dungog shire council · 2018. 9. 12. · page 3 dungog shire council ordinary meeting agenda 19...

DUNGOG SHIRE COUNCIL

ORDINARY COUNCIL MEETING 19 SEPTEMBER 2018

ORDER OF BUSINESS

1. Acknowledgement of Country

2. Apologies

3. Declaration of Interests

4. Confirmation of the Minutes

5. Matters Arising from the Minutes

6. Prayer

7. Ode

8. Mayoral Minute

9. Public Access Session

10. General Manager's Reports by Department

11. Reports from Committees and Outside Organisations

12. Councillor Reports

13. Notices of Motion

14. Questions With Notice

15. Business of an Urgent Nature which the Council may, by resolution, decide to discuss

16. Closed Council (Confidential Matters)

17. Resumption of Open Council

Coralie Nichols GENERAL MANAGER

Dungog Shire Council Ordinary Meeting Agenda 19 September 2018

MAYORAL MINUTE

1. NSW COUNTRY MAYORS ASSOCIATION MEETING - 3 AUGUST 2018

FILE NO: EF18/30

ANNEXURES: A Minutes of Meeting held 3 August 2018

AUTHOR: The Mayor

COMMUNITY STRATEGIC PLAN:

Council Governance and Finance

DELIVERY PROGRAM: Council will advocate for the communities by actively pursuing constructive relationships with other spheres of government.

MOTION: That the report be received and the information noted. Precis: The purpose of this report is to provide Council with an update from the Country Mayors Association meeting held at NSW Parliament House on 3 August, 2018.

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Dungog Shire Council’s General Manager Coralie Nichols and I attended the Country Mayors Association meeting at Parliament House on 3 August 2018, as well as a networking dinner with Mayors and General Managers the previous evening. The group gathers four times a year to discuss matters that are relevant and unique to rural and regional councils. 52 councils were represented at this meeting. As usual the dinner gave us the opportunity to meet various mayors and general managers and we had an opportunity to meet members of the NSW Regional Infrastructure Coordinator’s team. We were addressed at the meeting by NSW Premier and Member for Willoughby Ms. Gladys Berejiklian, Deputy Premier and Member for Monaro, Mr. John Barilaro and Tenterfield Shire CEO, Mr. Terry Dodds. Meeting minutes are attached. At the meeting I had the opportunity from the floor to ask the Deputy Premier a question in relation to the impost that 50:50 co-funding puts on small rural councils such as Dungog. In response, the Deputy Premier advised that that the NSW Government understood the difficulty Dungog Shire Council faced over this and indicated that as the Minister for Regional NSW he was further considering this funding model. In answering my question, the Deputy Premier also advised that he was well aware of the array of difficulties that Dungog Shire Council was experiencing as a result of amalgamation proposals and he expressed a willingness to visit Dungog and meet with the Council to discuss this further. The meeting was also briefed by the CEO of Tenterfield Council, Mr. Terry Dodds, on the topic of Waste to Energy and the benefits that such a project may bring to resolve issues around waste and electricity supply. Tenterfield Council is working with the New England


Joint Organisation on a feasibility study however Mr. Dodds acknowledged difficulties working within current NSW legislation and State Government departments and agencies. While there was some concern expressed regarding the lack of knowledge around the environmental consequences and emissions of such a scheme, the Country Mayors in attendance at the meeting showed in principle support for further investigations into the feasibility of such a scheme and a support for a workshop with stakeholders and the NSW Office of Regional Infrastructure. IMPLICATIONS Finance and Resourcing The annual cost of membership is $562.50. This membership cost is included in the existing 2018/2019 budget adopted by Council. Previous Council Resolutions 20 December 2017 Minute No. 37606 A MOTION was moved by Cr Norman that Dungog Shire Council join the Country Mayors Association and maintain an annual membership.


ANNEXURE ‘A’

Country Mayors Association of NEW SOUTH WALES

Chairperson: Cr Katrina Humphries

PO Box 420 Moree NSW 2400 02 6757 3222

ABN 92 803 490 533

MINUTES

GENERAL MEETING FRIDAY, 3 AUGUST 2018 PRESTON STANLEY ROOM, PARLIAMENT HOUSE, SYDNEY The meeting opened at 9.00 a.m. 1. ATTENDANCE:

Albury City Council, Cr Kevin Mack, Mayor Albury City Council, Ms Tracey Squire, Acting General Manager Armidale Regional Council, Cr Simon Murray, Mayor Armidale Regional Council, Ms Susan Law, CEO Bathurst Regional Council, Cr Graeme Hanger, Mayor Bega Valley Shire Council, Mr Anthony Basford, Acting General Manager Bellingen Shire Council, Cr Dominic King, Mayor Bland Shire Council, Cr Tony Lord, Mayor Bland Shire Council, Mr Ray Smith, General Manager Blayney Shire Council, Cr Scott Ferguson, Mayor Blayney Shire Council, Ms Rebecca Ryan, General Manager Broken Hill City Council, Cr Marion Browne, Deputy Mayor Broken Hill City Council, Mr James Roncon, General Manager Cabonne Shire Council, Cr Kevin Beatty, Mayor Cabonne Shire Council, Mr Stephen Harding, General Manager Clarence Valley Council, Cr Jim Simmonds, Mayor Clarence Valley Council, Mr Ashley Lindsay, General Manager Coffs Harbour City Council, Cr Denise Knight, Mayor Coffs Harbour City Council, Mr Stephen McGrath, General Manager Coolamon Shire Council, Mr Tony Donoghue, General Manager Coonamble Shire Council, Cr Michael Webb, Mayor Coonamble Shire Council, Mr Rick Warren, General Manager Cowra Shire Council, Cr Bill West, Mayor Dubbo Regional Council, Mr Michael McMahon, CEO Dungog Shire Council, Cr Tracy Norman, Mayor Dungog Shire Council, Ms Coralie Nichols, General Manager Edward River Council, Cr Norm Brennan, Mayor Edward River Council, Mr Adam McSwain, General Manager Federation Council, Cr Patrick Bourke, Mayor Forbes Shire Council, Cr Jenny Webb, Deputy Mayor Forbes Shire Council, Mr Steve Loane, General Manager Glen Innes Shire Council, Cr Steve Toms, Mayor Goulburn Mulwaree Council, Cr Bob Kirk, Mayor


Griffith City Council, Cr John Dal Broi, Mayor Griffith City Council, Mr Brett Stonestreet, General Manager Gunnedah Shire Council, Cr Jamie Chaffey, Mayor Gwydir Shire Council, Cr John Coulton, Mayor Gwydir Shire Council, Mr Max Eastcott, General Manager Hilltops Council, Cr Brian Ingram, Mayor Hilltops Council, Mr David Aber, Acting General Manager Kempsey Shire Council, Cr Liz Campbell, Mayor Kiama Municipal Council, Cr Mark Honey, Mayor Kiama Municipal Council, Mr Kerry McMurray, General Manager Kyogle Council, Cr Danielle Mulholland, Mayor Leeton Shire Council, Cr Paul Maytom , Mayor Leeton Shire Council, Ms Jackie Kruger, General Manager Lockhart Shire Council, Cr Roger Schirmer, Mayor Lockhart Shire Council, Mr David Webb, Acting General Manager Moree Plains Shire Council, Cr Katrina Humphries, Mayor Moree Plains Shire Council, Ms Alice Colbran, Governance Project Officer Murray River Council, Cr Christopher Bilkey, Mayor Murray River Council, Cr Gen Campbell, Deputy Mayor Murrumbidgee Council, Mr Craig Moffitt, General Manager Narrabri Shire Council, Cr Catherine Redding, Mayor Narrabri Shire Council, Mr Stewart Todd, General Manager Narrandera Shire Council, Cr Neville Schenka, Mayor Narrandera Shire Council, Mr George Cowan, General Manager Narromine Shire Council, Cr Dawn Collins, Deputy Mayor Narromine Shire Council, Mr Lane Redden, General Manager Oberon Shire Council, Cr Kathy Sajowitz, Mayor Oberon Shire Council, Mr Garry Wallace, General Manager Orange City Council, Cr Reg Kidd, Mayor Parkes Shire Council, Cr Ken Keith, Mayor Shoalhaven City Council, Mr Russell Pigg, General Manager Singleton Council, Cr Sue Moore, Mayor Snowy Valleys Council, Cr James Hayes, Mayor Tamworth Regional Council, Cr Col Murray, Mayor Tamworth Regional Council, Mr Paul Bennett, General Manager Temora Shire Council, Cr Rick Firman, Mayor Temora Shire Council, Mr Gary Lavelle, General Manager Tenterfield Shire Council, Cr Peter Petty, Mayor Tenterfield Shire Council, Mr Terry Dodds, CEO Upper Lachlan Shire Council, Cr Brian McCormack, Mayor Upper Lachlan Shire Council, Mr Gary Woodman, Acting General Manager Uralla Shire Council, Cr Michael Pearce, Mayor Wagga Wagga City Council, Cr Greg Conkey, Mayor Walcha Council, Cr Eric Noakes, Mayor Walcha Council, Mr Jack O’Hara, General Manager Warren Shire Council, Cr Milton Quigley, Deputy Mayor Warren Shire Council, Mr Glen Wilcox, General Manager Warrumbungle Shire Council, Cr Peter Shinton, Mayor Warrumbungle Shire Council, Mr Roger Bailey, General Manager Yass Valley Council, Cr Rowena Abbey, Mayor Yass Valley Council, Ms Sharon Hutch, Acting General Manager Regional Infrastructure. Mr Don McMurray Regional Infrastructure, Mr Brue Whitehill Regional Infrastructure, Mr Nick White Freight Taskforce, Mr Michael Kneipp


APOLOGIES:

As submitted

SPECIAL GUESTS: Hon John Barilaro MP, Deputy Premier, Minister for Regional NSW, Minister for Skills and Minister for Small Business Mr Terry Dodds, Chief Executive, Tenterfield Shire Council regarding “Waste to Energy” Hon Gladys Berejiklian MP, Premier Mr Ken Gillespie, Regional Infrastructure Coordinator, NSW Premier and Cabinet

2. Hon John Barilaro MP, Deputy Premier, Minister for Regional NSW, Minister for

Skills and Minister for Small Business The Government is supplying significant funding to the regions in conjunction with

local Government. The Regional Vision Statement was released this week and funding from the sale of the Snowy Hydro is to go to the regions in total. The government is forging better relationships with local government and has received a number of submissions from Councils in response to the Regional Growth Funds Expression of Interest. Joint Organisations now have the opportunity to change the landscape in NSW. The Deputy Premiers vision for Joint Organisations is that they are the vehicle to undertake the projects in NSW. In the next 20 years there will be an addition 100,000 people living in rural NSW. The State Government does not have all the answers and it depends on input from the community. Communities need certainty in funding and having funding available over a ten year period creates certainty.

3. ADOPTION OF MINUTES OF PREVIOUS MEETING:

RESOLVED that the minutes of the General Meeting held on 1 June 2018 be accepted as a true and accurate record (Tenterfield Shire Council / Glen Innes Severn Council).

4. Matters Arising from the Minutes NIL 5. Membership

RESOLVED: That Cabonne Council be admitted as a member of the Association (Oberon Council/ Parkes Shire Council)

6. CORRESPONDENCE Outward (a) Hon Anthony Roberts MP, Minister for Planning, Minister for Housing and

Special Minister of State Re Low Rise Medium Density Code (b) Cr Linda Scott, President, Local Government NSW, requesting a Skilled

Based Board be appointed to Local Government Super (c) Mr Tim Hansen, Stakeholder Specialist, Engagement and Partnerships,

National Heavy Vehicle Regulator Thanking him for his presentation on 1 June 2018

(d) Mr David Smith, Chief Executive Officer, Local Government Super thanking him for his presentation on 1 June 2018 and forwarding resolutions regarding operation of the Board

(e) Mr David Harris, Chief Executive Officer, Water NSW thanking him for his presentation on 1 June 2018

(f) Cr Abb McAlister, Mayor Cootamundra-Gundagai Regional Council, advising that his Council has been admitted as a member of the Association


(g) Cr Danielle Mulholland, Mayor, Kyogle Council advising that her Council has been admitted as a member of the Association

(h) Hon Anthony Roberts MP, Minister for Planning, Minister for Housing and Special Minister of State advising that the Association supports the Waste from Energy recommendations

(i) Hon Gabrielle Upton MP, Minister for the Environment, Minister for Local Government, and Minister for Heritage advising that the Association supports the Waste from Energy recommendations

(j) Mr Michael Marom, Area General Manager, Board Chair Northern Regional NSW, Telstra Customer Sales and Service thanking him for organizing the team that presented on 1 June 2018

(k) Mr Chris Taylor, Area Regional Manager, Telstra Country Wide thanking him for his presentation on 1 June 2018

(l) Hon Gabrielle Upton MP, Minister for the Environment, Minister for Local Government and Minister for Heritage regarding recycling new funding and seeking clarification of definitions “recycle” and “recyclate”

(m) NSW EPA regarding recycling new funding and seeking clarification of definitions “recycle” and “recyclate”

Inward (a) Mr David Smith, CEO, Local Government Super, regarding CMA resolutions

1 June 2018 (Copy Attached) (b) Hon John Barilaro MP, Minister for Regional New South Wales, Minister for

Skills, and Minister for Small Business regarding streamlining government funding programs (Copy Attached)

(c) Hon John Barilaro MP, Minister for Regional New South Wales, Minister for Skills, and Minister for Small Business regarding Royal Far West funding (Copy Attached)

RESOLVED That the response from Local Government Super is unsatisfactory and should be followed up (Yass Valley Council/ Kyogle Council)

7. FINANCIAL REPORT RESOLVED That the financial reports for the last quarter were tabled and accepted (Moree Plains Shire Council / Glen Innes Severn Council)

8. Mr Terry Dodds, Chief Executive, Tenterfield Shire Council regarding “Waste to

Energy” Tenterfield Shire Council and the New England Joint Organisation is endeavouring to

gain financial assistance from the State and or Federal Government to allow completion of a comprehensive feasibility study to convert municipal and other sources of waste into energy at a local scale. Municipal waste is an ongoing challenge and not likely to improve in the short to medium term. State and Federal Governments have been giving so much encouragement towards the burgeoning new sustainable or (but mainly only renewable) energy industries. The agenda for discussion with the EPA will include the waste to energy opportunities and barriers identified. The cost of conversion of waste to energy was historically high, but any things have changed over the last five (5) years:

Access to the electricity distribution network has become less burdensome Technologies have evolved in both Waste to Energy and also the control of the

electricity input sources (Microgrids) The problem of municipal waste management has become widely known The uptake of domestic power generation is exponentially rising


The feasibility study will determine whether the combination of changed circumstances mentioned above is enough to warrant a pilot plant being built in this point in time. Waste to Energy projects are not new, however, technologies have advanced so much over the past five years, particularly across Europe, we think it is time that they are reviewed in Australia – at a small scale.

