natural hazards affecting the site or allotments in proximity. No items of environmental heritage are known to be present.

Figure 1 - Aerial Image of the subject land, LOT: 10 DP: 839305 – 19 Green Crescent, Quirindi NSW 2343.

Figure 2 – Cadastral Image of the subject land, LOT: 10 DP: 839305 – 19 Green Crescent, Quirindi NSW 2343.

PROPOSED DEVELOPMENT

PLANNING ASSESSMENT – MATTERS FOR CONSIDERATION

The assessment of DA 63/2020 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 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.

A search of Council’s records and the contaminated land register held by the Environment Protection Authority has not produced any records for known contaminating land uses identified under Table 1 of the SEPP 55 Guidelines. A visual inspection of the site did not reveal any evidence to suggest that the land could be contaminated. It is therefore considered that the subject site is suitable in its current state for the purposes of the proposed development and that the provisions of this Policy have been satisfied.

State Environmental Planning Policy – BASIX (2004)

SEPP BASIX aims to encourage sustainable residential development through the BASIX scheme established under the EP&A Regulations, and to ensure consistency in the implementation of the BASIX scheme throughout NSW. In accordance with the requirements under the EP&A Regulation, a BASIX certificate is required to be submitted with the subject application.

A current BASIX Certificate prepared by Senica Consultancy Group Pty Ltd (numbered: 1145144M, dated 24/10/2020) has been submitted with the subject application. A condition of consent has been included to ensure that the specified BASIX commitments are fulfilled by the proponent.

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.

It is considered that the proposed development is consistent with the objectives of the R1 zone, listed above.

The proposed development can be defined as a ‘dwelling house’ and ‘secondary dwelling’ under the LEP, as follows:

dwelling house means a building containing only one dwelling.

secondary dwelling means a self-contained dwelling that—

(a) is established in conjunction with another dwelling (the principal dwelling), and

(b) is on the same lot of land as the principal dwelling, and

(c) is located within, or is attached to, or is separate from, the principal dwelling.

A ‘dwelling house’ and ‘secondary dwelling’ are developments that are permitted with consent in the R1 General Residential zone. As the proposed sheds will be ancillary development to the new dwelling, it is also permissible with consent.

Clause 5.4 ‘Controls Relating to Miscellaneous Permissible Uses’

The development standards under 5.4(9) of the LPLEP 2011 apply to the proposed development and state:

(9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:

(a) 60 square metres,

(b) 40% of the total floor area of the principal dwelling.

The total floor area of the proposed secondary dwelling is 59.74m². Therefore, the proposed secondary dwelling complies with Clause 5.4(9) of the LPLEP 2011.

Clause 7.1 ‘Earthworks’

In accordance with Clause 7.1 ‘Earthworks’ of the LPLEP 2011, it is considered that any earthworks associated with the development will be ancillary for which consent is to be given via DA 63/2020 and will be of minimal environment impact. Standard conditions have also been imposed in the terms of consent to mitigate any impacts that may arise as a result of earthworks, particularly in relation to the prescribed matters under Clause 7.1.

Clause 7.2 ‘Flood Planning Area’

The subject land is partially liable to inundation by flooding under the Quirindi Township & Surrounding Areas Floodplain Risk Management Plan and Study 2011 (Flood Study 2011).

According to the flood study completed by RHM Consulting Engineers, the proposed developments are not expected to significantly affect flood behaviour. It is therefore concluded that the development satisfies the matters under Clause 7.2(3)(a) – (e) and that development consent can be granted to the subject application.

Clause 7.4 ‘Essential Services’

The subject land is improved with existing connections to the essential services prescribed under Clause 7.4 of the LPLEP 2011. 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 63/2020.

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 building setback requirements from Green Crescent, but 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 proposed development will result in a site coverage of 28.44%, which is well under the prescribed site coverage (60%) for a R1 zoned property;

• The proposed development complies with building setback requirements under this Part of the DCP; and,

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

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

3.1.2 Building Height

According to the submitted plans, the proposed dwelling will have a maximum height of 2.74m to the top of the ceiling and 5.6m to the top of the ridge. The proposed secondary dwelling will have a maximum height of 2.44m to the top of the ceiling and 5.6m to the top of the ridge. The proposed garage will have a maximum height of 2.70m to the top of the ceiling and 4.20m to the top of the ridge. The proposed shed will have a maximum height of 2.687m to the top of the ceiling and 3.7m to the top of the ridge. The proposal complies with this section of the DCP.

