Agenda of Ordinary Council Meeting - Wednesday, 24 May 2023

Ordinary Council Meeting Minutes

26 April 2023

MINUTES OF Liverpool Plains Shire Council
Ordinary Council Meeting
HELD AT THE Council Chambers
ON Wednesday, 26 April 2023 AT 2:30PM

PRESENT: Cr Doug Hawkins OAM, Cr Ken Cudmore, Cr Jason Allan, Cr Terry Cohen, Cr Donna Lawson, Cr Paul Moules, Cr Yvonne Wynne

IN ATTENDANCE: Nathan Skelly (Acting General Manager) Joanna Little (CFO), Christie Pearson (Executive Operations), George Vorobieff (Acting Director Infrastructure and Environmental Services), Chris Weber (Acting Director Corporate and Community Services)

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 www.liverpoolplains.nsw.gov.au so that it is available for viewing by members of the public.”

1 Acknowledgement of Country and Council Prayer

Cr Doug Hawkins OAM recited the Acknowledgement of Country and the Council Prayer.

2 Apologies and Applications for a Leave of Absence by Councillors

Nil

The Mayor invited apologies and applications for leave of absence.

3 Confirmation of Minutes

3.1 Minutes of the Council Meeting held on 22 March 2023

Resolution 2023/47

Moved: Cr Ken Cudmore

Seconded: Cr Jason Allan

1. That the Minutes of the Council Meeting held on 22 March 2023 be received and the recommendations therein be adopted.

Carried

3.2 Minutes of the Audit, Risk and Improvement Committee Meeting held on 16 December 2022

Resolution 2023/48

Moved: Cr Donna Lawson

Seconded: Cr Terry Cohen

1. That the Minutes of the Audit, Risk and Improvement Committee Meeting held on 16 December 2022 be received and noted.

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 - March 2023

Resolution 2023/49

Moved: Cr Doug Hawkins OAM

Seconded: Cr Ken Cudmore

That Council:

1. Receive and note the Mayoral Minute for March 2023.

Carried

6 Inward Correspondence/Petitions

Nil

7 Reports to Council

7.1 Executive Services - April 2023

Resolution 2023/50

Moved: Cr Terry Cohen

Seconded: Cr Jason Allan

That Council:

1. Receive and note the Executive Services Report for April 2023.

Carried

7.2 Resolutions Register Update

Resolution 2023/51

Moved: Cr Paul Moules

Seconded: Cr Terry Cohen

That Council:

1. Receive and note the Resolutions Register as at 5 April 2023 appended at Annexure A and the Resolution Register for 2022 as appended at Annexure B.

Carried

7.3 Request for waiving of fees

Resolution 2023/52

Moved: Cr Jason Allan

Seconded: Cr Donna Lawson

That Council:

1. Approve to waive the hire fees for the Community Hub for Push for Palliative and the Willow Tree Hall for the Biggest Morning Tea pursuant to Section 610E of the Act.

Carried

7.4 Corporate and Community Services Directorate Report - April 2023

Resolution 2023/53

Moved: Cr Paul Moules

Seconded: Cr Jason Allan

That Council:

1. Receive and note the Corporate and Community Services Directorate briefing for March 2023 as detailed in this report.

Carried

7.5 Statement of Investments - March 2023

Resolution 2023/54

Moved: Cr Donna Lawson

Seconded: Cr Ken Cudmore

That Council:

1. Receive and note the Statement of Investments at 31 March 2023 as appended at Annexure A.

Carried

7.6 Local Advisory Groups

Resolution 2023/55

Moved: Cr Donna Lawson

Seconded: Cr Ken Cudmore

That Council:

1. Receive and note the minutes of the Currabubula Local Advisory Group as appended at Annexure A.

2. Receive and note Olga Fornazoric’s withdrawal of her expression of Interest for the Premer Local Advisory Group.

Carried

7.7 Public Exhibition - Draft Operational Plan 2023-2024, Draft Fees and Charges Schedule 2023-2024 and Draft Long-Term Financial Plan 2023-2034

Resolution 2023/56

Amendment

Moved: Cr Paul Moules

Seconded: Cr Donna Lawson

That Council:

1. Place the draft Operational Plan 2023-2024 appended at Annexure A, on public exhibition for a period of a minimum of 28 days.

2. Place the draft Fees and Charges Schedule 2023-2024 appended at Annexure B, on public exhibition for a period of a minimum of 28 days.

3. Place the draft Long-Term Financial Plan 2024-2034 appended at Annexure C, on public exhibition for a period of a minimum of 28 days.

4. Further report back to Council for adoption following exhibition period.

Carried

7.8 Community Funding Program Round 2 2022/2023

Resolution 2023/57

Moved: Cr Donna Lawson

Seconded: Cr Paul Moules

That Council:

(a) Approve the following grant allocations

Association	Purpose	Amount
Currabubula P & C	Purchase of Market Umbrella	$1,500
Plains Inc	Hire of Photographer for Marketing Campaign	$1,500
Quirindi Dressage Club	Purchase of Judging Tablets	$1398.98
Quirindi Polo Carnival Club	Equipment Hire Polo Carnival (pending provision of updated Certificate of Currency)	$1,500
Quirindi Branch Children’s Medical Research Institute	Denim and Diamonds Event	$1,500
Werris Creek Rugby Club	Old Boy’s Event	$1,500
Blackville Markets (auspiced by Plains Inc)	Blackville Markets	$1,500

Carried

7.9 Adoption of Draft Privacy Policy and Draft Privacy Management Plan

Resolution 2023/58

Moved: Cr Paul Moules

Seconded: Cr Ken Cudmore

That Council:

1. Place the draft Privacy Policy appended at Annexure A, on public exhibition for a period of 28 days and adopt the draft policy as exhibited, subject to no submissions being received, and

2. Note the draft Privacy Management Plan, appended at Annexure B

Carried

7.10 Audit, Risk and Improvement Committee Meeting Plan 2022 - 2024

Resolution 2023/59

Moved: Cr Donna Lawson

Seconded: Cr Terry Cohen

That Council:

1. Endorse the Audit, Risk and Improvement Committee 2022-2024 Meeting Plan, contained at Annexure 1.

Carried

7.11 Adoption of Draft Contract Management Policy

Resolution 2023/60

Moved: Cr Donna Lawson

Seconded: Cr Jason Allan

That Council:

1. Place the draft Contract Management Policy, appended at Annexure A, on public exhibition for a period of 28 days and adopt the draft Policy as exhibited, subject to no submissions being received.

Carried

7.12 Adoption of Draft Procurement Policy

Resolution 2023/61

Moved: Cr Terry Cohen

Seconded: Cr Donna Lawson

That Council:

1. Place the draft Procurement Policy, appended at Annexure A, on public exhibition for a period of 28 days and adopt the draft policy as exhibited, subject to no submissions being received.

Carried

7.13 Infrastructure & Environmental Services Directorate Report April 2023

Resolution 2023/62

Moved: Cr Terry Cohen

Seconded: Cr Ken Cudmore

That Council:

1. Receive and note the Infrastructure & Environmental Services Directorate report for the month of April 2023.

Carried

7.14 Town Water Supply Status

Resolution 2023/63

Moved: Cr Donna Lawson

Seconded: Cr Paul Moules

That Council:

1. Receive and note the Water Supply Status Report.

Carried

7.15 Quipolly water project construction progress report

Resolution 2023/64

Moved: Cr Jason Allan

Seconded: Cr Donna Lawson

That Council:

1. Receive and note this month’s progress of the Quipolly Water Project’s design and construction phases.

Carried

7.16 Draft Heavy Haulage Contribution Plan

Resolution 2023/65

Moved: Cr Ken Cudmore

Seconded: Cr Terry Cohen

1. That Council adopt the Liverpool Plains Heavy Haulage Contribution Plan as exhibited.

Carried

7.17 Proposal to Install a Return & Earn Facility at Quirindi Landfill

Resolution 2023/66

Moved: Cr Terry Cohen

Seconded: Cr Donna Lawson

That Council:

1. Accept offer from TOMRA Collection Australia (TOMRA) to install a Recycling Vending Machine (RVM) at the Quirindi Landfill

2. Accept that TOMRA contribute $7,000 towards the headworks required to install the RVM.

3. Accept that Council installs security fencing around the RVM at a cost of $12,500. Provide free power and free rent for three (3) years commencing on the first day of operation of the RVM.

Carried

8 Delegates Reports

8.1 Delegate's Report - Australian Railway Museum Committee Meeting

Resolution 2023/67

Moved: Cr Paul Moules

Seconded: Cr Terry Cohen

That Council:

1. Receive and note the Delegates Report of the Australian Railway Museum Committee meeting held on 19 April 2023 as appended at Annexure A.

Carried

9 Notices of Motions/Questions with Notice

Nil

10 Confidential Matters

Resolution 2023/68

Moved: Cr Terry Cohen

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 Sale of Land for Unpaid Rates and Charges - Progress Report

This matter is considered to be confidential under Section 10A(2) - (d)(i), (d)(ii) and (d)(iii) 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, information that would, if disclosed, confer a commercial advantage on a competitor of the council and information that would, if disclosed, reveal a trade secret.

10.2 Tender No 12599872 - Proposed Willow Tree Landfill Construction

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.

10.3 Request to reside in a Caravan

This matter is considered to be confidential under Section 10A(2) - (b) 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 discussion in relation to the personal hardship of a resident or ratepayer.