RESOLVED That the Country Mayors Association provide a letter of support to Tenterfield Shire Council and the New England Joint Organisation to seek seed funding from governments to undertake a feasibility study and the Premier be advised of this support (Yass Valley Council/Glen Innes Severn Council) RESOLVED That the Country Mayors Association invite other Joint Organisations to support the initiatives of Tenterfield Shire Council and the New England Joint Organisation to make Waste to Energy a reality (Leeton Shire Council/ Tenterfiels Shire Council) RESOLVED That the Country Mayors Association request Mr Ken Gillespie, Regional Infrastructure Coordinator to facilitate a meeting of State Government leaders including OEH, EPA and DPC with local government representatives to discuss the issues that could be facing making Waste to Energy a reality (Orange City Council/ Yass Valley Council)

9. Unratable Land Sub Committee Report

RESOLVED That the information be noted (Temora Shire Council/Tenterfield Shire Council)

10 Notice of Motion signed by Cr Cathy Redding, Narrabri Shire Council, Cr Kathy Sajowitz, Oberon Shire Council and Cr Peter Petty, Tenterfield Shire Council “That the current Chairperson, Vice Chairperson and Secretary be allowed to nominate for executive positions of the Country Mayors Association at the 2018 Annual General Meeting, as is permissible under clause 26 of the Association’s Constitution”

The Chairperson Cr Katrina Humphries vacated the Chair. Executive Member Cr Liz Campbell was asked to chair the meeting for the discussion of the item The Chairperson Cr Katrina Humphries and Deputy Chairman Cr Michael Pearce left the meeting room RESOLVED That the current Chairperson, Vice Chairperson and Secretary be allowed to nominate for executive positions of the Country Mayors Association at the 2018 Annual General Meeting, as is permissible under clause 26 of the Association’s Constitution (Narrabri Shire Council/Tenterfield Shire Council) The Chairperson Cr Katrina Humphries and Deputy Chairman Cr Michael Pearce returned to the meeting and Cr Katrina Humphries resumed her role as Chairperson

11. Hon Gladys Berejiklian MP, Premier

We need to speak up for pour communities and the government will listen to concerns and ideas. Probity is important and announcements need to be delivered as quickly as possible. The Government does not always get everything right. $1 in every $3 is spent in regional areas and all the money received from the sale of the Snowy Hydro will be spent in regional NSW. Money needs to be allocated to social issues as well as economic issues. Drought assistance has been increased by $500 million to $1 billion. The Regional Vision for the next 10 years has been announced. Digital connectivity is important and is part of the vision. Water security is also important and is a work in progress. A strong NSW is a strong Australia.


11. Mr Ken Gillespie, Regional Infrastructure Coordinator, NSW Premier and Cabinet Mr Gillespie introduced his team that is undertaking the review of Regional Infrastructure in NSW. He agrees that Joint Organisations are an important part of the States future and they need to be successful. There are so many council issues that need to fit in with the Joint Organisations priorities. Councils need to prioritise their top 5 issues. A lot of red tape has been reduced. Funds are being made available to Joint Organisations and bureaucrats are not parking the money but distributing it. The Expenditure Review Committee now considers applications monthly instead of half yearly

12. Saleyard Expo Mr Steve Loane provided information on the recent Saleyard Expo at Casino and advised the Country Mayors resolution regarding the Volumetric Livestock Loading Scheme are to be implemented

13. Future Meeting Venues

The Chairperson is to hold discussions with Parliament House regarding suitable meeting rooms for future meetings

There being no further business the meeting closed at 12.38pm. Cr Katrina Humphries Chair – Country Mayor’s Association of NSW


PLANNING DEPARTMENT

OFFICERS RECOMMENDATION Option A That the proposed dwelling at Lot 26 DP 6253, 693 Alison Rd Alison be refused for the reasons contained in Annexure ‘A’ Or Option B That the report be deferred and the applicant advised that Council does not support the proposed side setback variation and afford the applicant the opportunity to amend the application prior to its determination.

Precis: The following report considers Development Application No. 83/2018 which seeks consent for the erection of a dwelling at No 693 Alison Road, Alison.

1. DEVELOPMENT APPLICATION – 83/2018

FILE NO: DA 83/2018

ANNEXURES:

A Reasons for Refusal

B Development Plans

C Submission

D Submission

E Submission

F Submission

G Clarification on constraints/dwelling set-back plans

ATTACHMENT: 1 Perception Planning additional information

AUTHOR:

Senior Development and Building Officer

APPLICANT: Perception Planning Pty Ltd

OWNER: Mr A & Mrs A Harris

PROPOSAL: Dwelling, attached garage & carport

LOCATION: 693 Alison Rd, Alison Lot 26 DP 6253

ZONE: RUI – Primary Production


The development application was notified in accordance with the requirements of Councils adopted Development Control Plan (DCP) No 1. due a the variation being sought for the side building setback . Four (4) submissions were received to the second notification period which proposed a side boundary setback of 20m rather than 50m as required in the DCP. A thorough assessment of the development application has been undertaken in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 (EP&A Act) and it is recommended that Council either refuse the proposed development as currently proposed or defer the report to provide the applicant the opportunity to amend the proposal to comply with the 50m side setback prior to determination of the application either by Council or under delegated authority.

Subject Site

The subject site at Lot 26 DP 6253, 693 Alison Road, Alison, is zoned Primary Production RU1 and surrounded by Primary Production RU1 zoned properties Figure 1. The subject site has a total area of 8.498 Hectares. Existing onsite at the time of site inspection are two (2) recently installed structures and a caravan. Council has no record of consent for these structures. There is one relatively small surface water catchment dam located approximately 10m from the southern boundary.

The site fronts a creek (Wangi Creek) to the east, Alison Road to the west and common boundaries to private properties are to the north and south. The site is predominately cleared of trees with vegetative corridors on the eastern and western boundaries and a small number of scattered isolated trees onsite as evident in Figure 2. The property has a varying moderate to steeper slope across the lot. The site is not mapped as bushfire prone land on council’s bushfire prone mapping however as a result of the adoption of grasslands as a bushfire threat proper assessment is required. A bushfire threat assessment has been supplied nominating a Bushfire Attack Level for the development.

Figure 1


Figure 2 Proposed Development The proposed development comprises the construction of a single storey dwelling, attached garage, carport and associated infrastructure as detailed in the plans submitted as Annexure ‘B’. The proposed development requires the establishment of internal access road/s, asset protection zones for fire mitigation purposes, water storage and an effluent waste water management system. The dwelling is proposed 20m from the northern boundary. Councils current adopted Development Control Plan specifies a side boundary setback of 50m in the RU1 Primary Production zone. Background Council received the Development Application on 20 June 2018 for a single storey dwelling, attached carport and garage. Receipt of the application for a dwelling was subsequent to Councils investigations of a complaint relating to unauthorised earthworks. At the time of investigations Council Officers were advised by one of the owners, Mr Harris that the purposes of the excavation works, adjacent to the northern boundary was for the construction of a dwelling with the Development Application to be lodged at a later date. STATUTORY CONSIDERATIONS Section 4.15 of the Environmental Planning and Assessment Act (EP&A) stipulates key heads of consideration for the assessment of development applications. The application has been assessed against the relevant heads of consideration. The main considerations are addressed as follows: Provisions of any environmental planning instrument. The following State Environmental Planning Policies are applicable: State Environmental Planning Policy (Rural Lands) 2008 The application is subject to the provisions of SEPP (Rural Lands) which lists considerations for dwellings in a rural zone. The proposed development is assessed as being inconsistent with some of the aims and objectives of SEPP (Rural Lands) 2008 with the proposed location of the habitable structure close to the common boundary it increases the potential for land use conflict which may lead to detrimental impacts on both current and future rural /agricultural land uses.


The primary aims of the SEPP relevant to this application are: (a) to facilitate the orderly and economic use and development of rural lands for rural

and related purposes,

(b) to identify the Rural Planning Principles and the Rural Subdivision Principles so as to assist in the proper management, development and protection of rural lands for the purpose of promoting the social, economic and environmental welfare of the State,

(c) to implement measures designed to reduce land use conflicts,

(d) to identify State significant agricultural land for the purpose of ensuring the

ongoing viability of agriculture on that land, having regard to social, economic and environmental considerations,

The adoption of setbacks in the rural zone seeks to, in part ensure physical separation of buildings and uses between adjoining properties that may create community conflict. It is appropriate to note that the NSW Right to Farm Policy issued by the Department of Primary Industries this year, states that conflict may comprise actual or perceived impacts on rights, values or amenity. The use of setbacks for proposed development from boundaries and the resultant separation of potentially conflicting land uses is an effective planning tool which assists to reduce or mitigate impact (perceived or actual) and resulting conflict. The 50m side setback for dwellings in the RU1 zone is fairly conservative when compared with other LGA building setbacks, however it is worth noting that our minimum allotment size is larger as well (60 hectares). The adopted 50m setback has served the Dungog Shire community well in that it has maintained rural amenity and reduced the potential for conflict between residential and rural/agricultural land uses. Dungog Council currently has limited resources to address land use disputes between neighbours as we do not have a dedicated Development Compliance officer. In assessing this development application the matters listed in clause 10 of the SEPP (Rural Lands) must be considered. The following lists the relevant provisions with comments provided: Clause 10

(1) This clause applies to land in a rural zone, a rural residential zone or an environment protection zone.

Comment – the subject property is zoned RU1 Primary Production as such this clause applies.

(2) A consent authority must take into account the matters specified in

subclause (3) when considering whether to grant consent to development on land to which this clause applies for any of the following purposes: (a) NA (b) erection of a dwelling.

Comment – the proposal is for a dwelling and ancillary development as such this clause applies.

(3) The following matters are to be taken into account:


(a) the existing uses and approved uses of land in the vicinity of the development,

Comment – in relation to the property most affected by the side boundary setback reduction, the existing agricultural land use is cattle grazing (defined as Extensive agriculture under DLEP 2014). In assessing the application and the reduced side boundary setback it is appropriate to identify the purpose of the 50m setback.

The 50m setback establishes and maintains an area of land separation which provides mitigation of impacts stemming from various land uses. In this situation residential land use adjacent to the existing agricultural land uses. As identified in the NSW Right to Farm Policy issued by the Department of Primary Industries, land use conflict can be real or perceived both of which capable of resulting in conflict/complaints. The most appropriate method of minimising potential conflict between Non-Residential land uses and Residential land uses is to provide for separation of those uses by implementation of buffer zones as referred to in this instance as setback. The orientation of the building would typically see the rear of the building (being the area the subject of the reduced setback), used in part or wholly for external residential land use such as clothes drying, outdoor recreational and the like. This potentially further resulting in residential land uses extending even closer to the common boundary potentially increasing the matter of real or perceived land use conflict.

It is assessed that the reduction of the separation distance down from 50m to 20m (a 60 percent reduction) has the potential to result in land use conflict for current and/or future land owners on the adjoining property. This potentially impacting on otherwise viable agricultural activities on the adjoining lot and conversely the impact of farming activities on the amenity of the residential occupation may result in detrimental impacts on amenity.

(b) whether or not the development is likely to have a significant

impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,

Comment – Both the subject property and adjoining land are zoned RU1 Primary Production. As the title infers the primary objective of the zone is to encourage and support primary industry such as cattle farming as is the case on the adjoining lot. The objectives listed do not refer to residential use as an objective of the zone although a dwelling is permissible in the RU1 zone.

It is considered that the reduction of the side boundary setback is likely to impact on land uses that are the preferred and the predominant land uses (agriculture) in the vicinity of the development.

(c) whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),

Comment – The reduced setback has the potential to result in land use conflict and as a result to limit the agricultural use of the adjoining property or impact on the residential amenity of the proposed dwelling.

(d) if the land is not situated within a rural residential zone, whether or not the development is likely to be incompatible with a use on land within an adjoining rural residential zone,

Comment – NA


(e) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d).

Comment – The applicant has indicated in one of their submissions that they are prepared to install some landscaping,in part intended to mitigate the land use conflict and to provide screening to assist in reducing the visual impacts of the individual land uses. A detailed landscape plan has not been provided at this stage.

The use of landscaping buffers does assist in mitigating impacts and in turn reducing land use conflict. This form of mitigation is a long term strategy and is usually combined with other measures including appropriate separation distances. It is assessed that the most appropriate and successful mitigation measure in this instance is the use of an appropriate separation distance. The nature of extensive agriculture and associated land maintenance sees the use extending to the common boundary between the two properties.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 The application for a residential dwelling, constructed onsite is development subject to compliance with SEPP BASIX. Accordingly a BASIX certificate (Cert No 936744S) has been submitted with the development application and demonstrates compliance with the relevant provisions of SEPP BASIX. State Environmental Planning Policy No. 44 – Koala Habitat Protection This policy aims to encourage the proper conservation and management of areas of natural vegetation that provide habitat for Koalas to ensure a permanent free-living population over their present range and reverse the current trend of Koala population decline:

a) by requiring the preparation of plans of management before development consent can be granted in relation to areas of core koala habitat, and

b) by encouraging the identification of areas of core koala habitat, and c) by encouraging the inclusion of areas of core koala habitat in environment protection

zones. The subject site has an area of approx. 8.498 Hectares and therefore the SEPP applies. Before granting consent to an application to carry out development on land to which the policy applies, Council must satisfy itself whether or not the land is a potential or core Koala habitat. ‘Potential Koala habitat’ is defined as areas of native vegetation where the trees listed in schedule 2 of SEPP 44 ‘constitutes at least 15% of the total number of trees in the upper and lower strata of the tree component’. If the site is found to contain potential koala habitat, further investigation for the presence of ‘core Koala habitat’ should be undertaken and if this habitat is found to be present, a detailed Plan of Management should be prepared. The site is predominately cleared of trees with vegetative corridors on the eastern and western boundaries and a small number of scattered isolated trees onsite as evident in Figure 3. The proposed development does not propose clearing and is assessed as not impacting on potential koala habitat.


Figure 3 State Environmental Planning Policy 55 – Remediation of Land The Object of this Policy:

(1) The object of this Policy is to provide for a Statewide planning approach to the remediation of contaminated land.

(2) In particular, this Policy aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment:

(a) by specifying when consent is required, and when it is not required,

for a remediation work, and (b) by specifying certain considerations that are relevant in rezoning land and in determining development applications in general and development applications for consent to carry out a remediation work in particular, and (c) by requiring that a remediation work meet certain standards and notification requirements.

There is no evidence to suggest the site is contaminated by way of previous land uses. The site and proposed dwelling location does not require a preliminary investigation be undertaken. Dungog Local Environmental Plan 2014 The following clauses of Dungog LEP 2014 relevant to the proposed development are as follows: Part 2 Permitted or prohibited development 2.1 Land use zones The proposed dwelling is located within the RU1 Primary Production zone under the Dungog Local Environmental Plan 2014. Figure 4.


Figure 4 The objectives of the zone as listed in DLEP 2014 are:

• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base. • To encourage diversity in primary industry enterprises and systems appropriate for the area. • To minimise the fragmentation and alienation of resource lands. • To minimise conflict between land uses within this zone and land uses within adjoining zones. • To provide for recreational and tourist activities that are compatible with the agricultural, environmental and conservation value of the land. • To promote the rural amenity and scenic landscape values of the area and prevent the silhouetting of unsympathetic development on ridgelines.

Comments - In determining a development application the consent authority must have regard to the objectives of the zone. The subject lot is assessed as relatively unconstrained for the purposes of erecting a dwelling. Its is considered that the proposed dwelling located 20m from the common boundary is inconsistent with the zone objectives with regard to potential detrimental impacts on the agricultural use of adjoining properties. In this regard it is assessed that the proposed dwelling located 20m from a common boundary, has the potential to limit the opportunity for sustainable primary industry production by limiting the available natural resource base due to potential land use conflict and also has the potential to discourage diversity in primary industry enterprises and systems appropriate for the area due to the potential land use conflict between residential and rural agricultural land uses. If approved the development may result in the fragmentation and alienation of resource lands by way of limiting the use of the adjoining land discouraging full use of the land. The reduced setback (on land capable of complying with the setback provisions) increases the risk of land use conflict by way of drawing incompatible uses closer together than would otherwise exist where the setbacks are applied.