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 28.44% upon completion of the development.

3.1.4 Off-Street Parking

According to the DCP, two (2) vehicle parking spaces must be provided behind the building line.

Two (2) garage parking spaces are provided with the proposed detached garage. The proposed shed will be located behind the building line. Compliance with this Part is therefore achieved.

3.1.5 Utilities

The site is located in an established area with the surrounding properties having access to all essential utility infrastructures. It is considered that the proposed development can be serviced by existing infrastructure, which is located in proximity to the site.

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 and garage will not be located within the building setback or in front of the dwelling. Therefore, compliance is achieved with this Part.

3.1.13 Access

Access to and from the proposed development will be gained via Green Crescent, which is a sealed public road. Conditions have been included in the terms of consent, requiring a new driveway access crossing to be constructed as a part of the development. Therefore, compliance has been achieved with this Part of the DCP.

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

A rainwater tank of at least 1,500L is required to be installed in order to fulfil the specified commitment in the submitted BASIX Certificate No 1145144M, dated 24 October 2020. As shown on the submitted plans, a water tank will be installed. A Condition has been included in the terms of consent to ensure that the development meets the requirements as set out in the BASIX Certificate.

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 63/2020 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 eighteen (18) days, commencing Thursday 1 April 2021 to Monday 19 April 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 a variation is proposed to the development standards under Section 3.1.1 of the DCP. Notwithstanding, the proposed variation is considered to be acceptable in this instance, as detailed throughout this Report.

Therefore, it is recommended that Council approve DA 63/2020 subject to the recommended conditions of development consent included as Schedule 1 attached to this Report.

Ordinary Council Meeting Agenda

28 April 2021

7.10 Waste Management Strategy Update

IP&R Linkage: Goal: 3.1 Our infrastructure is well planned and maintained and will meet our needs and into the future

Strategy: 3.1.4 Increase awareness of costs involved in managing community assets due to poor environmental practices (e.g. vandalism, illegal dumping, poor land management).

Author: Barry Strichen, Works and Assets Manager

Authoriser: Joanne Sangster, General Manager

File Number: G2021/0128

Annexures: Nil

Recommendation

1. That Council receive and note the update on the Waste Management Strategy

Background

Council adopted The Waste Management Strategy in January 2018. Implementation of the strategy commenced in March 2020. To date EPA approval for landfill remediation has been obtained for Premer, Spring Ridge, Caroona, Pine Ridge and Werris Creek landfills.

Issues and Commentary

Construction plans have been finalised for five landfill remediations (Premer, Spring Ridge, Caroona, Pine Ridge and Werris Creek) and three Waste Transfer Stations (Premer, spring Ridge and Caroona). Prices from contractor have been obtained for all of the above except Werris Creek. Construction of the Waste Transfer Stations at Premer, Spring Ridge and Caroona will commence in May 2021 and be completed in July 2021. There are existing small Waste Transfer Stations at Pine Ridge, Blackville and Wallabadah. Landfill remediation works for Premer, Spring Ridge and Caroona will commence in May/June 2021 and completed by end August 2021.

Discussion is required regarding acceptance of types of waste at Premer, Spring Ridge and Caroona new Waste Transfer Stations. As part of the proposed operational strategy for management of the rural Waste Transfer Stations no general waste (non recyclable waste) will be retained on site as it will be removed the same day of operation. Recyclable waste will be retained on site until a designated volume is reached then removed to Quirindi landfill. Discussion is required on what options that will be adopted – accepting recyclable waste at all of the three sites or just at one site say Spring Ridge. The one site option reduces material management costs however involves other communities having to travel to Spring Ridge to dispose of their recyclables.

Discussion is also required around the number of rural Waste Transfer Station sites. General waste collected at Blackville, Pine Ridge and Wallabadah is extremely small, sometimes no waste at all. However these sites are manned twice a week at Pine Ridge and Blackville and once a week at Wallabadah. The alternative option is to close Blackville and Pine Ridge sites and the community goes to Spring Ridge and close Wallabadah and the community goes to Quirindi. The financial implications of this option are outlined in Financial Implications below.