Carried

Resolution 2023/71

Moved: Cr Terry Cohen

Seconded: Cr Ken Cudmore

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 Confidential Matters

10.1 Sale of Land for Unpaid Rates and Charges - Progress Report

Resolution 2023/69

Moved: Cr Terry Cohen

Seconded: Cr Donna Lawson

That Council:

1. Receive the Progress Report on the sale of land for unpaid rates and charges.

2 Defer Lot 42 DP 1153273 to a future year sale of land for unpaid rates and charges.

3. Authorise the General Manager to bid, at the sale of land for unpaid rates auction on 12 May 2023, for properties listed in Annexure B to this report, up to the maximum amounts indicated in Annexure B.

4. Authorise the General Manager to execute contracts and all other documentation necessary to complete the transfer of properties purchased by Council at the sale of land for unpaid rates auction on the 12 May 2023.

5. Receive a further report at its Ordinary Meeting scheduled for the 22 June 2023 detailing any properties which are purchased at the sale of land for unpaid rates auction on 12May 2023 and to consider classifying each property as Community land in accordance with Section 34 of the Local Government Act 1993.

Carried

10.2 Tender No 12599872 - Proposed Willow Tree Landfill Construction

Resolution 2023/70

Moved: Cr Ken Cudmore

Seconded: Cr Terry Cohen

That Council:

1. Reject all tenders received for the construction of the Willow Tree Landfill due to tender prices received exceeding available budget.

Delegate the General Manager to invite alternative submissions from the tenderers on the construction of the Willow Tree Landfill to determine a feasible and cost-effective solution to align with Councils available budget.

Carried

10.3 Request to reside in a Caravan

Motion

Moved: Cr Paul Moules

Seconded: Cr Jason Allan

That Council:

1. Not proceed with the issue of the draft orders attached Notice of Intention dated 15 March 2023 concerning the use of the structure on 130 Borah Creek Road, Quirindi.

2. Endorse the approval of a S68 caravan license for the “same day granny flat” structure located at 130 Borah Creek Road, Quirindi subject to:

(a) A section 68 application for an on-site sewerage management system is made, approved and installed prior to commencement of occupation.

(b) A development application for a dwelling being lodged within 3 months of occupation.

This matter was not resolved by Council

The Meeting closed at 4.35pm.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 24 May 2023.

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

CHAIRPERSON

Ordinary Council Meeting Agenda

24 May 2023

7 Reports to Council

7.1 Executive Services Report - April 2023

IP&R Linkage: Goal: Our Council, community and business leaders work together effectively

Strategy: Council facilitates community engagement

Author: Deborah Perry-Brown, Executive Support Officer

Authoriser: Nathan Skelly, Director Infrastructure and Environmental Services

File Number: G2023/0114

Annexures: Nil

Recommendation

That Council:

1. Receive and note the Executive Services Report for April 2023.

Background

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

Issues and Commentary

The General Manger holds weekly meetings with the Executive Management Team, Management Team and a monthly meeting with staff.

Actions and Functions / Events attended by the Acting General Manager
April 2023
Weekly	Meeting with the Mayor
04/04/2023	Mr Juan Lee Pitt & Sherry – re the design for Werris Creek Industrial Precinct
05/04/2023	Executive Management Team (EMT) meeting
05/04/2023	Teleconference with Wallabadah Gully Project
06/04/2023	Transport for NSW – Liverpool Plains Risk Assessment
06/04/2023	Technology and Innovation Panel meeting
12/04/2023	Management Team meeting
13/04/2023	Reconstruction Authority – Simone Dearing
13/04/2023	Contaminated Lands Project meeting
18/04/2023	Liverpool Range BFMC After Action review – NSW RFS Fire Control Centre Quirindi
18/04/2023	OneRoad Training session- Deep Dive Meeting
20/04/2023	Staff Consultative Committee meeting
20/04/2023	Mr Barnaby Joyce meeting

Table 1 – Media
Function	Briefing
Social media	LPSC Facebook page (from last 28 days) People reached 66.7K Engagement 22.9K Impressions 151.3K 39 new followers 6,581 Followers
Facebook highlights	Top 5 performing posts Claimed Posted on 19/4 Impressions 39,447 Reach 36,676 The Quirindi Rural Heritage Village rally video interview with local Eddie Greening Posted on 7/5 Plays 14,367 Reactions 410 Reach 13,244 Kittens for Adoption Posted on 3/5 Impressions 4,256 Reach 4,090 Wonderful to Have this New Airline Launch Posted on 2/5 Impressions 3,703 Reach 3,515 A Great Event Coming Up this Weekend in Our Shire** Posted 3/5 Impressions 2,813 Reach 2,670
Media releases	Media releases approved and distributed: 11

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 Executive Services activities during April 2023.

Ordinary Council Meeting Agenda

24 May 2023

7.1 Corporate and Community Services Directorate Report - April 2023

IP&R Linkage: Goal: Our Council, community and business leaders work together effectively

Strategy: Provide strong direction for the community through the development and delivery of the Integrated Planning and Reporting (IP&R) Framework

Author: Chris Weber, Acting Director Corporate and Community Services

Authoriser: Gary Murphy, General Manager

File Number: G2023/0083

Annexures: Nil

That Council:

1. Receive and note the Corporate and Community Services Directorate briefing for April 2023 as detailed in this report.

Background

Liverpool Plains Shire Council ("Council") adopted its current organisation structure at its Ordinary Meeting held 03 February 2021 [res. 2021/6]. Council's current organisation structure comprises three Directorates, namely Executive Services, Corporate and Community Services and Infrastructure and Environmental Services.

The Corporate and Community Services Directorate comprises five business units:

· Community and Recreation Services;

· Customer and Information Services;

· Finance;

· Governance and Risk; and

· Human Resources.

At its Ordinary Meeting held 22 June 2022, Council adopted the Combined Delivery Program 2022-2026 and Operational Plan 2022-2023. Council has committed to delivering a combined total of 144 actions focused on achieving the community's vision across the four key strategic outcome areas set out in the Community Strategic Plan. Of these, 67 actions (approximately 47 percent of all total actions) have been assigned to the Corporate and Community Services Directorate for delivery. Regular progress reports on the implementation of these actions are provided to Council on a quarterly basis and published to Council's website at www.liverpoolplains.nsw.gov.au

This report provides a briefing on activities, services, programs and projects progressed by the Corporate and Community Services Directorate to 31 August 2022.

Issues and Commentary

Briefings on activities, services, programs and projects for each of the Directorate's five business units are detailed in Tables 1, 2, 3, 4 and 5, below:

Table 1 – Community and Recreation Services

Function

Briefing

Community Development

· Community Funding Program – all applicants have been notified of the results.

Royal Theatre

· Still waiting for the replacement part for the projector to be delivered to the Sydney based technicians. No fixed timeframe had been provided at 11 May.

Eastside Child Care Centre

· Interviews for casual Educators have been conducted. All applicants were offered casual employment. However, given the high demand for qualified Educator’s they have limited availability.

· Two of Eastside’s staff contracted COVID in late April and were unable to attend work. Parents were notified immediately and asked to seek alternate care. The Australian Children’s Education and Children’s Care Authority was notified that we were providing a restricted service due to staff shortages.

· At present the Productivity Commission, the Australian Competition and Consumer Commission and NSW IPART are all conducting reviews into the Early Childhood Education and Care Sector. The reviews are considering provider costs, access to services, availability of service and affordability for consumers.

Youth Services

· Youth Week 2023 took place from 20 to 30 April. 2 events were planned in Liverpool Plains Shire Council.

· Young people contributed to designing and painting a mural at Werris Creek Pool. Meeting on 22 April at Werris Creek Pool and Werris Creek Library, and then on 24 April at Werris Creek Pool, 2 young people were guided by artist Daniel Stanley.

The second event, an Ideation Workshop delivered by Australian School of Entrepreneurship, was due to take place on 29 April however has been postponed.

Library

· A total of 1,487 patrons visited Quirindi Library during April, and 632 visited Werris Creek. Well above 2022 data for both Quirindi and Werris Creek library. With three public holidays during the month, these are strong numbers.

· 19 new borrowers joined the library in Quirindi, and 5 in Werris Creek.

· Quirindi Library currently have 790 Facebook followers, and Werris Creek have 498 followers.

· Quirindi hosted 17 events during April including Tech Savvy Seniors, School Holiday Activities, Book Club, and Learn from a Local (with Friends of Quirindi Library).

· Werris Creek hosted 11 events including Story Time (delivered by Friends of Werris Creek Library), Tech Savvy Seniors, School Holiday activities, School Holiday LEGO with Friends of Werris Creek Library, and North and North West Legal Service.

· Tech Savvy Seniors continued in both Werris Creek and Quirindi Libraries and during the full program had 80 attendances across 6 workshops in each location (12 workshops total).

· Saturday visitation in Quirindi has been steady, with an average of 16 visits per Saturday during April (excluding Easter Saturday). Saturday Book Club continued in April, but attendance was disappointing.

· Collaborations/Partnership this month: Friends of Quirindi Library (facilitating book sales in the library as fundraising, venue for bi-monthly meeting, venue and marketing for ‘Learn from a Local’, hosting Easter raffle); Friends of Werris Creek Library (meeting held at Werris Creek Library, School Holiday LEGO Workshops, and hosting Story Time weekly); North and North West Community Legal Service (provide venue to meet clients at Werris Creek Library); Werris Creek Knitting Group (venue provided for weekly get-together); TFSS (school holiday activity).

Quirindi Community Hub

· There were a total of 22 individual events/bookings in the Community Hub during April.

· 11 of these were to external organisations, and 11 of these were for the library or associated events (e.g. Tech Savvy Seniors, School Holidays, and Book Clubs).

Plains Fitness

· During April, Plains Fitness had 84 financial members.

· 616 visits were recorded

· 94 personal traning sessions were conducted, with 143 participants taking part in these sessions.

· 180 participants took part in Group Fit classes during April.

· School holidays impact overall attendance at the centre as many members have childcare responsibilities during the holidays.