4.2A Erection of dwelling houses and dual occupancies on land in certain rural and environment protection zones

(1) The objectives of this clause are as follows: (a) to minimise unplanned rural residential development,

(b) to enable the replacement of lawfully erected dwelling houses and dual occupancies in rural and environment protection zones.

Dwelling houses are permissible with consent in the RU1 Primary Production zone, provided the provisions of the Clause 4.2 A of Dungog LEP 2014 are satisfied. “4.2 A (3) Development consent must not be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies and on which no dwelling house or dual occupancy has been erected, unless the lot on which the dwelling is to be erected: (a) is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land on which the dwelling house or dual occupancy is proposed, or (b) is a lot created under this Plan (other than under clause 4.1B or clause 4.2 (3)) (c) is a lot created before this Plan commenced and:

(i) the erection of a dwelling house was permissible on that lot, and (ii) no development standards limiting the power to grant development consent for the erection of dwelling house applied to that lot, before that commencement, or

(d) is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or a dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or (e) is an existing holding, or (f) would have been a lot or a holding referred to in paragraph (a), (b), (c) or (d) had it not been affected by:

(i) a minor realignment of its boundaries that did not create an additional lot, or (ii) a subdivision creating or widening a public road or public reserve or for another public purpose, or (iii) a consolidation with an adjoining public road or public reserve or for another public purpose.

(4) Development consent may be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house or dual occupancy on the land and the dwelling house or dual occupancy to be erected is indented only to replace the existing dwelling house or dual occupancy. (5) In this clause:

existing holding means land that:

(a) Was a holding on 1 July 2003 and (b) Is the same holding at the time of lodging a development application under

this clause,

holding means all adjoining land, even if separated by a road, railway or river, held by the same person or persons.


Note. The owner in whose ownership all the land is at that time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date”. Review of Council’s records indicate that Lot: 26 DP: 6253 was held in one ownership on 1 July 2003 separate from the adjoining allotments and as such it comprises an “existing holding” which satisfies the provisions of clause 4.2 A (3) (e). PART 6 Additional provisions The following clauses of Dungog LEP 2014 are also relevant to the proposed development: 6.2 Earthworks The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land. Comment – The proposed development indicates a raft slab method of construction. Based on the existing earthworks, which have been completed prior to the lodgement of the development application, it is assessed that additional earthworks would be required. It is considered that there is unlikely to be significant detrimental impact for those matters listed in this clause. 6.5 Drinking water catchment The objective of this clause is to protect drinking water catchments by minimising the adverse impacts of development on the quality and quantity of water entering drinking water storages. Comment - Councils Environmental Health Officer has undertaken a preliminary review of the proposed development. No waste water report has been supplied with the application or lodged separately through a Local Government Act Section 68 application; however it has been assessed that there is adequate available area onsite for the proper treatment and disposal of effluent waste water. Onsite waste water disposal would be capable without resulting in adversely impacting on water quality or water flows within the drinking water catchment. 6.10 Williams River catchment The objective of this clause is to protect and improve the environmental quality of the Williams River Catchment. The subject property is located within the Williams River catchment Figure 5. Comment – The proposed dwelling comprises three (3) nominated bedrooms and a fourth room identified as an office however capable of being used as a bedroom. The scale of development and location, with significant separation from Wangi Creek is assessed as having minimal impact on water quality in the catchment.


Figure 5 6.12 Protection of rural landscapes in rural and environment protection zones The objective of this clause is to protect the rural amenity and character of the area; in this case RU1 Primary Production zoned land. The clause noted that development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:

(a) any buildings that form part of the development will blend into the landscape and not become silhouetted on a ridgeline, and

(b) the design, bulk and colours of any such buildings will be compatible with the surrounding landscape.

Comment – The proposed location is on an elevated location both on the subject property and relative to the surrounding landscape. The location of the proposed dwelling is not identified as ridgeline however is significantly elevated from the remainder of the site and may be referred to as a hill as evident in Figures 6 and 7. The specific colour combination has not been determined by the applicant. The colour combinations nominated are in the lighter range of colours and not typical dark earthy tones however based on the recommendation of refusal it is assessed that the matter of colour is not critical to the determination. However based on the information supplied it is considered the range of combinations listed are acceptable for the rural environment and unlikely to have a significant impact on the visual impact of the rural landscape.

Spoke to Adam about the colours etc. The home will be weatherboard (as noted on the plans) with colorbond roof. We are considering 3 colour options at the moment; 1 - 1/2 strength lexicon, white woodwork, beams, garage, posts, ironstone (matt) roof (or similar colour). 2 - light beige, white woodwork, shale grey roof (or similar colour) 3 - soft lime, white woodwork, shale grey roof (or similar colour).

The dwelling is single storey with a low profile roof line. The elevated location will result in the structure being visually prominent based on the 20m setback from the boundary. A setback of 50m would see the development moved down from the elevated location and result in the building benefiting from a backdrop of the sloping block mitigating the visual impact on the rural landscape.


Figure 6

Figure 7 Any development control plan Dungog Shire Development Control Plan No 1 Part C – Administration A.4 – Notification and advertising of applications The application has been notified on two (2) occasions. The original application proposed a 13m setback to the side boundary which was subsequently modified to increase the setback to 20m. The application was notified to adjoining property owners. The second round of notification resulted in four (4) submissions. One (1) objection from the property most affected by the proposed reduced setback, two submissions(2) not raising objection to the reduced setback but stating support for the proposed reduction on nominated grounds one of the supporters is the previous land owner. The fourth (4) submission is from the “real-estate agent” that facilitated the sale of the property stating his general support for the application as submitted. A detailed review of the submissions is contained in the head of consideration titled “Any submissions made in accordance with this Act or the regulations”


Part C Chapter 1 – Residential Development This chapter of the DCP applies to all development relating to the erection of, or additions or alterations to, or the use of residential development within the Dungog Shire. Specifically, the following sections apply to the proposed shed: 1.3 Set backs Part C Chapter 3 – Building Line Setbacks The aims and objectives of this Chapter of the DCP are:

to ensure physical separation of buildings and uses between adjoining properties that may create community conflict.

to ensure that development maintains the character of the locality. to enable guidelines for development to be clear and meet community expectation.

It is assessed that a reduced side boundary setback down from 50m to 20m is inconsistent with the aims and objectives as listed above. The approval of a reduced setback for the habitable structure has the potential to unreasonably and unnecessarily impact on the potential lands uses on the adjoining property, including the existing agricultural activities. The subject site does not have such physical constraints that the proposed location is the only viable portion of the property capable of supporting the construction of the dwelling proposed. There are many examples of dwellings both within the LGA and elsewhere on more significant slopes.

The applicable setbacks as detailed in Councils adopted DCP and the proposed setbacks are listed below. As the site is zoned RU1 Primary Production, the following building setbacks apply:

Setback Required Proposed Side (north) 50 m 20 m Rear (east) 50 m Approx. 125 m Side (south) 50 m Approx. 245 m Front (west) 50 m Approx. 60 m

The DCP states the following

“Variations to building line setbacks will only be considered under the following circumstances.” 1. Where it is physically not possible to meet the setback requirements due to

topography, physical constraint or the actual dimensions of the allotment; and/or 2. Where the width of an allotment is less than 200 metres and it is unreasonable to

apply the standard building line setbacks: (a) The minimum setback to a side or rear boundary is to be not less than 25% of the

width of the allotment. (b) Where an existing building is already located in a position that is less than the

minimum setback required and physical constraints exist, the new building may be located no less than 50% to the distance between the existing building and the property boundary.

3. Front setbacks to road boundaries may be reduced only where physical constraints exist. 4. Or where it is demonstrated to the satisfaction of Council that there are compelling justification otherwise


The subject land is just under 200 metres in width however it is not unreasonable to apply the 50 metre side setback in this case as the site constraints are not significant and do not prevent the applicant from constructing a compliant dwelling which has less potential to create land use conflict. The DCP also stipulates that Development approval will only be granted for a variation to setback when the following conditions are met: 1. Where no objections are received from adjacent landholders; and 2. Where the proposed development is consistent with development on adjacent allotments and the general settlement pattern within that locality, and where measures such as vegetation buffers, colour of buildings are applied. Council has received an objection from the land owner most likely to be impacted by the proposed setback variation and therefore pre condition 1 listed above has not been met to enable the standard to be varied by Council officers . 1.4 WATER SUPPLY The applicant notes the proposed dwelling shall connect stormwater drainage to dedicated water storage tanks onsite. 1.6 PROPERTY ACCESS The existing access to the site is unsealed gravel. Lawful and physical access is available to the subject property. 1.9 BUILDING COMPLIANCE The proposed dwelling is capable of complying with the Building Code of Australia however this application does not include a Construction Certificate at this stage. 1.10 BUSH FIRE PRONE LAND The subject property is not identified as bushfire prone on Councils bushfire prone mapping (figure 8) however the matter of grassland threat must be considered in relation to the erection of a dwelling. A bushfire threat assessment has been lodged with the application following a request for additional information. The report identifies grassland threat proposing an Asset Protection Zone on three sides of 50m. Based on the 20m setback to the common boundary at which point it is not possible to ensure grassland threat is maintained below 100mm it is necessary to assume unmanaged grassland. On this basis a Bushfire Attack Level of 12.5 has been identified. This triggers a requirement for additional construction requirements increasing the cost of construction. It should be noted that a 50m asset protection zone for grassland threat would remove the need for any additional construction requirements for the dwelling due to bushfire threat. This may assist in off setting the additional earthworks requirement if the dwelling were to be located 50m from the common boundary.


Figure 8 C.23 ON‐SITE SEWAGE MANAGEMENT This Part applies to development that is not connected to a reticulated sewerage system within the Dungog Local Government Area. AIMS & OBJECTIVES To facilitate development by ensuring development is accompanied by the essential service of On Site Sewage Management provisions that are designed, operated and maintained in a manner that has appropriate consideration to the environmental and public health impacts of such services. Councils Environmental Health Officer has visited the site and noted the following with regard to the proposed dwelling: The proposed development is for a single storey dwelling which will be serviced by an onsite sewage management system. The site consists of mostly cleared farmland with a creek located at the eastern boundary and a dam to the south of the property. After taking into consideration the buffer distances to these water features the site will still contain sufficient useable land to safely dispose of any wastewater generated. No constraints exist to limit the development being located compliant with the 50m setback provisions of DDCP. The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality - The erection of the dwelling will not have any negative environmental impacts on the subject land however as stated previously within the report the reduction in the side building setback to 20 metres has the potential to have a social and economic impact on the adjoining property owner. Should the adjoining land owner wish to undertake an activity which requires a buffer zone from sensitive receptors then he or subsequent owners will be required to provide a greater proportion of the land buffer requirement on his own land. In addition the potential increase in land use conflict could lead to a negative social consequence or restrict the operations on adjoining lands for use as primary industry production. The suitability of the site for the development The applicant has sought to argue that there is only one suitable location for the dwelling on the site due to natural constraints. The proponent submitted an unsubstantiated and


generalised constraints plan which has also been provided to Councillors independently, as well as a locality plan purporting to show examples of other setback variations. Council officers sought specific detail as to how these plans were derived to determine their veracity and relevance to Councils assessment and deliberations however the information request was declined on the basis of cost. Refer to Annexure ‘G’ showing Councils request and Applicant response. The fact is there are a number locations on the subject land upon which a dwelling could be situated and comply with the 50 metre side setback. These alternate locations would still provide the owners with an opportunity for an elevated location to capture the views and sufficient curtilage around the dwelling to facilitate outdoor living. Any submissions made in accordance with this Act or the regulations Four (4) submissions have been received with one (1) objection from the adjoining property owner where the reduction is sought and three in support. Two (2) of the submissions in support, are from adjoining property owners and one other from a property owner remote from the locality.

Figure 9 The adjoining lot to the south has a dwelling and shed located to the front of the property approximately 350m from the proposed dwelling site Figure 9. The property to the east has a dwelling and associated structures and is approximately 995m from the subject building site Figure 9. The submissions may be summarised as follows relevant to the proposed variation with comments provided: Submission 1 (Annexure ‘C’)

No objection to the 20m to the northern boundary noting an objection to a 50m setback. Comment – The proposed setback reduction increases the distance away from the property owner who made this submission. The existing neighbouring dwelling is approximately 350m away from the proposed dwelling location. The orientation of the neighbouring dwelling and its existing vegetation is such that the location of the proposed dwelling on the subject land is unlikely to impact it from either a visual or physical perspective even if the proposed dwelling setback is 50metres or 20metres.


The hill is a watershed in the event of rain. Comment – the location of the dwelling is not restricted to due to it being located in a watershed area. It is however noted that the catchment above the proposed dwelling site is approximately 3 Hectares. The subject lot benefits from being located towards the top of the relevant catchment with relatively even grades across the entire allotment with no identified concentration of water flows across the site. (Figure 10)

Figure 10

The subject site is exposed to high winds from the southerly & westerly directions which may expose the dwelling to significant wind loads. Comment – the proposed dwelling is on the most elevated portion of the subject lot and wind loads are a legitimate consideration. The proposed dwelling location would be exposed to the same or greater wind loads than if it was located elsewhere on the site, despite this however it is considered that any wind loads determined could be adequately addressed in an appropriately engineered design. The objection to compliance with the adopted 50 metre setback on the basis of a reduction in wind loads at a 20 metre setback is not valid in this instance. The application under consideration being the 20m setback from the side boundary is not objected to the purposes for which the application was notified.

Submission 2 (Annexure ‘D’)

The subject property is affected by stormwater runoff with the proposed location of the dwelling considered to be the most viable and safest location. Comment – as mentioned previously the extent of catchment of the property above the proposed site and further across the entire lot is relativity limited and unlikely to have runoff that would restrict development of the property for a dwelling. The relatively constrained distribution of grade across the contours would result in even shed of water in the event of storm. The application under consideration being the 20m setback from the side boundary is not objected to the purposes for which the application was notified.

Submission 3 (Annexure ‘E’)

Objection to the application of a 50m setback requirement on the basis that this would result in additional costs to the property owner.


Comment - This submission was received from an individual not notified and who resides several kilometre from the subject property. He had a commercial relationship with the owner as he facilitated the purchase of the property The application under consideration being the 20m setback from the side boundary is not objected to the purposes for which the application was notified.

Submission 4 (Annexure ‘F’)

Objection

The reduction of the setback from 50m adapted by Dungog Council to 20m would potentially result in increased setback or separation distances in the event of development occurring on the adjoining lot. The size of the property provides adequate area to find a location without the necessity to vary the setback requirements. The matter of additional costs associated with building on the sloping portion of the lot is not an adequate justification for the reduction to the side boundary which has the potential to place restrictions on the affected property owner.

Figure 11 The property immediately to the north is most affected by the proposed side boundary setback variation it is in separate ownership with a dwelling onsite located approximately 500m from the affected boundary. The total property has an area of 67.5 Hectares (Figure 11) with the portion of the land directly adjoining the site currently used for agricultural purposes (cattle grazing).