Legislative and Policy Implications

Financial Implications

The budget for the 21/22 FY is $2,300,000 ($1.5M Resources for Regions grant + $800K (carryover of $1M from 20/21 FY.

A - Capital Costs – Landfill Remediation

Premer, Spring Ridge, Caroona, Pine Ridge = $320,000

Werris Creek = $200,000 (estimated)

Total Landfill Remediation Costs $520,000

B - Capital Costs – Waste Transfer Stations

Premer, Spring Ridge, Caroona = $400,000

Werris Creek = $250,000 (estimated)

Total Waste Transfer Station Costs $650,000

C - Proposed Landfill at Willow Tree Cost

Design/Approvals = $250,000

Construction = $1,370,000 (estimated 50% of construction costs)

Total Proposed Landfill Costs $2,300,000

The 21/22 FY budget allocation will allow completion of Items A and B, design/approvals cost for proposed landfill and $1,370,000 towards construction costs. This outcome would be acceptable. Remaining works in the following year would include landfill remediation works and construction of Waste Transfer Station at Quirindi landfill and completion of construction of the proposed landfill at Willow Tree.

Operational Costs

Current operational costs at rural landfills are $390,000 per year. Once the Waste Transfer Stations are complete at Premer, Spring Ridge, Caroona operational costs are expected to reduce to $40,000 per site totalling $120,000. Existing operational costs totalling $121,000 will remain at Blackville, Pine Ridge and Wallabadah. 21/22 FY operational costs for rural sites will be $241,000, a reduction of $149,000. Should Blackville, Pine Ridge and Wallabadah be closed then a further $121,000 reduction in operational costs could be achieved.

RISK Implications

Contamination risk has been managed by engaging with the NSW Environmental Protection Authority on the closure plans for the existing landfills

Community Consultation

Community Consultation meetings will be held at Spring Ridge, Blackville and Wallabadah in the next month to explain the Waste Management Strategy objectives.

Conclusion

This report provides an update on Council’s progression to fully implementing the Waste management Strategy.

Ordinary Council Meeting Agenda

28 April 2021

7.11 Recreation Strategy Implementation Progress Report

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: Ian George, Economic Development Officer

Authoriser: Joanne Sangster, General Manager

File Number: G2021/0103

Annexures: A. Project Dashboard Summary - Ordinary Meeting of Council - April 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 (Resolution 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.

Showground Precinct

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

The pavilion contract has been awarded to Willis Brant & Associates. The existing pavilions have been demolished, and additional geotechnical investigation has been completed. Per the tender report, it appears a more traditional style slab will be possible for this building, with savings for reduction in the slab construction likely to be realised. The full extent of the asbestos has been identified, with a suitably licenced demolition company engaged for the demolition of this material.

Works for the Pavilion are on track to be finished late July.

The demolition of the rodeo arena is underway, with the structure of the new one completed. The fence around the trotting track has also been completed. Civil works will be arranged for the installation of the base for the rodeo arena, a new roadway into the arena, and the works required for the new dressage arena.

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.

The design and costings for the relevelling of Golland Field is complete and works will be undertaken at the commencement of Spring 2021. This will ensure the sporting precinct has a level and safe playing surface when complete. The design and layout for the construction of the athletics track and long jump pit at Longfield Oval is finalised and work is ready to proceed.

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.

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

The Hon. Kevin Anderson, MP officially opened the multi-purpose courts on 31 March 2021.

David Taylor Oval

Funding was obtained through the Stronger Country Communities Fund Round 2 (State Government) to deliver multiple projects across David Taylor Oval including installation of camping amenities, shade coverage, bore and irrigation system and landscaping. This project is complete.

Funding was also obtained through the Drought Communities Program (Federal Government) to deliver the installation of a new canteen/amenities facility at David Taylor Oval. The amenities include a new canteen, female and men's facilities plus the installation of disabled access amenities in line with LPSC's Disability Inclusion Action Plan and is located near the Ron Dellar Grandstand. This project is complete.

Condition Assessment for Swimming Pools

In line with the recommendations contained within the adopted Recreation Strategy (Resolution 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 have 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 the Liverpool Plains Shire Council 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 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.