Quirindi and Werris Creek Swimming Pools

Attendance figures for both pools over the 2022/2023 season.

Quirindi	Pre-School	Primary School	High School	Adults	Total
TOTALS	585	2818	1129	2048	6580
%	10%	43%	17%	31%	100.00%

Werris Creek	Pre-School	Primary School	High School	Adults	Total
TOTALS	676	2722	678	2081	6157
%	11%	44%	11%	34%	100.00%

Table 2 – Customer and Information Services
Function	Briefing
Customer and Visitor Services	April 2023 139 Customer Action Request transactions were received and distributed by the Customer Service Centre during April 2023. 918 transactions were undertaken at the Service NSW Agency during April 2023. 402 total visitors attended the Willow Tree VIC.
Information Technology and Business Systems	Total number of helpdesk and general IT support tickets submitted for April 2023: 196 Total recorded number of helpdesk requests performed for Mapping / GIS and property for April 2023: 7 Total 203 support tickets April also saw significant progress in relation to the core business systems upgrade including 1. The go-live of Councils onboarding system for new employees, and 2. Large volumes of testing and preparation for the first stage of the Authority system upgrade to go-live in June.

Table 3 – Finance
Function	Briefing
Financial Reporting	· Interim Audit completed, awaiting Management Letter · Balance Sheet reconciliations continue · Statutory returns – including BAS lodged with FBT return in progress · Ongoing Grant acquittals
Financial Strategy	· User Acceptance Testing continues with upgrade to Authority Altitude · Quarterly Business Review Statement, including in this meeting
Procurement and Contracts	· Finalise Draft Procurement Policy · Procurement Procedures being reviewed · Create Training Package and started training in Procurement Policy and Procedures, including how to in Authority Altitude
Rates and Water Billing	· Rates and Water Billing enquires · Working with Legal firm for collection of some old debts and finalisation of a number of these · Sale of Land for unpaid rates –date of sale is 12 May 2023 – works progressing and queries answered
Integrated Planning and Reporting (IP&R)	· Pulse implementation ongoing

Table 4 - Governance and Risk
Function	Briefing
Corporate Governance	· Delegations documents finalised for review by new General Manager. Managers have been asked to provide feedback by 15 May 2023. Mayor and General Manager’s Instrument of Sub-Delegation to be provided to Council in the coming months for approval. · Insurance Renewal Questionnaires have been completed. Council is now waiting on the notification of our 2023/2024 Premiums. · Policy Register review completed, Managers have been provided with the list of outstanding Policies relevant to their area. Policies overdue for review are the primary focus.
Internal Audit and Risk Management	· Draft Work, Health and Safety Planning and Reporting Procedure submitted to Management Team for discussion. · Further progress on Council’s responses to the 2022 StateCover Self-Audit Action Plan.
Work Health and Safety (WHS)	EMT have approved a new Workplace Hazard and Building Checklist to be rolled out across the organisation. Trials will be conducted during May for finalisation in June 2023.

Table 5 - Human Resources
Function	Briefing
Recruitment	One position was externally advertised during the month of April: · Director Corporate & Community Services Employment offers were finalised for the positions of: · General Manager · Ganger · Property & Lands Coordinator · Childcare Educator (casual)
Human Resources	The Pulse ‘on-boarding’ system is now being used for new staff appointments to Council. The system is simple to use and will deliver efficiencies regarding Council’s new appointment and on-boarding processes. Work has commenced in preparing for the annual staff performance appraisal review process.

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

It is recommended that Council receive and note the briefing on services and activities within the Corporate and Community Services Directorate for April 2023 as detailed in this report.

Ordinary Council Meeting Agenda

24 May 2023

7.9 Infrastructure & Environmental Services Directorate Report May 2023

IP&R Linkage: Goal: Our infrastructure is well planned and maintained and will meet our needs now, and in the future

Strategy: Increase awareness of infrastructure responsibilities and costings.

Author: Nathan Skelly, Director Infrastructure and Environmental Services

Authoriser: Gary Murphy, General Manager

File Number: G2023/0122

Annexures: Nil

Recommendation

That Council:

1. Receive and note the Infrastructure & Environmental Services Directorate report for the month of May 2023.

Background

N/A

Issues and Commentary

Major Project Update

Werris Creek Industrial Precinct

Environmental Assessment works, including and Indigenous Heritage Assessment have been undertaken in the past month.

A final pavement design concept has been settled on which will provide for a lower cost and lower risk initial construction, whilst also providing a clear upgrade path into the future to extend the roads life.

The funding deed has been finalised for the $4.5m received under Fixing Country Roads. The total project value is now $13.646m.

Project Update

Infield Clubhouse

The building for the Infield Clubhouse is tracking on time with the walls, veranda frames, roof trusses, doors and windows installed. Works to install wall and roof sheeting are almost complete, with electrical works and plumbing planned to commence in the week ending 21/05/2023.

Plains Fitness Centre

The upgrade of the lower floor amenities at Plains Fitness Centre is progressing as planned. With plumbing, and internal walls installed, water proofing has been completed, and tiling works is currently being carried out.

This project is funded by a grant from NSW Stronger Country Communities (Round 4).

Milner Parade

Key stakeholders have reviewed the concept design prepared by Barnson Engineering Consulting of the Milner Parade Clubhouse and were pleased with the proposed layout and design of the building.

It is recommended that a Request for Tender is called for to provide Council with a cost estimate for the proposed design.

This project is funded by a grant from NSW Stronger Country Communities (Round 4).

Quirindi Aquatic Centre

GHD have been working on the concept design for the Aquatic Centre. A Planning Meeting was held on 2 May 2023 with the GHD Project Manager, LPSC Acting General Manager, Director of Infrastructure and Environmental Services, and LPSC Project Manager to define the area and scope of works requirements. The concept design will be used for stakeholder engagement and feedback to allow a reference design to be completed.

The next stage is for the Council to seek a contractor to deliver the work under a D&C Contract.

This project is funded by a $6.6m grant through the NSW Governments Resources for Regions

Quirindi Caravan Park

Smart Access Solutions are working with Council to install licence plate recognition boom gates to access the park. Installation has been held up due to supply chain issues but is expected to take place within the next couple of weeks.

Wallabadah Reservoir Tanks

The new roofs for the reservoir tanks at Wallabadah have arrived and a builder has been engaged to install the roofs. Unfortunately works to install the roofs have not commenced due to transport shortages and site access to get the roof from the works depot to the site. A solution has been sourced and works are planned to commence soon.

Fixing Country Bridges

Gate 3 payment claims for Fixing Country Bridges has been submitted to TfNSW for the design of modular bridges for Gurton Street and Bridge Creek Road. The design is well underway, and it is expected that the design will be completed at the end of May. The project is on track and planned to meet the milestones in the funding obligations.

This project is funded by a grant from NSW Fixing Country Bridges.

Wallabadah Street Lighting

Funding was awarded officially for the Wallabadah Street lighting project in February 2023.

Expressions of interest were sent out, received, and reviewed for the supply and installation of 6 solar powered streetlights in Wallabadah. Due to the cost-effective approach of the selected provider to carry out the works we have been able to increase the lighting for installation from 6 to 9 solar powered streetlights and 1 x communications tower, while still staying below the allocated budget. The works were awarded Amour Power and are planned to commence in late June.

This project is funded by a grant from NSW Stronger Country Communities (Round 5).

Longfield Oval Lighting

Funding was awarded officially for the Longfield Oval Lighting project in February 2023.

An Expression of Interest is being prepared to upgrade the lighting on Oval #1 by replacing the existing lights on the light poles from 5 to 6 luminaires per (existing) pole. For Oval #2, 5 x luminaires per pole is being installed by replacing the existing light poles with 4 new 25 m tall poles.

Additional to the lighting upgrade, the Council is seeking the installation of an electronic lighting software-based system with capabilities to switch the lights on or off from a mobile smartphone device.

Additional Research into the requirements is currently being undertaken before release of the RFT.

This project is funded by a grant from NSW Stronger Country Communities (Round 5)

Quirindi Jockey Club

Maintenance works have been completed at the Quirindi Showground / Jockey club to improve safety and the amenities on race days and for other user events. Works included repairs to pigeon netting in the grandstand, structural repairs to some of the public building facia boards, replacement of timber seating, paver brick placement repairs. Installation of water taps strategically placed along the outer fence of the race day tie up stalls has been awarded to a local contractor to commence as soon as possible between events. The planned upgrade to the members stands amenities has been put on hold after quotes identified the extent of the expenses and current budget constraints.

Station Street Upgrades

A contractor has been engaged to complete the Station Street upgrade works, which will include the installation of blisters on Dalley, Abbot and Station Street, additional signage to identify parking and traffic movement requirements and stormwater grates on the corners of Abbot and Dalley Streets.

Roads Update

Unsealed Roads

Unsealed road maintenance is continuing throughout the Shire by both maintenance graders and crews undertaking flood damage repairs works.

Sealed Roads

Due to the paveliner (jet patcher) being out of action with software issues, emphasis has been placed on utilising coldmix to control edgebreak and small areas of rutting. Heavy patching has been undertaken but being limited to smaller areas due to the paveliner not being available to provide the seal coat.

Regional Roads

Major maintenance has been carried out on regional roads as required.

Reseal Program

The 2022/2023 FY reseal program has been completed.

Repair Program

The repair program has been completed.

Fixing Local Roads

Approval has been received to undertake a further 2kms of rehabilitation on Moreduval Lane bringing the total rehabilitated length to 7.40kms or 55.2% of the road length.

The $2.92M, 17.1km of rehabilitation on Blackville Road will commence in September 2023.

The Regional and Local Roads Repair Program - Round 1 valued at $475,000 has commenced and funding must be expended by 31st December 2023.