Note – A submission was made by Perception Planning including a submission from the owner. This has been assessed as part of the overall application and comprises additional information which is reviewed separately in this report. The public interest The DCP setback provisions were adopted by Council after being publicly exhibited. These setback requirements are consistently communicated to the public and there are numerous


examples where applicants have been asked to amend their proposals to bring their developments into compliance with this standard. The provision has where possible and practicable been consistently applied by Council Officers in their assessment of applications. The proper application of fair and equitable planning controls would have the development compliant with the existing adopted DDCP setback provisions and the listed objectives of SEPP Rural Lands and Dungog Local Environment Plan. It is assessed that approval of a reduced setback is not in the public interest. CONCLUSION The development application has been assessed having regard to all relevant matters of Section 4.15 of the Environmental Planning & Assessment Act, 1979 (as amended). It is considered that cost alone is not a reasonable planning justification to warrant a variation to the adopted 50 metre side building setback. The proposed 20m side setback is inconsistent with the aims and objectives of State Environmental Planning Policy (Rural Lands) 2008, and Dungog Local Environmental Plan 2014 and does not comply with Dungog Development Control Plan No.1 building setback provisions. Having regard to the size of the property and the site characteristics, the proposed variation to Council’s DCP is not recommended in this instance.


ANNEXURE ‘A’ Reasons for Refusal

1. The proposed development is inconsistent with the Aims of State Environmental Planning Policy (Rural Lands) 2008.

2. The proposed development is inconsistent with the RU1 Primary Production zone objectives as listed in Dungog Local Environmental Plan 2014.

3. The proposed development is inconsistent with the Dungog Development Control Plan No 1, C3 Building Line Setbacks, Aims and Objectives.

4. The proposed development does not comply with the 50m side boundary set-back provisions stipulated in Clause 3.2 of Dungog Councils Development Control Plan 1.

5. Under the provisions of the Environmental Planning & Assessment Act 1979, the proposed development is not in the public’s interest.

6. The proposed development is inconsistent with the principles of the New South Wales Right to Farm Policy, NSW Department of Primary Industries.


ANNEXURE ‘B’


ANNEXURE ‘C’


ANNEXURE ‘D’


ANNEXURE ‘E’


ANNEXURE ‘F’


ANNEXURE ‘G’


2. DEVELOPMENT APPLICATIONS – DELEGATED AUTHORITY

FILE NO: EF 08/228

ANNEXURES: Nil

AUTHOR: Jacqui Tupper


Rural & Urban Development - Ensure that our land use planning for the Shire acknowledges the importance of our rural character and agricultural activities.

DELIVERY PROGRAM: 4.2 Processing of Development Applications to ensure the ongoing environmental sustainability of the LGA.

OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: Development Consent has been granted to the following development applications under delegated authority for the month of August 2018.

******

DA 106/2014 (TPA 1322/1101)

Lot 121 DP 1169106 No 79 Park Street, East Gresford. Modification to Two (2) Lot Subdivision to allow for Changes to Condition 18. Approved subject to conditions 2 August 2018.

DA 107/2016 (TPA 2758/01)

Lot 5 DP 39349 No 319 Chichester Dam Road, Bendolba. Eleven (11) Lot Subdivision. Approved subject to conditions 14 August 2018.

DA 46/2018 (TPA 2439/01)

Por 4A DP 752445, Dungog Road, Hilldale. Two (2) Lot Subdivision. Approved subject to conditions 7 August 2018.

DA 47/2018 (TPA 2331/5)

Lot 4 DP 1001254 No 640 Pinebrush Road, Glen William. Single Storey Dwelling. Approved subject to conditions 8 August 2018.

DA 71/2018 (TPA 2455/24145)

Lot 217 DP 1160244 No 82 Boulton Drive, Paterson. Additions to existing pool house (change of use to second dwelling) and inground swimming pool. Approved subject to conditions 7 August 2018.

DA 92/2018 (TPA 1260)

Lot 13 DP 38414 No 56 Durham Road, East Gresford. New Storage Shed. Approved subject to conditions 1 August 2018.

DA 94/2018 (TPA 2995/0584)

Lot 4 DP 1232268 No 220 Fotheringay Road, Clarence Town. Single Storey Dwelling/Loft and Shed. Approved subject to conditions 7 August 2018.

DA 97/2018 (TPA 3578/05)

Por 28 DP 752469, Por 29 DP 752469 No 992 Allyn River Road, Allynbrook. Relocated Dwelling. Approved subject to conditions 10 August 2018.

DA 107/2018 (TPA 1857/1)

Lot 204 DP 877990 No 26 Hanleys Creek Road, Tabbil Creek. Temporary Event – Hunter Polo Challenge 15 & 16 September 2018 and 5 year approval for event. Approved subject to conditions 27 August 2018.

DA 110/2018 (TPA 2221/1112)

Lot 112 DP 1159360 No 56 Mackellar Drive, Vacy. Shed. Approved subject to conditions 13 August 2018.

DA 112/2018 (TPA 3299/012477)

Lot 138 DP 1232974 No 40 Paperbark Drive Clarence Town. Single Storey Dwelling. Approved subject to conditions 16 August 2018.

DA 114/2018 (TPA 2348/03)

Lot 14 DP 786382 No 1170 Limeburners Creek Road, Clarence Town. Outbuilding/Shed. Approved subject to conditions 29 August 2018.


DA 115/2018 (TPA 3290/04)

Lot 41 DP 746534 No 1172 East Seaham Road, Clarence Town. Rural Machinery Shed. Approved subject to conditions 30 August 2018.

DA 117/2018 (TPA 1000/0337)

Lot 80 DP 1183633 No 21 Rens Street, Dungog. Screen Enclosure. Approved subject to conditions 29 August 2018.

DA 118/2018 (TPA 2392/4246)

Lot 25 DP 285645 No 76 Ironbark Drive, Clarence Town. Swimming Pool & Safety Barriers. Approved subject to conditions 29 August 2018.

.


ENVIRONMENTAL SERVICES DEPARTMENT REPORTS

1. DRAFT CONTAMINATED LAND POLICY

FILE NO: EF08/373

ATTACHMENT: 1 Draft Contaminated Land Policy

AUTHOR: Manager Environmental Services


Rural and Urban Development - Strategy 4

DELIVERY PROGRAM: 4.1 Improvement in Council’s Policy framework to enable delivery of high quality development outcomes

OFFICERS RECOMMENDATION:

1. The Draft Contaminated Land Policy be placed on public exhibition for a period of 28 days.

2. Where no submissions are received, or submissions are considered by the General Manager to be of a minor nature during the public exhibition period, that the Draft Policy be adopted without further referral to Council.

Precis: The objective of this report is to provide Council with a Draft Contaminated Land Policy and to seek a resolution to place this Plan on Public exhibition.

******** The appropriate management of contaminated land is important to protect human health and the environment. Since contaminated land can restrict the development and certain uses of land it has economic, legal and planning implications for the community and for regulatory authorities. The NSW Managing Land Contamination Planning Guidelines – SEPP 55 Remediation of Land 1998 (“the Planning Guidelines”) strongly recommend that “each local council develop and adopt a formal policy for managing land contamination to provide a local context for decision making” and that “the policy should be consistent with the Guidelines and either adopt or be based on them, with variations based on local conditions and procedure”. The Planning Guidelines also identify that “council’s policy on contaminated land may be contained within a number of documents, such as planning instruments that contain land use restrictions relevant to contamination and a DCP or plans. However it is also advisable to have a formal “stand alone” policy document”. Whilst Council has an adopted Development Control Plan Chapter relating to Contaminated Land (Part C Chapter 15 of Dungog DCP 1), this chapter is over a decade old and has been in need of review. This review has been considered along with a general review of all DCP1 chapters. At a regional level, Council has partnered with the Hunter Joint Organisation’s Environment Division and its member Councils to participate in a Contaminated Lands capacity building project which is aimed at providing tools for councils and developing regional consistency in


managing contaminated land. One of the bodies of work produced by the Regional Contaminated Land Capacity Building Project is the development of a model Contaminated Land Policy. The need for Council to review its DCP chapter and the availability of a model Regional Policy has enabled the preparation of a draft Contaminated Land Policy for Dungog Shire. This document is provided in Attachment ‘1’ and is based on the model regional policy but has been modified as appropriate to suit Council’s needs. It is considered that the development and consistent application of a local Contaminated Land Policy by Council provides a valuable tool to ensure and demonstrate adherence to Planning Guidelines. Its implementation will directly assist Council to ensure that it acts in “good faith” in regard to its legislative obligations. The Development Control Plan Chapter for contaminated land has been amended to present a basic document which describes the objectives of contaminated land development regulation but defers the technical details to the Policy. The DCP amendment is considered in a separate report to Council in this business paper. Aspects of the policy The Policy sets out the preferred practice of Council and its officers in relation to:

Identifying, evaluating and managing contaminated land through the land use planning process

Establishing an appropriate certification standard for consultants in alignment with that required by the EPA.

Recording, managing and disclosing contaminated land information

Reporting contamination to the NSW EPA

Preventing or minimising the potential for contamination.

The draft Policy contains an updated amendment of all aspects of contaminated land management previously contained in Councils Development Control Plan Chapter.

IMPLICATIONS Finance and Resourcing No further financial resources are required as a result of this report. Previous Council Resolutions There are no previous resolutions relating to this matter. Implementation It is intended that the Draft Contaminated Land Policy be placed on public exhibition for a period of 28 days. Where no submissions are received, or submissions are considered by the General Manager to be of a minor nature during the public exhibition period, the Draft Policy may be adopted without further referral to Council. It is intended that the Policy be read in conjunction with Development Control Plan Chapter 15 – Contaminated Land.


2. DRAFT DEVELOPMENT CONTROL PLAN - CONTAMINATED LAND

FILE NO: EF08/373

ANNEXURES: A Draft DCP – Contaminated Land



Rural and Urban Development-Strategy 4

DELIVERY PROGRAM: 4.1 Improvement in Council’s Policy framework to enable delivery of high quality development outcomes.

OFFICERS RECOMMENDATION: The Draft Development Control Plan chapter – Contaminated Land, be placed on public exhibition for a period of 28 days. Precis: The purpose of this report is to provide a Draft Development Control Plan Chapter - Contaminated Land and seek resolution to place the draft on public exhibition as required under Regulation 18 of the Environmental Planning and Assessment Regulation 2000.

******** The existing Development Control Plan chapter - Contaminated Land has been reviewed having regard to the drafting of a stand alone Contaminated Land Policy (the subject of a separate report on this business paper). The amended DCP will replace the existing Contaminated Land DCP (Part C Chapter 15 of the Dungog Development Control Plan 1) which although still relevant required some updating and minor modification. The updates have been provided in a Policy format with the DCP chapter being condensed to provide the most minimal of information required in a Development Control Plan but providing a link reference to the Policy and supporting documents and guides. The Policy contains the more detailed technical information and Council policy statements.

IMPLICATIONS Finance and Resourcing There are no financial implications associated with the amended DCP chapter. Previous Council Resolutions There are no previous Council resolutions regarding this matter however the report “Contaminated Land Policy” in this business paper should be read in conjunction with this report.


Implementation Should Council resolve to place the draft DCP chapter on public exhibition it will be exhibited for a period of 28 days. At the completion of the exhibition period the matter will be referred back to Council with results of the exhibition period with a recommendation in relation to adoption. Statutory The DCP has been prepared in accordance with the provisions of Section 3.43 of the Environmental Planning and Assessment Act 1979 and it is intended that it be placed on public exhibition as required by the Regulation. Consultative The Draft DCP has been prepared in consultation with Council Planning and Environmental Services staff. It is proposed that the draft DCP be placed on public exhibition to seek specific input from the public.


ANNEXURE ‘A’


3. REVIEW OF POLICY – CONTROL OF OPEN BURNING

FILE NO: EF08/394

ANNEXURES: B Amended Policy – Control of Open Burning



Natural Environment

DELIVERY PROGRAM:

Strategy 4: Raise public awareness of the responsibilities of landholders regarding management of land Strategy 6: Ensure that Council’s policies and processes adequately protect and enhance our natural environment and biodiversity.


1. The Amended Policy – Control of Open Burning, be placed on public exhibition for a period of 28 days.

2. Where no submissions are received, or submissions are considered by the General Manager to be of a minor nature during the public exhibition period, that the Amended Policy be adopted without further referral to Council.

Precis: The objective of this report is to provide Council with the Amended Policy - Control of Open Burning and to seek a resolution to place it on Public exhibition.

******** Councils in NSW can restrict or control open burning within their Local Government Areas by choosing to list on Schedule 8 of the Protection of the Environment Operations (Clean Air) Regulation 2010. Dungog Shire Council elected by resolution in April 2008 to be listed on Parts 2 and 3 of Schedule 8 of the then Regulation which had the effect of prohibiting the burning of waste (in areas where waste services are otherwise available) and prohibiting the burning of dead and dry vegetation unless in accordance with a Policy of the Council. At the same time, Council adopted a Control of Open Burning Policy. The Policy’s objective was to establish parameters that would enable the exemption of rural landholders and property owners outside urban areas from the effect of the listing on Schedule 8 Part 2 of the Protection of the Environment Operations (Clean Air) Regulation, by providing a general approval for the burning of vegetation subject to conditions in certain land zonings. This Policy has not been reviewed since its adoption, and whilst still relevant has been required to be updated to reflect changes in legislation, changes to land zone classifications and to make the process of gaining approval to burn vegetation clearer. Amendments to Policy Whilst the general concepts and intents of the Policy remain the same as that adopted by Council in 2008, the following amendments are proposed –


1. Reference to the Protection of the Environment Operations (Clean Air) Regulation 2002 (Control of Open Burning) has been removed and replaced with the current applicable legislation - the Protection of the Environment Operations (Clean Air) Regulation 2010.

2. Amendments to the titles of associated legislation which has changed or been amended.

3. Clarification of the approvals system available to Council under the Regulation. This is particularly important as whilst Council’s previous Policy defined a “class of persons” who could be considered to have a “general approval” by virtue of land zonings and placed standard conditions on this general approval, it didn’t define other circumstances where Council could consider issuing an approval on merit.

4. The amended Policy provides Council with the ability to issue a permit to any person where a general approval (exemption) does not apply if certain circumstances are met. (see “NO GENERAL APPROVAL- permit required). This enables some flexibility for Council to consider a request to burn vegetation on a property on a generally prohibited land zoning but where the land parcel exceeds 4000sqm in size and other environmental and public health considerations are addressed.

5. The requirements to obtain a permit from the Rural Fire Service (RFS) and Fire and Rescue NSW (FRNSW) have been clarified in the conditions applicable to open burning. Council received advice in early 2018 from FRNSW that permits to burn within the FRNSW fire district areas were required all year round. This now differs from the RFS who require applications for burning only during the Statutory Bush Fire Danger Period. FRNSW requested that the requirement to obtain a permit all year round for properties located in the FRNSW be reinforced in Council’s Open Burning Policy.

6. Conversion of Land Zone titles from Dungog LEP 2006 to Dungog LEP 2014.

IMPLICATIONS Finance and Resourcing No further financial resources are required as a result of this report. Previous Council Resolutions The existing Policy – Control of Open Burning was adopted by Council on 15 July 2008 (minute 34125). It has not been reviewed since that time. Implementation It is intended that the Reviewed Policy- Control of Open Burning be placed on public exhibition for a period of 28 days. Where no submissions are received, or submissions are considered by the General Manager to be of a minor nature during the public exhibition period, the Reviewed Policy may be adopted without further referral to Council. It is intended that once adopted, Council’s website content relating to Open Burning and information brochures be updated.