Ordinary Council Meeting Agenda

28 April 2021

7.12 Gap Road Economic Precinct Southern Access Project Update

IP&R Linkage: Goal: 1 Our infrastructure is well planned and maintained and will meet our needs and into the future

Strategy: 1 Develop long-term strategies to plan and maintain current and future infrastructure and finances required.

Author: Nathan Skelly, Director Engineering Services

Authoriser: Joanne Sangster, General Manager

File Number: G2021/0130

Annexures: Nil

Recommendation

1. That Council receive and note the update on the Gap Road Economic Precinct Southern Access project

Background

Council sought funding through the NSW Government Restart NSW funding stream for the delivery of a bypass route around Werris Creek. Council was successful in receiving a funding offer of $7,296,000 to undertake works on Stage 1 of this project, being the upgrade to South Street, West Street, and Loco Street to provide safe, efficient access to the Intermodal Rail terminal at Werris Creek from Werris Creek Road.

The funding is a 3 way partnership between the NSW Government, Council, and Crawfords Freightlines Pty. Ltd (Crawfords). This partnership provides funding for the total project cost of $9,146,000, split per below:

· NSW Government - $7,296,000

· Council - $750,000

· Crawfords - $1,100,000

This project provides road safety benefits to users of Werris Creek Road, and particularly users of the intermodal terminal. It also allows for access to potential industrial land to the west of Werris Creek through provision of a suitable road providing heavy vehicle access.

Issues and Commentary

Council’s General Manager and Director Engineering Services met with Peter Crawford of Crawfords Freightlines to resolve the sealing of South, Loco, and Downton Streets in the interim to alleviate the dust issues from their transportation work.

Agreement was reached with Crawfords to engage Council to do an initial seal on these streets to last until the broader project is able to be completed. Council will be undertaking these works in the coming weeks.

A tender has been put out for the design of the whole project through Local Government Procurement, with a pre tender meeting held 31 March 2021 with a number of design consultants attending and asking clarifications.

The deadline for submissions for the design pricing is 17 May 2021, with designs expected to take up to 6 months.

Contact has also been made with Australian Rail Track Corporation (ARTC) to open the dialogue with them on their requirements and timelines for the consultation with them during the design process. They have been open in their communications to date, and it is expected that we will be able to work collaboratively with them to achieve Council’s outcomes.

Negotiations are also taking place with Whitehaven Coal for the acquisition of the land needed for the new road. This is ongoing and expected to reach a positive resolution in time for the works.

Legislative and Policy Implications

Tendering through Local Government Procurement satisfies Council’s obligations under the Local Government Act 1993.

Financial Implications

Works are to be completed within the current project budget, with the initial sealing works to be paid for by Crawfords Freightlines under a signed private works agreement

RISK Implications

Delays in the land acquisition and approvals from ARTC have the potential to delay this project. The early contact we have made is crucial to managing this risk.

Community Consultation

Nil to date

Conclusion

The Gap Road Economic Precinct Southern Access Project is progressing through the design phase, with stakeholder consultation underway.


Business Paper Ordinary Council Meeting Wednesday, 28 April 2021
I hereby give notice that an Ordinary Meeting of Council will be held on:
Date:	Wednesday, 28 April 2021
Time:	2:30pm
Location:	Council Chambers
Joanne Sangster General Manager

Actions and Functions / Events attended by the Mayor – March 2021
Daily	Briefing with General Manager
01/03/2021	Quirindi Clontarf Academy Partners BBQ Meet and Greet
03/03/2021	Meeting with Whitehaven Coal representatives
04-5/03/2021	Country Mayors meeting - Sydney
05/03/2021	Meeting with Cr Bleasdale, OAM Blacktown City Council
06/03/2021	Liverpool Plains Military Tattoo
10/03/2021	Meeting with Hunter Gas Pipeline representatives
12/03/2021	Interview with Namoi Valley Independent
15/03/2021	Meeting with CWA
12/03/2021	2TM radio interview
23/03/2021	Meeting regarding the sealing of the Werris Creek Industrial Precinct road
30/03/2021	Sister Cities meeting
31/03/2021	Official opening of the Liverpool Plains Sporting Courts – Mr Kevin Anderson MP
Mayor’s correspondence – March 2021
10/03/2021	Walhallow Local Aboriginal Land Council	Letter of support
15/03/2021	Congratulatory letter to Werris Creek gentleman on his 90^th birthday