The Regional and Local Roads Repair Program - Round 2 valued at $2.M has been submitted to Govt for approval. The program includes 17,250m2 of heavy patching and rehabilitation works on Regional Roads and 40,747m2 of heavy patching and rehabilitation works on local sealed roads. Works are required to be completed by 31^st December 2023.

Work on the resilience fund of $1M awarded to Council has commenced. To date a concrete causeway at Colly Blue on the Coonabarabran Road and side longitudinal drainage on Pandora Pass Road has been completed. This fund is to provide additional works over and above flood damage repair works to enable more resilience to road pavements during flood events. Fund to be expended by 31^st December 2023.

Local Roads & Community Infrastructure Funding

Drainage design at the eastern end of the Warrah Ridge Road at the Warrah Creek floodway is being finalised. Drainage works will include the installation of an additional culvert and longitudinal drainage. The 2km length of Warrah Ridge Road across the floodplain is to be rehabilitated with works to be completed by 30^th June 2023.

Roads to Recovery

The roads to recovery program have been completed with six unsealed roads totalling 45.1kms being resheeted.

Flood Damage

Flood damage repair works valued at $1.25M are ongoing with completion of these immediate works by 30^th June 2023. Essential Public Asset Repair works (EPAR) have been completed this year at a value of $1.45M. A further $1.4M is to be spent on the upgrading/replacement of 17 concrete causeways throughout the Shire. This work is to be completed by November 2025.

Funding of $612,000 has been approved for the replacement of the swinging bridge across Quirindi Creek. Contract documentation for the design and construction of a new bridge is underway. The tender will call for options for steel, concrete and suspension modules.

Kamilaroi Highway

A 1.03 km length of the western end Kamilaroi Highway has been completed. Drainage improvements to the Quirindi Creek crossing on the Kamilaroi Hwy has commenced and is expected to be completed by 30^th June 2023.

Parks & Gardens

Maintenance activities continue. Verge mowing has now ceased for the winter months.

Ongoing maintenance work activities are continuing at the Quirindi Showgrounds and racecourse.

Street cleaning has been increased in the town areas due to the autumn leaf fall.

Waste Management

Implementation of the Waste Management Strategy is progressing.

Tenders received for the construction of the new landfill at Willow Tree were rejected at Council’s April Council meeting. Separate discussions/negotiations have commenced with the two tenderers to determine a solution to reduce costs to match Council’s available budget. Revised solutions and costings are to be submitted by 19^th May 2023. To date discussions have been positive.

Remediation of the Werris Creek landfill is about to commence.

Operation of the rural and Werris Creek Waste Transfer Stations is working well with positive comments being forthcoming from the public.

Draft tender documentation for the operational management of the rural and Werris Creek Waste Transfer Stations has been completed and final review is underway.

Property and Assets

Pest Control

The planned pest control for Quirindi, Wallabadah, Willow Tree, Spring Ridge and Premer has been 90% completed as at 11 May 2023 and should be fully completed by 19 May 2023.

Fire Safety Equipment

The outlined deficits from the 6-monthly inspection undertaken during March 2023 are now being addressed and rectified. The contractor should commence the work shortly and it is anticipated that all items should be completed by the end of May.

Building Maintenance - General

Air-conditioner units have been identified in Council facilities and quotes are currently being obtained prior to the work commencing and it is anticipated that this will be finalised by next week, with work beginning soon after.

Staff members have been identified with the correct credentials for the tag and testing of Council assets and this should commence in early June 2023.

Staffing

Training for Council’s Asset Management System has been delayed for the interim, however it is anticipated that this training will be undertaken in June 2023.

The Coordinator Property and Lands position has now been filled and the officer commenced in early May 2023. As this area now has a full complement of staff, they are working hard on developing and introducing new processes and procedures that will hopefully allow a more pre-emptive system for all building maintenance matters.

Water and Sewer Revaluation

The methodology statement for this revaluation has been drafted and is currently being reviewed by relevant Council staff members. The commencement of the condition assessments is planned to begin by the date of this Council meeting and once this process has been completed, the document can be updated and sent for further reviews by the finance team before final presentation to the Auditors.

Water Services

Quipolly Dam and Old Quipolly Dam Safety Management

The dam failure consequence category assessment is currently being undertaken, the assessment will be ready for peer review in early June.

The intermediate (annual) Dams Safety Surveillance Inspection & Report is currently being undertaken and will be complete by the end of June 2023.

Spring Ridge Town Water Supply Upgrade

The construction of the pipeline will be completed during March.

The No. 1 Bore pump station construction RFQ is being reviewed.

Water Meter Validations

As part of NSW DPE’s Water Loss Reduction Project, work has commenced on validating a portion of Council’s customer meter fleet as well as the meters at each end of the pipeline to Willow Tree from Quirindi. The aim is to allow Council to minimise water and income loss.

Wastewater Manhole Condition Assessments

A detailed assessment of a portion of Council’s Wastewater Manhole network was undertaken in early May, the contractor is currently processing information collected in the field to present final reports to Council.

Wastewater Mains Rehabilitation Project

Work on this year’s wastewater mains rehabilitation program commenced in April and is continuing in May. The program included some challenging circumstances across the wastewater network including lines that had begun collapsing and manholes buried beneath yards and structures.

Environmental Services

Regulatory Approvals

The following approvals were issued during the month of April 2023. They were advertised on Council’s website in accordance with the provisions of Section 4.59 of the Environmental Planning & Assessment Act 1979 and Sections 97 and 161 of the Regulation.

Applic. No	Address	Land Title	Development	Determination
10.2023.18.1	6 Greentrees Drive Quirindi	Lot 17 DP 1091735	Swimming Pool	Approved Under Delegation
10.2023.16.1	276 Spains Lane Quirindi	Lot 221 DP 110505151	Dwelling	Approved Under Delegation
10.2023.15.1	22 Snape Street Quirindi	Lot 48 DP 1124793	Dwelling	Approved Under Delegation
10.2023.14.1	503 Wallabadah Road Wallabadah	Lot 2541 DP 1119169	Manufactured Dwelling	Approved Under Delegation
10.2023.12.1	86 Station Street Quirindi	Lot B DP 379251	Alterations & Additions to Existing Commercial Development & Inclusion of a Café.	Approved Under Delegation
10.2023.2.1	795 Lowes Creek Road Quipolly	Lot 1 DP 1155820	Dwelling & Temporary Occupation of Land	Approved Under Delegation
10.2023.8.1	10171 New England Highway Wallabadah	Lot 1 DP 196975	Subdivision	Approved Under Delegation
10.2023.3.1	30 Currabubula Road Currabubula	Lot 366 DP 751011	Shed	Approved Under Delegation
10.2023.7.1	129 Railway Parade Werris Creek	Lot 41 DP 1126436	Demolition of Heritage Item	Approved Under Delegation
10.2022.29.1	97 Loder Street Quirindi	Lot 4 DP 594124	Industrial Development	Approved Under Delegation
10.2022.10.1	108 Bulls Road Wallabadah	Lots 73 & 63 DP 755341, Lots 105, 99, 98, 97 & 96 DP 751014, Lots 26 & 27 DP 25540	Subdivision	Approved Under Delegation

Complying Development Applications

Applic. No	Address	Land Title	Development	Determination
16.2023.6.1	1594 Blackville Road Parraweena	Lot 13 DP 32626	Alterations & Additions to a Dwelling	Private Certification
16.2023.5.1	11 Morning View Close Quirindi	Lot 11 DP 1113162	Swimming Pool	Council Certification

The graphs below show the estimated cost of development approved up until 30 April 2023. This includes all development and complying approvals issued by Council and by way of private certification. It does not include any large infrastructure projects such as roads, rail, bridges, water and sewer scheme/improvements.

The information presented in this report is presented on the 2022/23 Calendar year data as we are currently in the later part of the financial year.

Strategic/Policy

Agritourism Changes to the NSW Planning System

Update on Council Resolution 2022/83 – Incorporation of the land uses of Agritourism Farm Experience and Farm Gate Premises into the Liverpool Plains Local Environmental Plan 2011.

The Department of Planning & Environment (DPE) have advised that the Agritourism Changes to the NSW Planning System commenced as of 1 December 2022. The necessary changes to Council’s Local Environmental Plan were to be made in February 2023. Advice has been received from DPE that these changes are to commence in on 17 May 2023.

The impact on Council will be that any new development proposals must meet the new and amended definitions. It also means the new land uses, ‘agritourism’, ‘farm experience premises’ and ‘farm gate premises’, will be permitted with consent in zones where ‘agriculture’ is permitted with consent. This is because these terms are sub-terms of ‘agriculture’.

Council Action: Nil

Contribution Plans

Update on Council Resolution 2022/210 - Section 7.11 Heavy Haulage Contribution. The Draft Plan was placed on public exhibition and several existing quarrying operators were notified and invited to review the Draft Plan. One submission has been received and this is discussed under a separate report to this meeting.

Commencement of Employment Zones within the NSW Planning System

Update on Council Resolution 2022/68 - The existing Business (B) and Industrial (IN) zones being replaced with five new employment zones and three supporting zones under Standard Instrument (Local Environmental Plans) Order 2006 (SI LEP Order).

Council Action: Planning staff have reviewed the LEP data, particularly checking the maps for errors. There were some minor errors which have now been corrected. Advice from DPE is that all mapping changes will commenced as of 26 April 2023.

All affected landowners were notified, as per the written advice from DPE. All potential land purchasers have been informed of the upcoming changes in their Section 10.7 Land Zoning Certificate required for any contract of sale.

LPSC Growth Management & Housing Strategy

The LPSC Growth Management & Housing Strategy has commenced with the consultants (Perception Planning) having met with Council staff this week. The project is currently in Phase 2 (Task 7 and 8).

The proposed program for the delivery of the project will be as follows unless an alternative program is submitted to and accepted by Council.