Statutory There are three levels of regulation within Schedule 8 of the POEO (Clean Air) Regulation 2010 that relate to the prohibition of open burning. Dungog Shire is listed in Parts 2 and 3 as Council resolved to be placed in these Parts by resolution in April 2008. These listings are considered appropriate for the Local Government area and are consistent with similar local government areas but prohibit burning in the open of vegetation and general waste unless with the approval of Council. Under Regulation 13 of the Regulation, Approvals may be granted so as to permit open burning in circumstances where it would otherwise be prohibited. Council may grant an Approval for the purposes of Part 2 Schedule 8 in respect of the burning of dead and dry vegetation:

to any class of persons--by means of a notice published in the Gazette and in such other manner as the Council is satisfied is likely to bring the notice to the attention of persons of that class, or

to any particular person--by means of a written notice given to the person.

It is considered that Council’s adopted Policy for the Control of Open Burning will establish the “class of persons” to which Approvals can be assumed (General Approval) and those particular persons or circumstances that would require a merits based Approval where the General Approval doesn’t apply. Consultative The policy has been reviewed without community consultation to date. The Open Burning Policy has been applied since 2008 with no record of community complaint or concern and the reviewed and amended Policy will be placed on public exhibition for a period of 28 days.


ANNEXURE ‘B’

POLICY NO C 5:10 POLICY TITLE CONTROL OF OPEN BURNING VERSION II: Last Reviewed: 19 September 2018 INTRODUCTION

Councils in NSW can restrict or control burning within their Local Government Areas by choosing to list on Schedule 8 of the Protection of the Environment Operations (Clean Air) Regulation 2010. Dungog Shire Council elected by resolution in April 2008 to be listed on Parts 2 and 3 of Schedule 8 which had the effect of prohibiting the burning of waste (where waste services are available) and prohibiting the burning of dead and dry vegetation unless in accordance with a Policy of the Council. The adoption of a Policy does not alter the broader principles of the legislation which:

Imposes a general obligation to prevent or minimise air pollution when burning in the open or in an incinerator;

Prohibits the burning of certain articles such as tyres, coated wire, paint containers and residues, solvent containers and residues, timber treated with copper chromium arsenate (CCA) or pentachlorophenol (PCP).

Specifically exempts certain activities from the regulation requirements such as- bush fire hazard reduction work (within the meaning of the Rural Fires Act 1997),the destruction of any prohibited plant or prohibited drug under the Drug Misuse and Trafficking Act 1985 the destruction of an animal that has died as the result of a disease (within the meaning of the Biosecurity Act 2015 ) by authorised officers.

Acknowledges other legislative controls that exist in relation to the lighting of fires such as the Rural Fires Act 1997 and the Biodiversity Conservation Act 2016.

Allows for open burning in Schedule 8 listed areas for the purpose of cooking, campfires, agricultural operations and fire fighting instruction.

PROTECTION OF THE ENVIRONNMENT OPERATIONS (CLEAN AIR) REGULATION 2010 There are three levels within Schedule 8 of the POEO (Clean Air) Regulation that relate to the prohibition of open burning and Dungog Shire is listed in Parts 2 and 3. These listings are considered appropriate for the Local Government area.


The requirements of these Parts are as follows – Part 2. – (Vegetation) A person must not burn any vegetation: a) in the open, or b) in an incinerator Except in accordance with an approval.

Part 3. – (all other waste) A person must not burn anything (other than vegetation): a) in the open, or b) in an incinerator Except in accordance with an approval.

APPROVALS Under Regulation 13 of the POEO (Clean Air) Regulation 2010, Approvals may be granted so as to permit open burning in circumstances where it would otherwise be prohibited. Council may grant an Approval for the purposes of Part 2 Schedule 8 in respect of the burning of dead and dry vegetation:

to any class of persons--by means of a notice published in the Gazette and in such other manner as the Council is satisfied is likely to bring the notice to the attention of persons of that class, or

to any particular person--by means of a written notice given to the person.

Council must take the following matters into consideration before issuing any such approval:

the impact on regional air quality and amenity, the impact on local air quality and amenity, the feasibility of re-use, recycling or other alternative means of disposal, any opinions of the sector of the public likely to be affected by the proposed

approval,

In relation to the issuing of Approvals, it is considered that Council’s adopted Policy for the Control of Open Burning will establish the “class of persons” to which Approvals can be assumed (General Approval) and those particular persons or circumstances that would require a merits based Approval( ie where the General Approval doesn’t apply) POLICY STATEMENT OBJECTIVES The objective of this policy is to exempt rural landholders and property owners outside urban areas from the effect of listing on Schedule 8 Part 2 of the Protection of the


Environment Operations (Clean Air) Regulation 2010, by providing a general approval for the burning of vegetation subject to conditions. It is also an objective of this policy to recognise that within towns and villages, there may be circumstances where the open burning of vegetation may be appropriate with approval from Council. AIMS Specifically this policy aims to:

define the class of persons that have General Approval to burn dead and dry vegetative materials under the Protection of the Environment Operations (Clean Air) Regulation 2010- Schedule 8 part 2.

define the circumstances where a permit may be issued when a General Approval does not exist to burn dead and dry vegetative materials under the Protection of the Environment Operations (Clean Air) Regulation 2010- Schedule 8 part 2.

outline under what conditions an approval to burn dead and dry vegetative materials in the open is granted.

1. GENERAL APPROVAL (no permit required)

Open burning and burning in an incinerator in Dungog Shire Council Local Government area is prohibited except in accordance with an approval under Clause 13 of the Protection of the Environment Operations (Clean Air) Regulation 2010 or the Rural Fire Act 1997 and Rural Fires Regulation 2013.

This policy provides a General Approval for the open burning of dead and dry vegetative material on parcels of land that meet the following prescribed criteria.

a) Land must be zoned RU1 (primary production) R5 (large lot residential) E3 (environmental management) E4 (environmental Living) E1 (national parks and nature reserves) RU1 (primary production) RU3 (forestry)

b) Conditions

Vegetation must have accumulated on the subject land during the normal use of that land. Ie not brought to the land from another land parcel.

An open fire must not be less than 25 metres from any dwelling. Adjacent property owners must be given 24 hours notice (verbal or written) of

an intention to burn. An open fire must be supervised at all times. All combustible material within a 4.5 metre radius of the fire must be removed. Burning should only take place when weather conditions are calm and predicted

to remain so. Burning should not cause a smoke hazard. The lighting of open fires is not permitted before 8.00am or after 4.00pm.


Approval to burn does not apply during proclaimed ‘No Burn Days’ and a ‘Total Fire Ban’.

Land managers/owners must contact the Rural Fire Service or Fire and Rescue NSW (FRNSW), depending on the fire district location of the property, prior to lighting.

Approval to burn in the open from Fire and Rescue NSW (where the property is located within the FRNSW fire district) is required all year round.

Approval to burn in the open from New South Wales Rural Fire Service is required during the Statutory Bush Fire Danger Period.

Approval to burn under this Policy is only for the purpose of waste disposal of dead and dry vegetative material. An ‘approval to burn’ does not mean approval to burn for bushfire hazard reduction or clearing of vegetation other than clearing for agricultural purposes as prescribed in the Protection of the Environment Operations (Clean Air) Regulation 2010.

2. NO GENERAL APPROVAL (permit required) Open burning and burning in an incinerator in Dungog Shire Council Local Government area is prohibited except in accordance with an approval under Clause 13 of the Protection of the Environment Operations (Clean Air) Regulation 2010 or the Rural Fire Act 1997 and Rural Fires Regulation 2013.

This policy generally prohibits open burning of waste and dry vegetative material in areas zoned:

R1 (general residential) RU5 (village) B2 (local centre) B4 (mixed use) IN1 (general industrial) SP2 (infrastructure) RE1 (public recreation) RE2 (private recreation)

as it is considered that burning in these zones, on smaller parcels of land, is more likely to have detrimental effects on human health and the environment. Council may however consider issuing a permit to landholders in these zones for the open burning of dead and dry vegetation after a merits based assessment has been carried out.

a) Considerations

In considering whether to issue a permit for the open burning of vegetation (when a general approval does not exist), Council will have regard to the following matters:

The land parcel shall be greater than 4000sqm in size. Whether burning in the open or in an incinerator is the most practicable means

as are necessary to prevent or minimise air pollution. The potential for smoke impacting on any person having regard to wind

direction, weather conditions, and the length of time that the material being burnt is likely to burn,


Whether reasonable measures have been taken to ensure that the material being burnt is not wet,

That the material is suitable for disposal by burning, having regard to possible effects on human health and the environment.

b) Conditions Any approval to burn vegetation in the open is subject to the following conditions;

An approval remains in force for a period of 12 months (or such other period as is specified in, or implied by, the approval) from the date it is granted unless sooner revoked by Council

Vegetation must have accumulated on the subject land during the normal use of that land. Ie not brought to the land from another land parcel.

An open fire must not be less than 25 metres from any dwelling. Adjacent property owners must be given 24 hours notice (verbal or written) of

an intention to burn. An open fire must be supervised at all times. All combustible material within a 4.5 metre radius of the fire must be removed. Burning should only take place when weather conditions are calm and predicted

to remain so. Burning should not cause a smoke hazard. The lighting of open fires is not permitted before 8.00am or after 4.00pm. Approval to burn does not apply during proclaimed ‘No Burn Days’ and a ‘Total

Fire Ban’. Land managers/owners must contact the Rural Fire Service or Fire and Rescue

NSW (FRNSW), depending on the fire district location of the property, prior to lighting.

Approval to burn in the open from Fire and Rescue NSW (where the property is located within the FRNSW fire district) is required all year round.

Approval to burn in the open from New South Wales Rural Fire Service is required during the Statutory Bush Fire Danger Period.

Approval to burn under this Policy is only for the purpose of waste disposal of dead and dry vegetative material. An ‘approval to burn’ does not mean approval to burn for bushfire hazard reduction or clearing of vegetation other than clearing for agricultural purposes as prescribed in the Protection of the Environment Operations (Clean Air) Regulation 2010

REVIEW DATE September 2020.

RELATED POLICIES Dungog Shire Council Local Environment Plan 2014

Date Policy Adopted Minute No Authority

15 July 2008 34125 Council Resolution


4. REGIONAL FLYING FOX EDUCATION PROJECT- LITTLE AUSSIE BATTLERS

FILE NO: EF08/213

ANNEXURES: C Brochure – Little Aussie Battlers



Natural Environment - Maintain a strong regional approach to the management of our environment.

DELIVERY PROGRAM: 9.4.1 Work Closely with State agencies to improve communication and co-ordination regarding land management issues

OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: The purpose of this report is to advise of and to provide information regarding Councils involvement in a Regional Flying Fox education project - Little Aussie Battlers.

******** The Environment Division of Hunter Joint Organisation of Council’s has coordinated and delivered the initial stages of an education project aimed at increasing the community’s awareness and appreciation of the role of Flying Foxes in our environment. This project has been delivered in partnership with the 10 member Councils of the Hunter JO utilising an Environmental Trust Grant with a value of $100,000 over 3 years. The relevance and need for such a program has been highlighted in recent years through several examples of the conflict that arises when a flying fox camp establishes within or adjacent to a residential area. (Singleton, Cessnock, Maitland) In such cases, it has been found that community understanding of the issues surrounding flying foxes has been minimal and this has impacted on the effective management of these camps. The value and vulnerability of Flying Foxes Flying-foxes are keystone pollinators and seed dispersers of the Australian bush. Pollen sticks to their fur while they’re feeding on the nectar of flowers, and then as they fly off, they are able to pollinate many trees over long distances. Flying-foxes create new forests by dispersing seeds from the fruit they eat. They are vegetarians that forage on the fruit of over 50 native rainforest trees and vines. Their excellent vision and keen sense of smell helps them navigate their way over vast landscapes. Each flying-fox can spread up to 60,000 seeds across a 50 kilometre stretch of land in one night. Because they play a role in propagating native trees and plants, without them it is likely that food and shelter for native animals, habitat for bird life and the revegetation of forests would be severely impacted. Due to loss of habitat and climactic changes, flying fox numbers are falling dramatically. The Grey-Headed Flying-fox is now listed as vulnerable to extinction.


The loss of natural habitat and food availability has seen Flying Foxes increasingly set up camp near towns in search of food and shelter, affecting residents and communities. Why do Flying foxes conflict with humans? The education project does not aim to solve the conflict issues associated with Flying foxes but aims to increase community understanding. Some of the issues surrounding Flying foxes and the responses of the education project are:

FLYING-FOXES ARE PESTS AND SERVE NO PURPOSE IN OUR ENVIRONMENT

Message - Flying foxes play a vital role in pollination and in seed dispersal in our native forests. No me, no tree.

FLYING-FOXES ARE DIRTY ANIMALS

Message - Flying foxes are exceptionally clean animals and they invert or hang right side up in order to avoid soiling themselves.

FLYING-FOXES CARRY RABIES

Message - Flying-foxes do not have rabies. Flying-foxes are regarded as the natural reservoir of Australian Bat Lyssavirus which is similar, but not the same, as rabies. Only a very small percentage of flying-foxes (less than 1%) are infected with Australian Bat Lyssavirus.

YOU CAN CATCH AUSTRALIAN BAT LYSSAVIRUS FROM TOUCHING FLYING-FOX DROPPINGS

Message - Australian Bat Lyssavirus is a virus that is similar to rabies. The virus can only be transmitted through contact of mucous membranes (including the eye) or broken skin with the saliva or neural tissues of a bat. To date there have only been three confirmed cases of Australian Bat Lyssavirus in humans. These have all occurred in Queensland and were the result of direct flying-fox bites or scratches during the handling of infected animals.

YOU CAN CATCH HENDRA FROM TOUCHING FLYING-FOX DROPPINGS

Message - People do not catch Hendra Virus from flying-foxes. Hendra virus is an influenza-like virus and infection in horses and humans is rare. There is no evidence of bat-to-human, human-to-human, bat-to-dog or dog-to-human transmission of Hendra virus. It is thought that horses may contract Hendra virus infection from eating food recently contaminated by flying-fox urine, saliva or other body fluids. All seven confirmed cases of Hendra virus in humans have been caused by exposure to high levels of virus in body fluids from infected horses, and all occurred in Queensland. Flying fox camps in Dungog Shire The NSW Office of Environment and Heritage has developed an interactive Flying-fox web viewer to visually present the camp census data collected via the National Flying-fox Monitoring Program. The viewer shows camp occurrences including the numbers of each species counted over time. It can be found at - http://www.environment.gov.au/biodiversity/threatened/species/flying-fox-monitoring


In the Dungog Local Government area there are identified Flying Fox camps at the following locations:

Tocal Clarence Town East Gresford Main Creek Glen William

Whilst the camps in our Shire do not currently severely impact on residential areas, circumstances can change at any time which could necessitate Council action to address camp management as a land owner. It is considered that the dispersal of information aimed at informing the community, whether impacted or not, of the issues surrounding Flying Foxes will assist this process in the future. Education Project Resources The Regional Education project is titled “Little Aussie Battlers” and the first stage of this has provided the following resources for unfettered Council use:

Partnership in the copyrighted Little Aussie Battlers theme Pamphlets and brochures (sample provided in Annexure ‘C’) Posters Radio ad FAQ sheet Customer services script Social media tiles Link to website www.littleaussiebat.com.au

It is anticipated that this information can be distributed through Council’s website, social media outlets and local media. The Hunter JO is further investigating a Regional approach to delivering this education program eg radio and other media advertising, which Dungog Shire will benefit from. The Joint Organisation is seeking interest from member Councils in providing further funding to extend the regional media campaign; however it is unlikely at this stage that Council would be in a position to contribute to this.