Phase 1 – Information Gathering

· Task 1 Inception Meeting – discussion of roles, communication lines, outline of project, discussion of resources and project emphasis.

· Task 2- Information review and data collection - investigate and document the existing planning context.

· Task 3 Supply and demand analysis - land supply based on existing permitted densities and potential for infill development, existing and projected housing demand, demographics and projected changes in the demographics, potential for inflow migration.

· Task 4 Existing Infrastructure - identify social, commercial, and physical infrastructure and capacity constraints.

Phase 2 – Preliminary Synthesis

· Task 5 Undertake constraints mapping – to identify preliminary potential candidate areas for urban expansion.

· Task 6 Identify infrastructure opportunities and constraints in respect of candidate areas and potential augmentation works

· Task 7 Identify cost benefit profile for different types of urban expansion in the different areas of the Shire for Council, service providers, the community and housing affordability.

Phase 3: Analysis

· Task 8 Identify and “firm up” draft growth options

· Task 9 Provide an analysis of the pros and cons of the draft growth options including the impact of any mitigation measures that can be economically delivered.

· Task 10 Investigate potential government & corporate partnerships/funding - liaising with a range of government and private service providers that have an interest in different types of housing to finance and/or facilitate the draft growth options.

Phase 4 – Preliminary Delivery

· Task 10 Present Draft Strategy to Council for review by way of Council workshop and formal report to an Ordinary Council meeting.

· Task 11 Undertake Public Exhibition in conjunction with Council

Phase 5 – Final Report

· Task 12 Present final Strategy based on exhibition submissions, comments and changes requested by Council.

Legislative and Policy Implications

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

Financial Implications

All works are undertaken within current budget allocations.

RISK Implications

Report is for Council information only.

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 May 2023

7.13 Proposed LEP Amendment - Reinforcment of Subdivision Minimum

IP&R Linkage: Goal: Our Council, community and business leaders work together effectively

Strategy: Provide systems and processes to identify and manage all risks of Council both operational and strategic

Author: David Kitson, Manager Planning and Regulation

Authoriser: Nathan Skelly, Director Infrastructure and Environmental Services

File Number: G2023/0004

Annexures: A. Proposed LEP Amendment ⇩

Recommendation

That Council resolve:

1. To endorse the determination of dwelling entitlements under clause 4.2A(3)(b) in the Liverpool Plains Local Environmental Plan 2011 in accordance with the legal opinion provided by Matthew Fraser, Independent Planning Law Barrister, dated 13 April 2023.

2. That Council prepare a Planning Proposal that amends clause 4.2A of the Liverpool Plains Local Environmental Plan 2011 generally in accordance with the terms of this report and the draft amendment as appended at Annexure A attached.

Background

A briefing was provided to Council on Monday 8 May 2023 regarding the implications of legal advice it had obtained in regard to the interpretation of clause 4.2A(3)(b) in the Liverpool Plains Local Environmental Plan (LP LEP 2011) that is one of a number of provisions that enable Council to approve dwellings on rural land.

Clause 4.2 (3)(b) provides that Council can approve a dwelling on “rural” land on:

(b)a lot created before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement,

The “lot created” has been interpreted to date as a lot that has received Council approval.

Legal advice from Matthew Fraser, Independent Planning Law Barrister, dated 13 April 2023 rejects this interpretation and indicates that Cl 4.2A(3)(b) operates in its terms, simply requiring two elements to be present:

• the lawful creation of a lot prior to the commencement of LP LEP 2011;

• that the erection of a dwelling house was permissible on that lot under the preceding planning regime.

The Legal advice confirms that lots are not created by Council approvals but by the registration process and that a Council subdivision approval is only one way in which the Land Titles Office is authorised to create lots.

This effectively means that an application can be made for a dwelling on:

· An “existing holding” as defined in the previous LEP that applied to the subject land, which is generally defined as “all adjoining and adjacent land in the same ownership” at the time the previous LEP was gazetted. The previous LEPs that operated over land now in the Liverpool Plains Shire prior to the gazettal of the LP LEP 2011 include:

o Murrurundi LEP 1993

o Parry LEP 1987

o Quirindi LEP 1991

o Gunnedah LEP 1998

o Nundle LEP 2000

· On the minimum lot size specified in the previous applicable LEP, which in some cases is less than the 200ha current minimum in the LP LEP 2011.

The legal advice makes the following Council planning decision of the past of no effect:

· The 5-year sunset clause on dwelling entitlement for “existing holdings” in the original gazetted LP LEP 2011.

· Amendment 7 to the LP LEP 2011 that removes the actual sunset clause and the defunct “existing holding” provision. This amendment included the introduction of the “dwelling opportunity map”, as a means of “picking up” those “existing holdings” that purportedly had lost their dwelling entitlement.

Issues and Commentary

Rural Planning Context

In the late 1960’s and early 1970’s the NSW Government introduced development controls for rural areas for subdivision and the erection of dwellings across the State. These controls were known as “Interim Development Orders” (IDO) and were created under the Local Government Act 1919 but were subsequently recognised as “deemed planning instruments” under the Environmental Planning & Assessment Act.

The aim of the IDO’s was to limit the fragmentation of rural land and the proliferation of dwellings and improvements that have no connection with agriculture. In addition to the general non-agricultural land use restrictions, there were minimum subdivision lot sizes specified and a restriction of one dwelling house per “property”.

The introduction of new planning restrictions is usually accompanied with transition provisions that “protect” the status quo for those existing situations that will become non-compliant under the new controls.

This applies especially to the erection of dwellings on “farms” that did not comply with the new minimum lot sizes for dwellings. Such properties were referred to as “existing holdings” and were defined as the area (either one or more lots) under the same ownership at the time the planning scheme was introduced. In many cases there was never an issue because the vast majority of existing holdings already had established dwellings.

LP LEP 2011

The formation of Liverpool Plain Shire has been a history of amalgamations of different LGAs, which all had different planning controls, including different subdivision minimums and dwelling controls.

The gazettal of the LP LEP 2011 on 9 December 2011 provided a single LEP over the whole Shire and repealed all the previous planning schemes as they applied to the Shire.

The LP LEP 2011 provided a specific transition provisions in clause 4.2A(6), which protected the pre-existing dwelling entitlements for properties that would no longer comply with the minimum lot size requirements. It also prevented multi-lot properties from obtaining a dwelling entitlement for each of the undersized lots within a property. These properties were known as “existing holdings” and were generally defined as “any lot including any adjoining land held in the same ownership, even if separated by a road or railway” as at the date of the previous applicable LEPs.

This protection was, however, the subject of a 5-year sunset clause in the LP LEP 2011, which expired on 9 December 2016. During this 5-year period owners could lodge a development application for a dwelling on an “existing holding”, however, it is apparent that many did not and there are properties that come to light, from time to time, that had lost its dwelling entitlement under this interpretation of the LEP.

The inclusion of the sunset clause would appear to have been a specific decision made by Council at the time the LP LEP 2011 was being drafted, as many Council have retained the “existing holding” dwelling entitlement provision. At present, 81 of the 104 non-metropolitan Council have LEPs that still recognise “existing holding” dwelling entitlements.

The expiry of the “existing holding” dwelling entitlement clause under the sunset provisions in the LP LEP 2011 clearly has created significant inequalities among rural landowners in conjunction with the past interpretation of clause 4.2A(3)(b) (having to be a Council approved lot).

A report was submitted to Council on 26 July 2017 proposing the reinstatement of the known dwelling entitlements that were lost, by showing them on a “development opportunity map” that was to be inserted into the LEP. This appears to have been an approach that was being encouraged at the time by the Department as a means by which dwelling entitlements associated with “existing holdings” that were lost could be reinstated.

Amendment 7 to the LP LEP 2011was gazetted on 13 April 2018 and provided that a dwelling could be erected on land shown on a newly introduced “Dwelling Opportunity Map”. The Amendment included 6 properties on this map, of which most were formerly “existing holdings”.

In hindsight, it would have been far more equitable to remove the sunset provision and recognise dwelling entitlements for all existing holdings, rather than reinstating the few known properties that had lost their dwelling entitlements on the newly inserted “Dwelling Opportunity Map”. This process put the onus on the landholders to be aware and make representation at the time. Under this alternative arrangement, subsequently discovered existing holdings would need to wait while an LEP amendment is undertaken to have dwelling entitlements reinstated. This is a potentially a significant impost on land owners that under Councils fees & charges would be liable for a minimum fee of $5,500 and be subject to the significant processing times associated with LEP amendments. It also needs to be acknowledged that there are already significant constraints on planning resources to undertake such amendments. There are insufficient resources to undertake a comprehensive list of all the properties that may have lost dwelling entitlements as a result of the removal of the “existing holdings” clause.

The legal advice on the correct interpretation of clause 4.2A(3)(b) effectively makes the insertion of the sunset clause for the existing holdings dwelling entitlement clause and the subsequent Amendment no. 7 to the LP LEP 2011 of not effect.

Department of Planning

The Department has been provided with a copy of legal opinion and a comprehensive file note that outlines the history and current issues (as outlined above).

The discussion involved recognising the legal advice and potential consequential amendment to the LEP such as:

· Dwelling entitlements for existing holdings be recognised and the definition be reinstated into the LEP so that there is not a reliance on the previous LEP. This is not actually needed but would allow for a more comprehensive and better drafting of the clause to address other issues.

· Remove the ability of dwellings to be approved on 40ha lots within that part of the Shire that was formerly the subject of the Murrurundi LEP, which is inconsistent with the existing 200ha subdivision minimum.

The Department in its advice dated 15 May 2023 indicates:

· It does not support, what it considers to be the reintroduction of dwelling entitlements for “existing holdings” in the LP LEP.

· Its “strongly recommended”, that if Council wishes to reinstate dwelling entitlements for “existing holdings”, it should address them via the existing “Dwelling Opportunity Map”.

· That any amendments to the LEP should be considered via the Growth Management & Housing Strategy.

Proposed Amendment

Having regard to the legal opinion and the Department of Planning’s advice, it is considered that any changes to the LEP to remove dwelling entitlements for “existing holdings” should generally be considered as part of the Growth Management & Housing Strategy.

However, it is recommended that Council resolve to prepare an amendment to remove the potential for dwellings on lots based on a minimum lot size under previous LEPs where the lot size is below the current LEP 200ha subdivision minimum.

Legislative and Policy Implications

The Legal opinion has confirmed dwelling entitlements for “existing holdings” that were thought to be lost with original LEP sunset clause. Council may need to review dwelling entitlement advise that it has issued in the past, to ensure that it is consistent with the legal opinion.

The amendment to an LEP requires an initial resolution of Council to prepare a planning proposal and thereafter submitted it to the Department of Planning for a gateway determination.

The preparation of a draft plan to the amend the LEP does provides some grounds for making decisions that are consistent with the draft plan.

Financial Implications

The proposed changes will not have any direct impact to the current budget.

RISK Implications

There is a definite risk of litigation where Council does not follow the legal advice provided. There are no identifiable risks associated with the proposed LEP amendment, except that it may reduce the potential for litigation relating to disagreements about how some provisions are interpreted.

Community Consultation

Under the EP&A Act an LEP amendment will need to be exhibited for public comment

Conclusion

The legal opinion obtained provides guidance on how Clause 4.2A needs to be interpreted. There is a need to review this clause as part of the Growth Management & Housing Strategy to determine the merits of whether the existing holding dwelling entitlement should continue (as per the legal opinion) or whether the LEP should be amended to conform to the Department of Planning’s preferred “dwelling opportunity map” approach.

Notwithstanding the proposal to postpone the review of the existing holding issue for consideration with the GMHS, there is an urgent need to amend the LEP in respect of the existing ability (as confirmed by the legal opinion) for approval to be given for dwellings on lots that conform with the previous 40 ha minimum under the former Murrurundi LEP. This avenue for a dwelling approval needs to be removed if the 200 ha subdivision minimum under the LEP is to be preserved.

It proposed that the recommended amendments be pursued via a planning proposal.

Ordinary Council Meeting Agenda

24 May 2023

7.14 Quipolly water project construction progress report

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

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

Author: Rodney Batterham, Manager Water Services

Authoriser: Nathan Skelly, Director Infrastructure and Environmental Services

File Number: G2023/0128

Annexures: A. Apr 23 QWP App A PM monthly report ⇩

B. Apr 23 QWP App B PM Financial Reports - CONFIDENTIAL - Closed

C. Apr 23 QWP App C Risk and Opportunity Register - CONFIDENTIAL - Closed

Recommendation

That Council:

1. Receive and note this month’s progress of the Quipolly Water Project’s design and construction phases.

Background

The Quipolly Water Project (QWP) represents the largest ever capital works project for Council and is provided to;

• Diversify water supply and build drought resilience

• Future proof infrastructure with increased capacity of water supply enabling growth

• Improve water quality consistency and compliance

• Replace existing aged and inadequate infrastructure

• Improve reliability

Council’s long-term Regional Water Supply strategy has entered the final stage with the most integral component, the design and construction phase of Quipolly Water Project.

Issues and Commentary

During April the focus of continued installation of the treated water tank, mechanical fit outs, equipment installation, building fit outs, buried pipework and electrical works continued.

The following concrete works have now been completed:

Ozone and Biological Activated Carbon tank – Topping slab installed to Ozone Contact Tank, completing concrete work at this structure

Biological Activated Carbon tank pipe gallery – Walls poured, completing concrete works at this part of the structure

Treated Water Storage Tank – Base slab poured and first lift of walls ready for concrete

Miscellaneous concrete landings and footings poured for multiple structures

The following mechanical installation works have been undertaken:

Dissolved Air Flotation – 90% of installation complete including platforms, walkways, internal pipework, mechanical items and building framework and cladding now installed

Inclined Plate Settlement Tank – 70% of mechanical fit-out complete, platforms, walkways, and pipework complete, ready for installation of the inclined plate cassettes.

Biological Activated Carbon Tank – Installation of internal and external pipework progressed

Ozone contact tank – Ozone destructors and awning placed

Backwash supply tank – Roof and hatch installation 90% complete

UV process equipment continued installation

Electrical works have continued site wide with cable trays and cables being installed into buildings in preparation for the installation of mechanical items. Installation of electrical conduits and pits also continued site wide.

In April, there continued to be a focus on the installation of buried process pipework across the site with approximately 80% of this work now complete. It is expected that this work will be completed during May.

Within the control building, cabinetry was installed for the laboratory, control room and lunch/meeting room.

100% of the network pipelines have now been constructed taking the total installed length to 18.5 kilometres.

During April the specialist pipeline sub-contractor filled the pipelines with water and successfully completed pressure testing.

Internal works have continued at the Raw Water Pump Station with the completion of the building works, Electrical and mechanical fit out of the pump station commenced in April with the installation of the compressors for the destratification system that will aerate the dam.

Internal pipework within the Raw Water Pump Station commenced installation during April.

Following is the project dashboard for April 2023.

Project health assessment
= on track & managed in accordance with Project Plan.		= risks materialising & requiring management but under control.	= issues are arising which will materially affect project outcome
Aspect of project	Key summary comment of developments this month
Overall project	§ Construction of the WTP continued with good progress made on reinforced concrete on multiple structures, building fit out, electrical works and mechanical fit-out and equipment installation occurred for multiple process units. § Shop & fabrication drawing packages continued to be reviewed & to enable the fabrication and supply of vendor equipment to commence. Vendor equipment and fabricated steel items continued to be delivered to site & installed.
Scope	§ LPSC approved the addition of permanent backup generators at the WTP & RWPS. These will increase water supply resilience for the community. § Safety & access improvements were added to the scope for the existing dam access tunnel. This will improve operator safety for routine inspections. § The project group continue to review a number of options for optimising the project scope to further benefit LPSC. A number of variation proposal requests were made during April and are being considered by the Principal.
Quality	§ Generally the quality of works onsite is good and is being continuously monitored by the Principal during construction. § Rectifiable defects being identified early and progressively rectified.
Procurement & Governance	§ Contract administration tasks continuing as required under the agreed governance framework. § Co-operative relationship maintained with contractor & design team.
Time	§ No wet weather days occurred in April. § During April Gongues submitted a EoT claim for delays associated with COVID-19 and its ongoing market supply impacts. This is currently being reviewed. § Final contractual completion date is 11 September 2023 however with claimed EoT, completion would be in December 2023.
Cost	§ Budget forecasts have been reviewed in April and updates made to forecast expenditure against contingent items. § Extended program will increase project management and site surveillance costs to the Principal, however, forecasts remain within budget.
Risk	§ Power supply at North Quirindi resolved. Proceeding with modified mains power connection method. § Risk register updated.
Resource	§ The project management team is adequately resourced. § Principal’s site surveillance team has continued site inspections.
Stakeholder & communications	§ Weekly construction management meetings and monthly contract meetings being held between the Contractor, LPSC and Hunter H2O. Good communication being upheld between all parties. § Ongoing community consultation undertaken by the Contractor with affected residents.

Legislative and Policy Implications

No items to report.

Financial Implications

Expenditure on the contract for April 2023 was $1,749,729 excluding GST. Cumulative expenditure to date on the project (construction and project management) is $26,793,342 excluding GST, representing 74% of the forecast budget.

Liverpool Plains LGA Local Supplier monthly expenditure for March 2023 was $307,460, with a project total to date of $2,726,891.

RISK Implications

The current Project Risk register has been updated with risks, such as cost escalations and supply chain delays, which is continually monitored.

As anticipated last report, the contractor has outlined cumulative impacts which will impact the program and completion date for the project to now forecast to the end of December 2023.

As discussed last report, it is recognised that all reasonable mitigations for the prevention of this risk having been undertaken by the contractor.

A solution for the change in rules by Essential Energy to facilitate electrical connection to the Quirindi Northern Reservoir site has been derived with no impact on commissioning timeframes envisaged for this aspect of work now.

Community Consultation

No new complaints have been received during April.

Conclusion

Overall project health is assessed as ‘On Track’ at this stage, with an emerging risk of Time extension currently being managed.

Ordinary Council Meeting Agenda

24 May 2023

7.17 Development Application - Cotton Gin (Staged) - 5387 Coonabarabran Road Colly Blue

File Number: G2023/0133

Author: Elizabeth Cumming, Town Planner

Authoriser: Nathan Skelly, Director Infrastructure and Environmental Services

Annexures: A. Development Assessment - 10.2023.1.1_Redacted ⇩

B. Statement of Environmental Effects ⇩

C. Submission 1 ⇩

D. Submission 2 ⇩

E. Site Plan - 10.2023.1.1 ⇩

Recommendation

That Council grant development consent to Development Application 2023/001 pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979 subject to conditions in Schedule 1.

Background

A development application has been submitted for a cotton gin (staged) by JS Davies on behalf of Agri Hub Pty Ltd on Lot 1632 DP 801779 on land known as 5387 Coonabarabran Road Colly Blue.

Public consultation was carried out as per the provisions of the Liverpool Plains Shire Council Community Engagement & Participation Plan 2019 with two submissions being raised. Neither submission was an objection, but one did raise concerns in regards to traffic safety.

This report is to consider the merits of the application.