IMPLICATIONS Finance and Resourcing No further resources are required as a result of this report. Previous Council Resolutions There is no previous resolution of Council in regard to this matter. Statutory The four flying-fox species found in Australia (Grey-headed Flying Fox, Black Flying-fox, Little Red Flying-fox and the Spectacled Flying-fox) are all protected under various state environmental legislations as native animals. Species in NSW are protected under the National Parks and Wildlife Act 1974. Councils as land managers, where there are impacts, are responsible for developing and implementing Camp Management Plans which are reviewed and supported by Office of the


Environment and Heritage and are also required to comply with Federal Government protection requirements. The management activities that Councils can utilise at any given flying-fox camp are governed by these Camp Management Plans, approved Conservation Licences and the National Status of the Camp in question (some Camps (none in Dungog Shire) are designated as Nationally Significant which will restrict the types of activities that can be carried out on site). Over the past decade, a number of Camp dispersals have been carried out in Queensland, New South Wales and Victoria, in an attempt to move large Camps of Flying-foxes on when they are creating too much conflict with communities. Unfortunately, the scientific findings of research into the effectiveness of dispersals suggests they are largely unsuccessful. Consultative The Regional Education Project was designed by consultant Rolling Ball Productions who consulted the 10 partner Councils in relation to the desired messages.


ANNEXURE ‘C’


5. HUNTER JOINT ORGANISATION ENVIRONMENT DIVISION - OPERATIONAL REPORT

FILE NO: EF08/211

ATTACHMENT: 2 Hunter JO - Environment Division Operational Report August 2018



Natural Environment – Maintain a strong regional approach to the management of our natural environment.

DELIVERY PROGRAM: 9.1 Involvement in HCCREMS

OFFICERS RECOMMENDATION: That Council accept the operational report of Hunter Joint Organisation’s Environment Division. Precis: The purpose of this report is inform Council of the activities of Hunter Joint Organisation’s Environment Division through the submission of the organisation’s Operational Report for the period January to June 2018.

******** Council is a member of The Hunter and Central Coast Regional Environmental Management Strategy (HCCREMS) which is a program including 11 Councils of the region. HCCREMS was established in 1996, and is managed by the Hunter Joint Council’s Environment Division in partnership with member Councils, as well as state and federal agencies, NGOs and community networks and associations. Initiatives undertaken by HCCREMS are identified through a 3-year strategic planning process endorsed by the Directors of each member Council’s Environment and/or Planning Departments. Dungog Shire is represented by the Manager Environmental Services on the Director’s Forum. Council commits to HCCREMS financially through an annual membership fee but also contributes to HCCREMS programs through staff time and other in kind resourcing. In return, Council enjoys the benefits of HCCREMS membership and the services provided by the Hunter JO’s Environment Division including:

Facilitation of regional cooperation on the development and delivery of a range of environmental management and protection projects targeting natural resource management, biodiversity conservation, waste management and recycling, urban sustainability, environmental compliance, climate change and community education,

Promotion of Ecologically sustainable development and assisting Councils to be

leaders in their communities on ESD matters.

Coordination and promotion of cost effective and sustainable environmental management practices and solutions, through regional cooperation in research, capacity building, planning and information exchange between the member Councils.


Attracting funding and resources to the region to design and deliver innovation and

best practice in environmental management policies, practices and programs.

The activities and achievements of the Environment Division are presented in an operational report every six months. The Operational report for the first 6 months of 2018 is provided in Attachment ‘2’. It is considered important that Council be made aware of the body of work contained in these reports to not only reconcile the benefits of HCCREMS membership but to be in a position to disseminate information to the community in relation to the Environmental management activities occurring locally and regionally.

IMPLICATIONS Finance and Resourcing A recurrent budget of $14,276 is allocated in this financial year as adopted by Council for HCCREMS membership. No further resources are required as a result of this report. Previous Council Resolutions There is no previous resolution in regard to this matter apart from previous activity reports being received and noted. Consultative Whilst matters considered relevant to Dungog Shire are reported as the need arises, it is important that Council remain abreast of the activities of HCCREMS and also Hunter Councils Environment Division in order to get the best advantage from membership of the organisation. The Environment Division publishes 6 monthly activity reports and these are reported to Council for information purposes.


INFRASTRUCTURE AND ASSETS DEPARTMENT REPORT

1. PUBLIC GATES APPLICATION ON BOONABILLA ROAD, CARRABOLLA

FILE NO: EF08/194

ANNEXURES: Nil

AUTHOR: Assets and Facilities Manager


Public Infrastructure and Services

DELIVERY PROGRAM: Strategy 1: Improve functionality of our road Network

f The Road OFFICERS RECOMMENDATION: 1. That the Application for two public gates on Boonabilla Road, Carrabolla, be advertised in

accordance with Council’s Advertising Policy. 2. If no objections are received the application is determined under delegation. 3. If the application attracts objections then the application is to be returned to Council for

their consideration. 4. The Applicant be advised of Council’s resolution. Precis: Reporting on an application to erect two public gates on Boonabilla Road, Carrabolla.

********** Council has received an application to place two public gates (without grids) on Boonabilla Road, Carrabolla in accordance with Council’s “Public Gates/Public Grid” Policy C3:19. The applicant is proposing to install double gates at each location to give a clear opening area of 7m wide. The fence to adjoin the gates is proposed to be wooden posts with a pipe top rail and stock proof wire. This proposal is in accordance with the Council’s “Public Gates/Public Grid” Policy C3:19.


FINANCE AND RESOURCING

All costs associated with the construction of this proposal will be borne by the applicant.

Council’s processing costs and ongoing costs are covered by the application fee and the annual fee as listed in the fees and charges.

IMPLICATIONS Statutory This process meets the requirements of Council Policy C3:19 - Public Gates/ Public Grids and consequently the requirements of the NSW Road Act 1993 and NSW Roads Regulation 2008. Consultative/ Community The recommendations of this report are to advertise this application in accordance with Council’s Advertising Policy.

Portion 3 DP 752447


2. WORKS PROGRESS REPORT

FILE NO: EF02/208

ANNEXURES: ‘A’ Major Works to continue or commence in the next 3 months

AUTHOR: Works Manager


Public Infrastructure & Services

DELIVERY PROGRAM: 8. Council Programs and Activities Supporting Public

Infrastructure and Services

OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: Reporting on construction and maintenance works undertaken in August 2018.

******

Works carried out during August 2018:- Road and Bridge Construction

Sealed Road Maintenance

Dowling / Hooke Street (Roundabout) - Concrete civil works, lighting and gardens. Bullockeys Bridge - Pile and abutment construction. Wheelabout Bridge - Pile and abutment construction. James Bridge - Bridge approach works. Dowling / Chapman Street (Pedestrian Blisters) - Gardens completed. Limeburners Creek Road - Earthworks, Pavement and Drainage Works.

Tar Patching - Clements Road, Lewinsbrook Road, Pinebrush Road, Glen William Road, Glen Martin Road, Black Camp Creek Road, Fords Road, Glen Martin Road, Alison Road, Flat Tops Road, Hilldale Road, Horns Crossing Road, View Street, MR101, RR7778, MR128, Martins Creek Road, Black Rock Road, Fosterton Road.

Kerb and Gutter Works - Main Street, Paterson.

Shoulder Grading - Allyn River Road, Paterson River Road, RR7764.

Heavy Patching - RR7764, Allyn River Road.

Drainage works - MR301, MR101, Main Creek Road, Glen Martin Road.

Other Works - Clean up Gostwyck Intersection stockpile site.


Unsealed Road Maintenance

Gravel Sheet

- Allyn River Road, Shellbrook Road, Wallaringa Road, Cox’s Creek Road, Morris Lane, Hart Street.

Maintenance Grade - Allyn River Road, Shellbrook Road, Wallaringa Road, Cox’s Creek Road, Morris Lane, Hart Street.

Drainage - Allyn River Road, Shellbrook Road, Wallaringa Road.

Bridge, Concrete and Other Maintenance Works

Shire Playgrounds - Softfall maintenance.

Bennett Park - Top dressing of Oval.

Weed Spraying - Dowling Street.

Bridge Maintenance - Banfield Bridge, Dowlings Bridge, Cemetery Road Bridge, Rocky Creek Bridge.

Roadsides Roadside slashing was undertaken on Salisbury Road, RR7764, Stroud Hill Road, Chichester Dam Road, Main Creek, MR101. Sporting Grounds:- No sporting grounds were mown during the month of August. Parks/Reserves/Cemeteries:- The following Parks, Reserves and Cemeteries were mown (the number of mowings is shown in brackets):- Jubilee Park (1), Lioness Park (Scott Avenue) (1), Frank Robinson Memorial Park (1), Apex Park (1), Coronation Park (1), Phillips Creek Reserve (1), Clarence Town SOA (1), John Tucker Park (1), Kings Wharf Reserve (1), Orana Park (1), Vacy Park (2). Major Works scheduled to be continued or commenced in the next 3 months:-

Attached as Annexure ‘A’ is a list of the major works scheduled for the forthcoming 3 months. IMPLICATIONS Finance & Resourcing Works are undertaken as per Council’s Operational Plan and budgetary constraints. Previous Council Resolutions Not Applicable Implementation Not Applicable


ANNEXURE ‘A’

Work Location / Description

Proposed Works Status

Dowling Street/Hooke Street Roundabout

Construction of a Roundabout and associated blisters.

Roundabout is practically complete. Hydrants require raising and monument signage to be installed.

James Bridge (Innovation Fund)

Replacement of existing timber bridge with single lane concrete structure.

Bridge works complete with guardrail to be installed.

Wheelabout Bridge (Fixing Country Roads)


Bridge contract has been awarded to Bridge Build and Civil Pty Ltd. Contractor is onsite undertaking construction.

Bullockeys Bridge (Fixing Country Roads)


Bridge contract has been awarded to Saunders Civil Pty Ltd. Contractor is onsite undertaking construction.

Tucker Park, Paterson Amenities Upgrade

Construction of new amenities building and BBQ shelter

Development application being processed.

MR101, Maitland Road Paterson

Road Reconstruction between Williams Street and Albert Street.

Designs being finalised with works scheduled to commence in September.

MR101 – Clarence Town Road – Parer’s Hill (Blackspot)

Widening of Shoulders and installation of Guardrail

Works scheduled to commence in September.

Allyn River Road – North of Camyr Allyn Bridge.

Reconstruction of 1.0km of Allyn River Road.

Design being undertaken. Works Scheduled to commence in late October.

Dowling Street between Mary Street and Mackay Street

Reconstruction of 3 blocks of Dowling Street

Design being finalised for review by ‘A’ Ward Councillors prior to Public Exhibition. Design and contract for movement of water main being finalised with Hunter Water – relocation to be undertaken in late 2018. Actual pavement work to commence in 2019.


CORPORATE SERVICES DEPARTMENT

1. STATEMENT OF INVESTMENTS

FILE NO: EF08/220

ANNEXURES: A Statement of Investments

AUTHOR: Ben Hamilton


Council Governance & Finance - Council undertakes prudent financial management to ensure its long-term viability

DELIVERY PROGRAM: 5.4 Finance – Investments

OFFICERS RECOMMENDATION: The report be received and the information noted. Precis: Clause 212 of Local Government (General) Regulation 2005 requires a monthly report to Council outlining all money’s Council has invested under Section 625 of the Local Government Act.

********** The Statement of Investments as at 31 August 2018 incorporating the Responsible Accounting Officer's Certificate is attached as Annexure ‘A’. Background A significant component of the financial assets of Council is Restricted as per Australian Accounting Standard AASB 107. These Restrictions are either externally enforceable (ie domestic waste management) being usable only if meeting legislative criterion, or internally restricted (ie quarry rehabilitation) being usable with resolution of Council and in accordance with both Accounting Standards and Office of Local Government Regulations. The Council is currently custodian of $17,253,634.75 in cash or cash like deposits. Of this, 95.3% is held as Restricted Assets, not usable for general operating purposes rather constrained as described above. These Restricted Assets are split, 47.3% External and 52.7% Internal. IMPLICATIONS Financial There are no financial, statutory, environmental, community or consultative implications associated with this report.


ANNEXURE ‘A’

Investment Summary as at 31 August 2018

Cash at Call 503,634.75Term Deposits 8,500,000.00Floating Rate Notes 8,250,000.00Total Investments $17,253,634.75

Portfolio Listing: Term Deposits:

Institution Period Due Date Interest Total

MMBS 180 05-Sep-18 2.600% $500,000.00 MMBS 210 05-Oct-18 2.600% $500,000.00 CBA 240 19-Dec-18 2.660% $500,000.00 NAB 182 07-Jan-19 2.720% $500,000.00 NAB 238

17-Dec-18 2.640% $500,000.00 NAB 255

14-Jan-19 2.670% $500,000.00 NAB 182 21-Aug-18 2.480% $500,000.00 NAB 239 08-Nov-18 2.590% $500,000.00 Bendigo Bank 248 08-Feb-19 2.700% $500,000.00 Bendigo Bank 266

01-Mar-19 2.800% $500,000.00 Bendigo Bank 290 25-Mar-19 2.800% $500,000.00 Bendigo Bank 307

16-Apr-19 2.800% $500,000.00 Bendigo Bank 310

02-May-19 2.800% $500,000.00 Bendigo Bank 336

28-May-19 2.800% $500,000.00 IMB 180 07-Aug-18 2.500% $500,000.00 IMB 196 21-Feb-19 2.750% $500,000.00 IMB 190 06-Dec-18 2.700% $500,000.00

Total Term Deposits $8,500,000.000

Other Investments:

Institution Investment Type Due Date Yield Total

CUA FRN 20/03/2020 BBSW+130 $750,000.00

CBA FRN 17/07/2020 BBSW+90 $1,000,000.00

CBA FRN 25/07/2022 BBSW+88 $1,000,000.00

ME Bank FRN 6/04/2020 BBSW+125 $1,000,000.00

ME Bank FRN 6/04/2020 BBSW+125 $500,000.00

BOQ FRN 24/06/2019 BBSW+110 $500,000.00

BOQ FRN 18/05/2021 BBSW+102 $500,000.00

BOQ FRN 3/02/2023 BBSW+143 $1,000,000.00

Bendigo FRN 25/01/2023 BBSW+109 $1,000,000.00

NPBS FRN 6/02/2023 BBSW+140 $1,000,000.00

NAB At Call At Call 0.95% $ 503,634.75

Total Other Investments $8,753,634.75


Financial Institution Distribution:

Investment Maturity Distribution:

I hereby certify that the above Investments have been made in accordance with the Local Government Act 1993, Local Government (General) Regulation 2005 and Council's Investment Policy.

S Chandler RESPONSIBLE ACCOUNTING OFFICER

17.40%

4.34%

8.74%

11.59%

23.17%

14.48%

5.79%

5.80%

8.69%

National Australia Bank

Credit Union Australia

Members Equity Bank

Bank of Queensland

Bendigo Bank

Commonwealth Bank

Maitland Mutual Building Society


2. WORKS COST STATEMENT

FILE NO: EF08/221

ANNEXURES: B Works Cost Statement

AUTHOR: Ben Hamilton


Council Governance & Finance - Council undertakes prudent financial management to ensure its long-term viability.

DELIVERY PROGRAM: 5.1.1 Continue to provide monthly works cost statement to Council.

OFFICERS RECOMMENDATION: The report be received and the information noted. Precis: A selective summary of expenditures on capital works and maintenance expense areas within Council’s roads, bridges, cemeteries, toilets, parks and sports grounds cost centres.