PROPOSED DEVELOPMENT

The proposed development is a cotton gin with a capacity not to exceed 30,000 tonnes per annum. The purpose of the project is to establish a successful, enduring, cotton ginning business servicing the needs of local cotton growers and supplying cotton seed to nearby feedlots

The stages of the development are

· North Module Storage,

· Shed,

· Gin, and

· South Module Storage.

The sequence of the stages is in the order above, except the South Module Storage stage could be developed concurrently with, or subsequently to, the Shed or Gin stages. The purpose of the staging is to allow construction and occupation certificates to be issued progressively for each stage.

North Module Storage

The initial North Module Storage stage provides temporary storage of cotton modules off-farm. North Module Storage has capacity of 5,880 round modules (approximately 13,500 tonnes of seed cotton).

Modules which remain on the farm in the fields can be damaged from rain and poor drainage. Their presence in the fields inhibits farm operations on the ground they occupy. The usual reason that modules remain in the field is that there is insufficient room or capacity at gins for their immediate acceptance, especially during the peak picking period of good seasons.

Agri Hub aims to accept cotton modules into the North Module Storage Area before construction of the gin is completed. The cotton modules will be ginned when the Gin stage is completed, or transferred to another gin operated by the proponent’s owners if the Gin stage completion is delayed. This strategy reduces the project’s business risk.

The physical facilities to be constructed include:

· a two lane, two way crossover from the Wandobah Road carriageway across Council’s road reserve into the property,

· a 14.7 hectare module pad,

· 900m of formed internal roads of 10m nominal width,

· earthworks for module pad and road drainage and a 3,000m³ sediment capture dam, a shipping container site hut, parking for 3 vehicles and a portaloo.

Shed Stage

The purpose of the Shed stage is to create a building which will be used for product storage (seed and cotton bales) when the entire development is completed, and which facilitates construction of the Gin stage in the meantime. Shed has capacity of 10,000 bales of cotton or alternatively 1,250 tonnes of seed (and proportional capacities of mixed inventories of bales and seed). The staged sequence reduces the project’s construction risk.

The physical facilities to be constructed include:

· a 2,000m² clear span, skillion roof, NCC class 8 building, a weighbridge,

· a 150m² NCC class 6 office/amenities building constructed to BAL-12.9 standard with parking for 10 vehicles,

· a septic waste water system and infiltration pit for 20 people,

· a 600kl fire water tank and fittings and a 600kl general water storage tank, 1km of internal roads to/from the shed and more earthworks for drainage.

Gin Stage

At 30,000 tonnes of modules per annum the gin would produce approximately 50,000 bales of cotton and 15,000 tonnes of seed each year. (At a ginning rate of 40 bph, 50,000 bales requires 1,250 operating hours.)

The physical facilities to be constructed include:

· a 2,500m² clear span, skillion roof, NCC class 8 cotton gin building, with a.240m² “lean to” ancillary structure for leaf & stick despatch,

· a second weighbridge,

· parking for an additional 15 vehicles, a 350m² NCC class 8 stores building,

· a second 600kl fire water tank and two more 600kl general water tanks, roof top solar panels.

South Storage Module

The South Module Storage stage augments module storage up to the project’s full 30,000 tonne capacity. The South module storage has capacity of 7,240 round modules (approximately 16,500 tonnes of seed cotton). It may take some time for the customer base to grow to this extent. Having a separate stage for the last of the module storage reduces the project’s business risk.

The physical facilities to be constructed include:

· a 18.1ha module pad,

· 300m further extension to the internal road network and more earthworks for drainage.

Operation Season

The proposed development would actively receive cotton modules for approximately three months of the year, normally from mid March. The ginning season is normally for about four to five months from April. Products are despatched during this time and inventories are depleted quickly after ginning ceases each year. Outside these periods maintenance is undertaken by permanent employees.

Hours of Operation

The module storage yards would receive cotton modules from 6:00 to 18:00 daily. The gin would operate up to 24 hours per day. There is a heavy bias towards daylight hours for product despatch. Outside the operating season the hours are normally 7:00 up to 17:00 on weekdays. Occasionally weekend overtime is worked.

Employees

Module storage requires 3 people on average. In round the clock production ginning employs a team of people on shifts, about 20 in aggregate. During the off-season about 6 people are employed.

Issues and Commentary

The subject land is RU1 Primary Production under the Liverpool Plains Local Environmental Plan 2011 (LPLEP 2011).

The subject land is classified as bush fire prone land though not 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.

Two submissions (attached to this report) were submitted after public consultation was carried out. Neither had objections, though one raised concerns regarding traffic safety.

The engineering assessment showed no issue that could not be addressed by the use of appropriate conditioning.

A detailed Assessment Report has been undertaken in accordance with assessment framework under the Environmental Planning and Assessment Act 1979, which indicates the proposal complies with, and/or, is consistent with planning policies and requirements.

Legislative and Policy Implications

Consideration under the provisions of the Community Engagement & Participation Plan 2019, Liverpool Plains Development Control Plan 2012, Liverpool Plains Local Environmental Plan 2011, and the Environmental Planning and Assessment Act 1979 has been undertaken.

Financial Implications

There are no financial considerations to report at this time.

RISK Implications

There are no risk implications associated with the proposed development.

Community Consultation

Community consultation was carried out for this proposed development. Neighbour notification was carried out between 25 January 2023 and 5 February 2023. An extension was given for 1 submission maker to respond. A notice was also placed in the Quirindi Advocate, on Council’s webpage and through Council’s social media.

Conclusion

The development is a major rural development. With the use of appropriate conditioning, there is no reason as to why this development cannot be approved.

All heads of consideration detailed under Section 4.15C of the Environmental Planning and Assessment Act 1979 have been considered in the Assessment Report, which confirms that the proposed development is permissible with development consent and complies with the provisions of the Liverpool Plains Local Environmental Plan 2011.

The attached Assessment Report indicates that there are no significant planning matters that would warrant the refusal of the subject application and that all issues are capable of being addressed via the imposition of appropriate conditions in a development consent

Therefore, it is recommended that Council approve DA 2023/001 subject to the recommended conditions of development consent included as Schedule 1 as follows:

SCHEDULE 1:

CONDITIONS OF DEVELOPMENT CONSENT – DA 2023/001

TERMS OF CONSENT:

Relevant Prescribed Conditions (under the Environmental Planning and Assessment Regulation 2021)

1.	All works are to comply with all relevant prescribed conditions of development consent under Part 4, Division 2 of the Environmental Planning & Assessment Regulation 2021.

General

2.	This is a staged approval consisting of the following named stages: · North Module Storage stage, · Shed stage, · Gin stage, South Module Storage stage.
3.	The development shall be implemented in accordance with: (a) All documentation and correspondence submitted by the applicant, or their agents, in support of the Development Application, (b) the details set out on the plans approved and stamped by authorised officers of Council, except as amended by the conditions of this development consent. Note: Any proposal to modify the terms or conditions of this consent, whilst still maintaining substantially the same development to that approved, will require the submission of a formal application under Section 4.55 of the Environmental Planning and Assessment Act 1979 for Council's consideration. If amendments to the design result in the development not remaining substantially the same as that approved by this consent, a new development Application will have to be submitted to Council.
4.	A copy of all stamped approved plans, specifications and documents must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority.
5.	All detail regarding any proposed and future signage is to be submitted to Council for approval prior its erection.
6.	All management recommendations contained within the Statement of Environmental Effects by GJ Meares dated 15.12.2022 are to be complied with. This includes all reports prepared by others included as Appendices.
7.	A Construction Certificate must be obtained for each stage.

Conditions to be Completed Prior to Construction Commencing

8.	A Construction Certificate must be obtained, in accordance with the Environmental Planning and Assessment Regulation 2021, before work commences.
9.	Council is to be given written notice of the intention to commence works and the appointment of a Principal Certifier (if the PC is not Council) at least two days before the proposed date of commencement, in accordance with the Environmental Planning and Assessment Regulation 2000. Such notice is given using the form enclosed with this consent. Should Council be appointed the Principal Certifier, the applicant must give at least 2 days’ notice to enable inspections to be undertaken.
10.	Before construction commences on the site and throughout the construction phase of the development, erosion control measures are to be installed to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows: · divert uncontaminated run-off around cleared or disturbed areas, · erect a silt fence to prevent debris escaping into drainage systems or waterways, · prevent tracking of sediment by vehicles onto roads, · stock pile topsoil, excavated material, construction and landscaping supplies and debris within the site.
11.	A hoarding or fence must be erected between the work site and any public place if the work is likely to cause traffic (pedestrian or vehicular) in a public place to be obstructed or otherwise inconvenience. The erected hoarding is to be sufficient to prevent any substance from or in connection with the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. The hoarding, fence or awning is to be removed once the work has been completed.
12.	Approval to carry out work on the in the road reserve for any access construction/upgrade, must be obtained, in accordance with section 138 of the Roads Act 1993, before works commence.
13.	Approval to carry out internal water and sewer, and stormwater work must be obtained, in accordance with section 68 of the Local Government Act 1993, before works commence for the Shed and Gin stages.
14.	Approval to install existing onsite sewerage management system must be obtained, in accordance with section 68 of the Local Government Act 1993, before works commence for the Shed and Gin stages.
15.	A Contribution is to be paid as per the requirements of the Liverpool Plains Contribution Plan 2012. This will equate to 1% of the estimated cost of development.
16.	A waste management plan identifying how waste generated from the site will be stored, collected, transported, and disposed of in an environmentally responsible manner must be prepared to the satisfaction of the Council
17.	A stormwater management plan detailing how stormwater will be managed and discharged from the site must be prepared to the satisfaction of the Council.
18.	A report will need to be provided to Council by a suitably accredited Fire Engineer, showing the National Construction Code compliance and with the relevant Australian Standards, detailing the exact works to be undertaken, including a Proposed Fire Safety Schedule for the whole building.
19.	As per the recommendation of the Bush Fire Assessment, written advice is to be received by Council as to which building is to be nominated to be constructed to a Bushfire Attack Level of BAL12.5. The construction plans for this building are to demonstrate compliance with the BAL 12.5 provisions under the Building Code of Australia.
20.	Design plans for the access crossing are to be submitted and approved by Council. It is to consist of a 2 lane driveway suitable for access by B-Double from the edge of Wandobah Road. It is to be recessed into the property for 35 metres to allow a B Double to stop prior to entering Wandobah Road.
21.	Prior to either the North or South Module Stage, the intersection of Wandobah and Coonabarabran Roads is to be upgraded to improve traffic safety and flow in the area. The design plans for the upgrade must meet Austroads requirements and are to be to a BAR/BAL standard. They are to be submitted to and approved by Council.
22.	Prior to the Gin stage, Wandobah Road must be bitumen sealed from Coonabarabran Road to the entrance of the development. The design plans are to be submitted to and approved by Council.

Conditions to be Completed During Construction

23.	The owner of the property is to ensure that any building is constructed: (a) to meet the setback requirements of the approved plans, (b) to be located within the confines of the lot, and; (c) so that it does not interfere with any easements or covenants upon the land.
24.	Any building work must be carried out between 7.00am and 5.00pm Monday to Friday and 8.00am to 1.00pm Saturdays, excluding Sundays and public holidays. No audible construction is to take place outside these hours, to maintain the amenity of the locality.
25.	A garbage receptacle must be provided at the work site before works begin and must be maintained until works are completed. The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.
26.	Waste materials (including excavation, demolition and construction waste materials) must be managed on the site (and must not be burned on site) and then disposed of at a waste management facility, to protect the amenity of the area and avoid the potential of air pollution.
27.	Effective dust control measures are to be maintained during construction to maintain public safety/amenity. Construction activities are to be undertaken so as not to inconvenience the adjoining land owners and are to be restricted solely to the subject site.
28.	Any run-off and erosion control measures required must be maintained within their operating capacity until the completion of the works to prevent debris escaping from the site into drainage systems, waterways, adjoining properties and roads.
29.	No material or equipment associated with the development is to be placed on public land without the written consent of the Council, and any activity located in close proximity to public areas is to be fenced to prevent damage to persons or property.
30.	Any earthworks (including any structural support or other related structure for the purposes of the development): a) must not cause a danger to life or property or damage to any adjoining building or structure on the lot or to any building or structure on any adjoining lot, and b) must not redirect the flow of any surface or ground water or cause sediment to be transported onto an adjoining property, and c) that is fill brought to the site—must contain only virgin excavated natural material (VENM) as defined in Part 3 of Schedule 1 to the Protection of the Environment Operations Act 1997, and d) that is excavated soil to be removed from the site—must be disposed of in accordance with any requirements under the Protection of the Environment Operations (Waste) Regulation 2005. Any excavation must be carried out in accordance with Excavation Work: Code of Practice (ISBN 978-0-642-785442), published in July 2012 by Safe Work Australia.
31.	If, during the course of any activities conducted under this consent, the Applicant becomes aware of any heritage or archaeological sites not previously identified, all work likely to affect the site shall cease immediately. The Applicant shall then consult with relevant authorities and decide on an appropriate course of action prior to recommencement of work. The relevant authorities may include NSW Office of Environment & Heritage and the relevant local Aboriginal Lands Council. Any necessary permits or consents shall be obtained and complied with prior to recommencement of work.

Conditions to be Completed Prior to Occupation/Use Commencing

32.	Occupancy of the building is not to take place until the Principal Certifier has carried out a final inspection and an Occupation Certificate issued. All required trade certifications are to be available to the Principal Certifier before the final inspection will be carried out.
33.	Occupancy of the building is not to take place until the Principal Certifying Authority has carried out a final inspection, an Occupation Certificate issued and a Fire Safety Schedule has been provided to Council for the Shed and Gin stages.
34.	At the completion of the works, the work site must be left clear of waste and debris.
35.	The existing landscaping is to be expanded upon where possible, with drought tolerant and frost hardy species. The location and type is to be to the satisfaction of the Principal Certifying Authority.
36.	Occupancy of the building is not to take place until an inspection is to be carried out of the kitchen and bar area by the Council Health Inspector to ensure compliance with the NSW Food Authority Standards and any relevant Australian Standard.
37.	An access crossing is to be constructed to a standard approved by Council at the applicant’s expense. It is to consist of a 2 lane driveway suitable for access by B-Double from the edge of Wandobah Road to the property boundary. It is to consist of all-weather paving, with a full bitumen seal upgrade being required at the Gin stage. The access is not to block an existing drainage channel, with all water to be drained in a manner that facilitates effective drainage of water. It is to be constructed from the back of the kerb to the boundary line. A dial before you dig (DBYD) must be completed prior to commencing works. Council cannot guarantee the location of services, additionally Council is not responsible if services are encountered while constructing this access.
38.	The construction works relating to the upgrade to the intersection of Wandobah and Coonabarabran Roads to must be completed to a standard approved by Council.
39.	Prior to the Gin stage, Wandobah Road must be bitumen sealed from Coonabarabran Road to the entrance of the development to a standard approved by Council.
40.	A sign is to be erected at the front entrance listing and after hours emergency contact pone number.

Conditions Relating to Ongoing Operations

41.	A further application is to be made for any change, enlargement or intensification of the premises or land use, including the display / erection of any new structure such as signage, partition walls or building fit-out (unless the proposed work is exempt from the need for consent under State Environmental Planning Policy (Codes SEPP) 2008).
42.	There is to be no increase in stormwater discharge from the site at any time.
43.	The applicant must keep a legible record of all complaints made to the developer or any employee or agent of the developer in relation to dust or any activity to which this development consent relates. The record must include details of the following: a) the date and time of the complaint; b) the method by which the complaint was made; c) any personal details of the complainant which were provided by the complainant or, if no such details were provided, a note to that effect; d) the nature of the complaint; e) the action taken by the developer in relation to the complaint, including any follow-up contact with the complainant; and f) if no action was taken by the developer, the reasons why no action was taken. The record of a complaint must be kept for at least three (3) years after the complaint was made. Records of complaints must be produced on demand to authorised officers of Council or State Government authorities
44.	The applicant or its employees must notify Council of incidents causing or threatening material harm to the environment as soon as practical after a person becomes aware of an incident. Notifications must be made by telephoning Council. The applicant must provide written details of the notification to Council within 7 days of the date on which the incident occurred.
45.	The use and occupation of the site including that of construction plant and equipment being installed thereon, shall not give rise to any offensive noise or vibration within the meaning of the Protection of the Environment Operations Act, 1997.

Council Advice Only

46.	Covenant/s: The applicant / owner has the responsibility of being aware of any covenant which may affect the proposal.
47.	Dial Before You Dig: Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial Before You Dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial Before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial Before You Dig service in advance of any construction or planning activities.
48.	Telecommunications Act 1997 (Commonwealth); Telstra (and its authorized contractors) are the only companies that are permitted to conduct works on Telstra’s network and assets. Any person interfering with a facility or installation owned by Telstra is committing an offence under the Criminal Code Act 1995 (Cth) and is liable for prosecution. Furthermore, damage to Telstra’s infrastructure may result in interruption to the provision of essential services and significant costs. If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact Telstra’s Network Integrity Team on phone number 1800 810 443.

Reasons for Conditions

1.	To confirm and clarify the terms of Council’s approval.
2.	To comply with all relevant legislation.
3.	So that the impacts of any increase in the scale or duration of operations may be assessed and appropriately controlled in accordance with the Environmental Planning and Assessment Regulation 2021, as amended.
4.	To prevent and/or minimise the likelihood of environmental harm and public nuisance.
5.	To ensure the rehabilitation of the site.
6.	To minimise the potential for adverse impacts on the environment or public as a result of the development.
7.	To ensure waste is disposed of in an appropriate manner.
8.	To ensure that public infrastructure is maintained.
9.	To minimise the potential for detrimental impacts to buildings or neighbouring properties.
10.	To ensure that any National Construction Code issues are resolved prior to Construction Certificate assessment, including the peer review by an independent Accredited Certifier for alternate or performance solutions.


Business Paper Ordinary Council Meeting Wednesday, 24 May 2023
I hereby give notice that an Ordinary Meeting of Council will be held on:
Date:	Wednesday, 24 May 2023
Time:	2:30PM
Location:	Council Chambers
Gary Murphy General Manager

Actions and Functions / Events attended by the Mayor – March 2023
01/04/2023	Briefing with Acting General Manager at least weekly
05/04/2023	Walhallow Public School Anzac Day address
06/04/2023	Transport for NSW – Liverpool Plains Risk Assessment
07/04/2023	FM 88.9 radio interview
11/04/2023	Northern Daily Leader interview
11/04/2023	Prime 7 television interview
14/04/2023	FM 88.9 radio interview
15/04/2023	Channel 9 television interview
15/04/2023	Random Art Willow Tree Art Exhibition
20/04/2023	Presentation of Certificates to Tech Savvy Seniors participants – Werris Creek Library
20/04/2023	Meeting with Mr Barnaby Joyce
20/04/2023	Presentation of Certificates to Tech Savvy Seniors participants – Quirindi Library
21/04/2023	FM 88.9 radio interview
21/04/2023	Attendance and opening of Eloura Open Day
24/04/2023	Eloura Anzac Day address on behalf of the Council
28/04/2023	FM 88.9 radio interview

*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.	8
	TOTAL	16

Tender price	60%
Referees	10%
Quality Assurance	5%
WH & S	10%
Ecologically Sustainable Development (ESD)	5%
Local Supplier Preference	5%
Physical Resources	5%