******** The Works Cost Statement for the period ending 31 August 2018 is attached for Councillors information as Annexure ‘B’. Maintenance Works While early in the new financial year, Council has tracked slightly under budget at 13.2% overall for Maintenance Works. Major works undertaken in August, contributing to expenditure includes Rural Roads Unsealed Maintenance, including gravel sheeting and maintenance grading and Unsealed road drainage conducted at Allyn River Road, Shellbrook Road and Wallaringa Road. Roads & Maritime Services (Including Grants) The majority of expenditure reported in August correlates to the continuation of works on MR101 in various locations. Capital works included, Dowling Street Roundabout, where concrete civil works, lighting and gardens were completed. Bridge and approach work construction, including pile and abutment construction on Bullockeys Bridge, Wheelabout Bridge and James Bridge (Innovation Fund) and Earthworks and Drainage works along Limeburners Creek Road, with necessary pavement (Roads to Recovery funded). The works progress report within the Infrastructure & Assets area provides further information on some items in this report, including scheduled dates for commencement for individual projects and works undertaken in the prior month. The Infrastructure & Assets Department will provide further reports to Council regarding any major over-expenditure items.


ANNEXURE ‘B’

Works Cost Statement 2019

Description Original Amended Revised Expend %

Vote 2018/19 Vote Aug-18 Spent

Urban Roads Maintenance 207,733 207,733 23,009 11.1%

Urban Roads Reseals 82,243 82,243 1,455 1.8%

Rural Roads Sealed Maintenance 644,783 644,783 111,652 17.3%

Rural Roads Reseals 361,386 361,386 0 0.0%

Rural Roads Unsealed Maintenance 458,592 458,592 132,220 28.8%

Bridges Maintenance 472,626 472,626 44,661 9.4%

Tree Planting & Maintenance 1,173 1,173 967 82.4%

Traffic Facilities 61,394 61,394 2,399 3.9%

Footpaths M & R 53,917 53,917 554 1.0%

Sporting Grounds 76,930 76,930 5,338 6.9%

Parks & Reserves 108,300 108,300 16,516 15.3%

Public Conveniences 66,610 66,610 14,413 21.6%

Public Cemeteries 39,920 39,920 4,087 10.2%

Total Maintenance Works 2,704,347 2,704,347 357,271 13.2%

RMS Ongoing Services

Regional Roads Maintenance 902,700 902,700 165,129 18.3%

Regional Roads Reseals 237,660 237,660 2,556 1.1%

Traffic Facilities 56,000 56,000 6,467 11.5%

RMS Grants - Repair/Auslink/Blackspot

MR101 - South of William to Albert 1,322,400 1,322,400 51,317 3.9%

MR101 - Dowling - Mary to Mackay (Grant) 1,260,000 1,260,000 18,301 1.5%

MR101 - Dowling - Mary to Mackay (Council) 879,500 879,500 0 0.0%

MR101 - Dungog Road East of Merchants 510,000 510,000 0 0.0%

RR7764 Allyn River Road 1.2km North of CA Bridge 677,000 677,000 13,569 2.0%

MR301 Clarence Town Rd Parers Hill 260,000 260,000 1,276 0.5%

RR7764 Bingleburra Rd Jersey Kerb 190,000 190,000 0 0.0%

Total RMS Capital Works 6,295,260 - 6,295,260 258,615 4.1%

Road Construction

Coulston Bridge 1,050,610 1,050,610 0 0.0%

Spooner Bridge 1,028,500 1,028,500 0 0.0%

Wheelabout Bridge 1,610,510 1,610,510 169,698 10.5%

Bullockeys Bridge 1,670,504 1,670,504 187,715 11.2%

Limeburners Creek Road - West of Boatfalls 351,470 351,470 280,279 79.7%

Total Other Capital Works 5,711,594 - 5,711,594 637,692 11.2%

-

Total Capital Works 12,006,854 - 12,006,854 896,307 7.5%


3. COUNCILLORS TRAVELLING & OTHER EXPENSES

FILE NO: EF08/222

ANNEXURES: Nil

AUTHOR: Shaun Chandler


Council Governance & Finance - Councillors are responsive, accessible and actively involved within local communities

DELIVERY PROGRAM: 1.1 Councillor representation

OFFICERS RECOMMENDATION: The report be received and information noted. Precis: Report on Councillors travelling for Councillors information.

********** Hereunder is a list of meetings/inspections or business of Council held/to be held since the August Meeting of Council. Gresford School of Arts AGM 21/08/18 Community Safety Precinct Meeting 22/08/18 Dungog District Chamber of Commerce Meeting 23/08/18 Briefing on Newcastle Airport 24/08/18 RFS District Liaison Committee 27/08/18 Clarence Town Museum and Strategic Planning Workshop 27/08/18 Local Traffic Committee 28/08/18 DRT and Hunter RDA Discussions 29/08/18 James Theatre Committee Meeting 3/09/18 Dungog Showground Committee Meeting 6/09/18 Solar Presentation to Council 10/09/18 Hunter Development Corporation Meeting 11/09/18 SSA Ltd Board Meeting 13/09/18 Ordinary Council Meeting 19/09/18 IMPLICATIONS There are no financial, statutory, environmental, community or consultative implications associated with this report. Council’s travelling costs are currently within budget.


GENERAL MANAGER

1. 2018/19 FINANCIAL ASSISTANCE GRANT

FILE NO: EF07/67

ANNEXURES: Nil

AUTHOR: The General Manager


Public Infrastructure & Services

DELIVERY PROGRAM:

Strategy 1: Improve the safety and functionality of our road network. Strategy 4: Ensure our local bridge network is safe and able to accommodate heavy vehicle load requirements.


That the report be received and the information noted.

Precis: Reporting on correspondence from the NSW Local Government Grants Commission.

****** Council has received advice as regards the 2018/2019 estimated Financial Assistance Grant allocation provided to Council. Council’s grant allocation is as follows: Year General Purpose Local Roads Total Change 2018/19 $1,664,559 $911,110 $2,575,669 5.3% 2017/18 $1,565,794 $880,586 $2,446,380 The comparative reflects an increase in the Councils general purpose component of 6% from the 2017/18 figures. Effectively Council will receive a payment of $1,664,559 (general purpose) and $911,110 (local roads) which in total is $184,712 greater than budgeted as the grant figures are adjusted at year end to reflect CPI and population adjustments by the Federal Government. The increase in the General Purpose component this year for Council compares favourably with the total increase to NSW of 3.7%. IMPLICATIONS Finance and Resourcing Budget allocations will be adjusted favourably for the General Purpose component by $141,199 and the roads component by $43,513. Previous Council Resolutions

Minute No. 36828 21 July 2015 Minute No. 36556 16 September 2014


2. DUNGOG PLACE-MAKING PROJECT

FILE NO: EF16/68

ANNEXURES: A Correspondence from JOC Consulting



Local Economy - Ensure that appropriate public and private sector agencies and business work co-operatively to strengthen and expand the shire’s economic base

DELIVERY PROGRAM: 2.1 Work with Dungog District Chamber of Commerce to apply for grant funding from Government departments and other agencies.

OFFICERS RECOMMENDATION: 1. That Council note the formal request from JOC Consulting Pty Ltd dated 10 July, 2018;

2. That in response to the JOC Consulting Pty Ltd request, Council rescind item 3 of Minute

No. 37730 from the April 2018 Ordinary Council meeting;

3. That JOC Consulting Pty Ltd manage the $10,000 donation in consultation with the Dungog District Chamber of Commerce with the expenditure to be informed by the Dungog Place Making Strategy.

4. That the remaining $1,000 be used for seating, rubbish bins and general improvement of the footpaths in Dowling Street between Mackay Street and Hooke Street.

Precis:

Reporting on correspondence received from JOC Consulting Pty Ltd requesting Council reconsider item 3 of their resolution of April 2018 regarding the Dungog Place Making Project and their contribution to it.

******** Background Dungog Township was one of 20 towns chosen to receive grant funding from the Department of Industry to develop strategies to make the town centre more vibrant and alive. The original Dungog Place Making Project received funding of $50,000 in total with $30,000 to be spent on “expert” assistance in place-making and a further $20,000 to be spent on concrete place-activation activities. A proposed schedule of expenditure for the place-activation activities was provided to the April 2018 Ordinary Meeting totalling funding of $19,000. The report also informed Council that JOC Consulting Pty Ltd proposed to donate a further $10,000 to the project. At that meeting Council determined a detailed program of expenditure including the original $20,000 grant funding and also the $10,000 donated by JOC Consulting Pty Ltd. Correspondence has since been received from John O’Callaghan, Director of JOC Consulting Pty Ltd (Annexure ‘A’) requesting that the following Item No. 3 of the Motion that was passed at the April Ordinary Meeting which relates to the $10,000 donation by JOC


Consulting be reconsidered and that the expenditure be more aligned with community feedback, as outlined in the Dungog Place Making Strategy:

3. That $1000 and the donation of $10,000 from John O'Callaghan Consulting be used for seating, rubbish bins and general improvement of the footpaths in Dowling Street between Mackay Street and Hooke Street.

John O’Callaghan has requested that JOC Consulting Pty Ltd manage the $10,000 donation in consultation with the Dungog District Chamber of Commerce and that the expenditure be informed by the Dungog Place Making Strategy. IMPLICATIONS Finance and Resourcing The $10,000 donation was made by JOC Consulting Pty Ltd. This money has not been spent and as such can be managed by JOC Consulting as per the officer recommendation. Previous Council Resolutions

MOTION 37730 1. That the report be received and noted; 2. That the following projects be funded from the $20,000 grant from the Future Towns

Project grant: a. $10,000 - Purchase and installation of wayfinding signage around Dowling Street

based on an audit of existing signage and taking account of the outcomes of the Dungog Regional Tourism re-branding exercise which is currently underway;

b. $5,000 - Purchase and installation of a bench table and seating for the forecourt of the Dungog Shire Visitor Information Centre;

c. $2,000 - Upgrading the existing visitdungog.com.au website to make it more interactive and user friendly;

d. $2,000 - Provision of free public Wi-Fi connection at the Dungog Shire Visitor Information Centre;

3. That $1000 and the donation of $10,000 from John O'Callaghan Consulting be used for seating, rubbish bins and general improvement of the footpaths in Dowling Street between Mackay Street and Hooke Street. Moved: Cr J Connors, Seconded: Cr R Booth.

Carried.Statutory The motion may be rescinded in accordance with the Council’s Code of Meeting Practice and Sec 372 of the Local Government Act 1993.


ANNEXURE ‘A’


3. COUNCIL USU PICNIC DAY 2018

FILE NO: EF07/53

ANNEXURES: Nil



N/A

DELIVERY PROGRAM: N/A

OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: Reporting on the United Services Union advising of their Union Picnic Day.

******** Council has received correspondence that the members of the United Services Union will be holding their Union Picnic Day on Friday 2 November 2018 at the Dungog Golf Club. The day commences at 8.30am with registration and induction with golf through until 12.30 pm with BBQ lunch between 12.30pm and 1.30pm, concluding with presentations between 1.30pm & 2.00pm. An invitation is extended to all Councillors and their families to attend if they so wish. Due to the industrial award the picnic day is open to all members of the Union, following advice from the Union as regards their membership the residual staff members of Council would not be sufficient to accommodate the opening of the Councils administrative centre and accordingly the administrative centre will be closed. Non union staff are welcome to attend work and continue with their normal duties unless they seek a leave day. Advertising within the local media will be undertaken to advise of the closure of Council services on this day. Council’s Library will be the only service open on the Picnic Day whilst emergency numbers for roads etc will apply, Council’s phone system will have the messaging system in place to notify the general public. IMPLICATIONS Finance and Resourcing No direct implications, other than the potential impact to customer service. Previous Council Resolutions 18 October 2017 Minute No. 37565 RESOLVED on the motion of Cr Booth and seconded by Cr Riley that the report be received and the information noted.


4. NSW OFFICE OF LOCAL GOVERNMENT CIRCULARS

FILE NO: EF08/142

ANNEXURES: Nil

AUTHOR: Coralie Nichols

OFFICERS RECOMMENDATION: That the report be received and the information noted. PRECIS: Providing a summary of circulars that have been released by the Office of Local Government.

******** The following circulars have been released by the Office of Local Government and the intent of this report is to keep Councillors informed of changes and/or requirements that Council officers may be required to implement. The circulars themselves may be found on the Office of Local Government’s website (www.dlg.nsw.gov.au). It is not the intent to reproduce such circulars but moreso provide them as a point of reference to Councillors should they wish to undertake further research. When there is a requirement to inform Councillors or designated officers of a matter correspondence and attachments will still be submitted to all Councillors in accordance with the requirements of the Director General of the Office of Local Government. Such circulars will be highlighted in bold text. The following Circulars have been released since July 2018.

Date Circular No.

Details

2/8/18 18-20 Guidance to Councils on transitioning to the new Australian Accounting Standards.

16/08/18 18-21 2018-19 Calendar of Compliance and Reporting Requirements

22/08/18 18-22 Release of the Charter for Public Participation – a guide to assist agencies and promote citizen engagement.

IMPLICATIONS There are no implications associated with this report, information only.


REPORTS FROM COMMITTEES AND OUTSIDE ORGANISATIONS

1. COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES

FILE NO: N/A

ANNEXURES: A Management Committee Meeting Minutes

AUTHOR: Coralie Nichols

OFFICERS RECOMMENDATION: That the minutes of the Management Committee Meeting be received and noted. Precis: Reporting on Minutes of Council Management Committee Meetings provided to Council.

******** The minutes of the following Management Committee Meetings are attached as Annexure ‘A’ to this report:

James Theatre Community Centre Committee Meeting held 2 July 2018 James Theatre Community Centre Committee Meeting held 6 August 2018

IMPLICATIONS Financial There are no financial implications the report is for information purposes only.


ANNEXURE ‘A’ JAMES THEATRE COMMUNITY CENTRE MEETING HELD ON MONDAY 2 ND JULY 2018 AT 7‐30 PM IN THE DUNGOG SHIRE COUNCIL MEETING ROOM. PRESENT: M Flannery, L Hughes, F Prentice, J Lyon, K Tickle, N Helyer. APOLOGIES : J Cresdee. MINUTES of the June meeting were confirmed M Flannery sec J Lyon. BUSINESS ARISING Tiles and Fire Safety is ongoing. The first draft of the emergency plan has been given to Nick. The emergency assembly point will be the car park at the Railway Station. S Head has done the work required at no charge to the Committee. “Slippery when Wet” Signs have been purchased at a cost of $79.20 to reimburse L Hughes for the two of them. TREASURER’S REPORT $ 35,833.20 is the balance at present as presented by Liz. As the National Bank is to close on the 20 September, should we change banks?? Jan to ask the Council if we can. GENERAL BUSINESS L Hughes moved that the Friends not pay for the cleaning fee as they are cleaning the theatre themselves, sec N Helyer. Carried. Grants workshop was held be the Council recently, the Secretary has a Project Plan Template which we would need to use if we consider doing a grant. J Lyon to send the Template to all the committee for future reference. On Wednesday night there is an insurance workshop at 6 p.m at the James Theatre which the Council is running. Ken and Margaret to attend. Friends of the James Theatre need a light in the front storeroom. Moved M Flannery sec N Helyer to pay up to $300 to get this done. Hannah Hopson is now in charge of Park Avenue Entertainment. We liaise with her now. Recently there was an accident with one of the hall lights on the wall, the cover was broken, Liz to get a new one. Friends are loosing a projectionist ( K Wittman ) and they are asking for another one. Simon Hinton from the Friends has the Friends Key register list. The Friends have requested another master key for the Science Hub projectionist. Secretary to ask Council for same. Jeff Herrington has been consulted about the old projectors and it is still being worked on. The New Sound System that the Friends recently got, is working very well and they may hire it out for a fee of $200 per time. To have a bond of $300. Repair has been done on the Screen skirt at a cost of $7.80. Moved M Flannery sec J Lyon to pay Liz same as she had purchased items to repair it. NEXT MEETING Monday 6 th August 2018 at 7‐30 pm. MEETING CLOSED 8‐20 p.m. CHAIRMAN


JAMES THEATRE COMMUNITY CENTRE MEETING HELD ON MONDAY 6 TH AUGUST 2018 AT 7‐30 P.M. IN THE DUNGOG SHIRE COUNCIL MEETING ROOM. PRESENT: M Flannery, N Helyer, K Tickle, J Cresdee, F Prentice. APOLOGY: J Lyon, L Hughes. MINUTES of the July meeting were confirmed M Flannery sec N Helyer BUSINESS ARISING Still have to write to Council re key. Fire Safety – Nick has some signs and hats etc for the centre which was given to us by Stephen Dooley. Nick will go to the next Friends meeting to explain it all to them. Insurance work shop attended to by Ken and Margaret. CORRESPONDENCE Letter from the Council Michelle Viola re our electricity account. Joan to give her a copy of our account. The Council have a new surplier / price and to compare with what we have. Shall come back to next meeting. TREASURER’S REPORT Balance of $36,718 moved J Cresdee sec F Prentice. To wait to see if Jan has asked re moving our account to another local bank? GENERAL BUSINESS Submitted a grant application to Create NSW for a regional art based grant for $3,000. This is to put a mural on the disabled toilet. The bricks would have to be rendered etc. If successful we would not have to start till 2019. Liz has purchased the new lampshade for the wall of the dance floor at a cost of $37.40. Trailer of top soil has been put on the lawn at a cost of $50‐00, Moved J Cresdee sec N Helyer to pay Light in landscaping area needs to be fixed. It is a white ball shape, Liz to follow up. Hannah Hopson has cleaned up the dressing room storage and stage room, all looking good now. Dave Watson has installed a fluro light in the front store room and also fixed the ring pulls into the floor box. Two lights in the stageroom and dressing room were out of order. They were emergency lights. Dave has fixed and or ordered parts for same. The black cabinet on the stage was broken and unhinged, S Head has repaired it. ( foc ) Thanks to Steven for doing that. The James Theatre has been booked to hold the Tea Cosy Festival next year. (The same type of one that was held in Morpeth for 30 years) Dates Monday 19 th to Monday 26 th August 2019 NEXT MEETING Monday 3rd September at 7‐30. MEETING CLOSED 8‐05 p.m. CHAIRMAN


2. TRAFFIC AND ROAD SAFETY COMMITTEE

FILE NO: EF08/5

ANNEXURES: ‘B’ Traffic and Road Safety Committee Meeting Minutes

AUTHOR: Michelle Viola


Public Infrastructure and Services

DELIVERY PROGRAM: 1.6 Road Safety

OFFICERS RECOMMENDATION That the Minutes of the Traffic & Road Safety Committee from its meeting of 28 August 2018 be received and adopted subject to the receipt of any submissions regarding the proposed road closures. The Road Precis: Reporting on the Traffic and Road Safety Committee meeting held on 28 August 2018

********** Twelve formal items were considered by the Committee as follows:-

1. PedalFest – Event Traffic Management

2. 2018 Paterson Car and Bike Show

3. Dungog Festival – Temporary Road Closures

4. Paterson Public School

5. Martins Creek Road Centreline at Keppies Road Intersection

6. Martins Creek School Crossing and Bus Stop

7. Vacy Public School – School Crossing

8. Increase No Stopping Zone Opposite Vacy Public School

9. Speeding and Safety of Bus Stops at intersection of O’Loughlin Street and Clarence Town Road

10. Review of School Crossings at Clarence Town Public School

11. Pedestrian Crossing review midblock Dowling Street, between Hooke Street and Brown Street.

12. Intersection alignment of Lord Street and Mackay Street Many of the school crossing recommendations call for submissions to be made for infrastructure grants so that the upgrade to these facilities. Council will continue to make application for these grant rounds to improve safety adjacent to schools.


IMPLICATIONS Finance & Resourcing Items 1, 2 & 3 - Traffic management provisions will be implemented at the expense of the

Event organisers Item 6 This item has been deferred until the next Local Traffic Committee meeting. All items that have signage or linemarking requirements will be undertaken utilising existing Traffic Facilities budget allocations as funding allows. Statutory These items have followed the statutory requirements of the Local Traffic Committee and this report is to finalise this statutory process. Consultative/ Community Community safety is the reason for these recommended changes to the traffic network. These items have all been inspected and assessed by technical persons from RMS, Police and Council to improve the safety for all users of these transport facilities. All road closures have been notified and have a submissions period until 14 September 2018. At the time of writing this report there have been no submissions received.


ANNEXURE ‘B’


NOTICE OF MOTION

1. PROPOSED SRV COMPONENT FOR REGIONAL ROADS

FILE NO: EF08/638

ANNEXURES: Nil

AUTHOR: Councillor Steve Low AM

MOTION That Council delete the component of the proposed SRV for Regional Roads. According to the information presented at Special Rate Variation meetings there is an annual spending shortfall of $1,794,000 for rehabilitation of Regional Roads in Dungog Shire. This is an indictment on the NSW Government rather than Council. These mostly worn out Main Roads were dumped on us in 1995. Henceforth, the NSW Government was supposed to provide funding for maintenance, with rehabilitation costs being shared 50:50 with Council. At the time this cost shifted about $20 million in 1995 dollars onto our ratepayers. To date this requirement has diverted about $10 million away from our local roads and services in 2018 dollars. Furthermore, Dungog Shire has only received half of what is needed from RTA/RMS for proper maintenance while our richer neighbours receive double what we get for the very same roads. And, in competing for limited funds under the REPAIR Program, RMS provides $250,000 annually for rehabilitation projects from a Budget allocation that has not been increased in real terms for 23 years. This obviously falls far short of what should be provided. Moreover, only 15% of the length of Regional Roads in Dungog Shire carry enough traffic to qualify for any rehabilitation funding whatsoever, which leaves the remaining 85% in limbo. The only sections of our Main Roads that generate sufficient traffic counts to qualify for funding are south of Clarence Town, Gostwyck intersection and between Wirragulla and Dungog. A succession of Sydney centric NSW Governments have been made well aware of these shortcomings that fail our community, and in response we have received about $40 million in welcome one off grants, but they have failed to address the unworkable aspects of this policy so that the fundamental shortcomings remain. The continued indifference of the NSW Government to our plight should not be accepted. This is an issue for our politicians to address rather than the public servants of the RMS upon whom the task for review has always eventually fallen. Council carries the responsibility for depreciating these Main Roads. Their expected service life is 30 years but with current RMS funding the SRV information indicates that they are only being rehabilitated every 111 years, ignoring the fact that 85% of their length is ineligible under the REPAIR Program. As the only Council in NSW that does not have a Main Road that is fully funded by the NSW Government, this LGA is doubly disadvantaged because besides having to contribute to their


rehabilitation, we are denied the ongoing benefits from having a single invitation maintenance contract with RMS for their maintenance and we would are responsible for depreciation, which is accelerated due to inadequate maintenance funding. The reason that we do not have a State Road is because of low traffic counts, basically there are too few of us using them. In moving towards “fit for the future”, the proposed SRV requires Dungog Shire ratepayers to address RMS policy shortcomings all by themselves at a cost of about $1 million annually in order to reduce the rehabilitation cycle from 111 to 47 years. The information presented with the SRV proposal presents this requirement without question, and as there has been no resolution to that effect; ratepayers have not been informed why Council would change its approach to the issues. It is obviously inequitable and unreasonable to expect 4917 ratepayers of Dungog Shire to foot the bill to address shortcomings of NSW Government policy. Council has several initiatives in place so we should not abandon expectation of redress and gaining a fairer share of NSW Government funding for our community. It’s not our fault these roads are not “fit the future”, they have never been and unless the RMS policy is addressed, they never will be. Response from Council Officer: CURRENT CLASSIFICATIONS AND RESPONSIBILITY The framework for managing and funding roads, especially Main Roads under the former funding system with the State Government underwent a major review between the State Government, the Local Government Association of NSW and the Shires Association of NSW over the period from 1988 to 1995. The review resulted in significant changes to the responsibilities for management and funding of these road assets and included extensive road classification adjustments. Today, NSW Roads and Maritime Services (RMS) and Councils in NSW identify roads via a three tier hierarchy of State, Regional and Local Roads:

State Roads are those roads with the greatest arterial significance to the State’s commerce and industry. The NSW State Government funds and, through RMS, manages State Roads and is accountable for the outcomes on these roads;

Regional Roads are Council managed roads of regional significance to industry and the community. All NSW Councils are accountable for their respective Regional Roads. The NSW Government, through the RMS, provides a contribution to the management of Regional Roads because of their sub-arterial function;

Local roads provide for local access and circulation within various Local Government areas. Local Roads are the responsibility of the respective Council with only limited funding assistance from the State Government.

The Roads Act 1993, Section 7 states (in part):- 7 Roads authorities

(1) RMS is the roads authority for all freeways; (2) The Minister administering the Crown Land Management Act 2016 is the roads

authority for all Crown roads. (3) The regulations may declare that a specified public authority is the roads authority for

a specified public road, or for all public roads within a specified area, other than any freeway or Crown road.


(4) The council of a local government area is the roads authority for all public roads within the area, other than:

a. any freeway or Crown road, and b. any public road for which some other public authority is declared by the

regulations to be the roads authority. (5) A roads authority has such functions as are conferred on it by or under this or any

other Act or law. In other words, with respect to Regional and Local Roads, all Councils across NSW have ownership and management responsibility as the Roads Authority for those specific road classes. ASSET REHABILITATION AND RENEWAL REQUIREMENTS Calculations based on Dungog Shire Council’s Roads Assets indicate a funding shortfall of $1.794M annually. This is based on 30 year design life and subsequent cyclic Capital Renewal and replacement of this asset class. Please note the indicative amount identified in the proposed Special Rate Variation does not fully meet this requirement but does make significant progress in this area. There is still a need to increase funding for roads beyond the Special Rate Variation and this should be sought through both State and Federal Governments. CURRENT FUNDING ARRANGEMENTS Maintenance The NSW State Government, through the RMS, provides an annual contribution to the Regional Road Network. This funding is known as the Regional Road Block Grant Program and has three components:

A roads component to be spent on roadwork on Regional Roads. A supplementary component, also to be spent on roadwork on Regional Roads. A traffic facilities component which can be spent on work on Regional Roads only, or

on both Regional and Local Roads. A formula based approach, determined by the NSW State Government, is utilised to calculate funding under this agreement and gives significant weighting to traffic volumes utilising the Regional Roads within a Local Government Area. The combined total of this funding in 2017/2018 for Dungog Shire Council was $1.24M. This funding is generally used for general maintenance and repair activities and renewals (reseals). Capital A contribution towards Capital rehabilitation or reconstruction is funded through a competitive program called the REPAIR Program. The maximum funding available is $250,000 per Council which needs to be matched on a 50:50 basis. This funding is applied for annually and Dungog Shire Council must compete with other Local Government areas across the Hunter for funding under this program. Applications for funding under the REPAIR Program must include a Benefit Cost Ratio (BCR) for the specific nominated project. At present, this program favours more heavily trafficked roads. In saying that, Council has had consistent success in gaining funding under this program including projects on MR101, MR301, RR7764 and RR7778. It is, however, fair to say that significant sections of our Regional Road Network on MR128 (Glendonbrook Road), RR7764 (Bingleburra Road) and MR101 (Stroud Hill Road section) will not achieve an adequate BCR to be competitive under the current guidelines for the REPAIR Program. This


equates to approximately 44% of our Regional Road Network that, due to low traffic volumes, would not achieve a sufficient BCR to receive funding under this program. SUMMARY Small rural Local Government Areas across NSW are significantly disadvantaged by the funding profiles and formulas with respect to contributions by the State Government towards the Regional Road Networks. However, regardless of historical decisions, the current reality is that Regional Road Networks state-wide are owned and managed by the respective Local Government Areas (LGA). They are, in essence, generally the connector roads between our communities and also provide important linkages to neighbouring local government areas and beyond. Council needs to continue to pursue the State Government and the RMS to review the processes and formulas for funding these important arterial connections and there is an active process of seeking this review currently in place that the Mayor and General Manager are undertaking on behalf of Council. Council is aware that this matter has been recently raised via written correspondence from the Mayor and in meetings with the following;

Deputy Premier and Minister for Regional NSW the Hon. John Barilaro MP The Minister for Roads, Maritime and Freight the Hon. Melinda Pavey MP The Parliamentary Secretary for Planning the Central Coast and the Hunter The Hon.

Scot MacDonald The Federal Member for Lyne The Hon. David Gillespie The Nationals Member for the Upper Hunter Mr Michael Johnsen MP The NSW Premier and Cabinet Director, Hunter Mr Stephen Wills The NSW Roads and Maritime Services Director Hunter Region Ms Anna Zycki The ALP Candidate for Upper Hunter Mr Martin Rush; and The then Fishers Shooter and Farmers Party Candidate Mr John Preston.

With regard to the above contacts, without exception, each response to Council has been positive. The NSW Minster for Roads, Maritime and Freight has agreed to visit the Dungog Shire and meet with Councillors, the Deputy Premier has advised the Mayor that he is aware of Dungog’s circumstances and is seeking an invitation to visit the Dungog Shire for further discussions, the Parliamentary Secretary for Planning and the Central Coast and the Hunter has commenced discussions with State Government departments regarding a response to Dungog’s roads and bridges issues. The Member for the Upper Hunter has recently met with the Mayor to discuss amongst other matters road funding and at the time of writing this report the Federal Member of Lyne confirmed a meeting with the Mayor on Friday 14 September, 2018. Further, Mr Wills from the NSW Premier and Cabinet and Ms Zycki from RMS have confirmed meetings with the Council on Friday 12 October, 2018 to participate in Council’s Planning Day to further discuss these matters and they both continue to engage with the General Manager in a collaborative manner. Councillors in prioritising this matter also recently formed a Roads and Bridges Portfolio Group consisting of the Mayor Tracy Norman, the Deputy Mayor Digby Rayward and Councillor Glenn Wall. This Portfolio Group’s remit is to further engage with stakeholders regarding the funding of roads and bridges in the Dungog Shire and influence changes to funding formulas and road reclassifications (or alternatives to reclassification). However, in the interim, Council cannot afford to reduce renewals and reconstruction of the Regional Road Network. The Regional Roads are our most important linkages for our rate payers between our local communities and beyond. It is legislated that Council has the management responsibilities for the Regional Road Network and the liabilities that go along with this responsibility. As such, it is of the highest importance that we continue to fund, as best as possible, maintenance and capital renewal of these important assets. Not undertaking required rehabilitation would result in those sections that are in poor condition


deteriorating more rapidly creating both asset condition and significant safety concerns. Similarly, if adequate renewals are also not undertaken, the sections that have been rehabilitated over the past 15 years will not achieve their design lives and will also deteriorate at a greater rate. Therefore, the pursuit of improved funding arrangements from the State Government for Regional Roads is important but cannot be at the exclusion of Council meeting its obligations to these roads. IMPLICATIONS Finance and Resourcing There are no finance implications in relation to the Notice of Motion. Previous Council Resolutions There are no previous Council resolutions pertaining to this matter.

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