minutes of ordinary council meeting of the … · this is page 1 of the minutes of the ordinary...

This is page 1 of the Minutes of the Ordinary Council Meeting held on 15 September 2010 confirmed on 6 October 2010 ...................................................General Manager ……………………………………………Chairperson

MINUTES OF ORDINARY COUNCIL MEETING OF THE CESSNOCK CITY COUNCIL HELD IN COUNCIL CHAMBERS ON WEDNESDAY, 15 SEPTEMBER 2010,

COMMENCING AT 6.30 PM

PRESENT: Her Worship the Mayor, Councillor A Davey (in the Chair) and Councillors Olsen, Pynsent, Maybury, Troy, Ryan, Main, Smith, McCudden, Gorman, Hawkins and Parker.

IN ATTENDANCE: General Manager Directory City Planning Director Infrastructure & Services

Director Corporate & Community Strategic Landuse Planning Manager Corporate Administration Assistant

APOLOGY: MOTION Moved: Councillor Maybury Seconded:

Councillor Hawkins 1116 RESOLVED that the apology tendered on behalf of Councillor Burcham, for unavoidable absence, be accepted and leave of absence granted. FOR AGAINST Councillor Davey Councillor Troy Councillor Parker Councillor Ryan Councillor Gorman Councillor McCudden Councillor Olsen Councillor Main Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (12) Total (0)

CARRIED UNANIMOUSLY


MINUTES: MOTION Moved: Councillor Smith Seconded:

Councillor Parker 1117 RESOLVED that the Minutes of the Ordinary Meeting of Council held on 1 September 2010, as circulated, be taken as read and confirmed as a correct record. FOR AGAINST Councillor Davey Councillor Troy Councillor Parker Councillor Ryan Councillor Gorman Councillor McCudden Councillor Olsen Councillor Main Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (12) Total (0)

CARRIED UNANIMOUSLY


DISCLOSURES OF INTEREST

DISCLOSURES OF INTEREST NO. DI21/2010

SUBJECT: DISCLOSURES OF INTEREST

MOTION Moved: Councillor Olsen Seconded: Councillor Troy 1118 RESOLVED That Councillors now disclose any interests and rea sons for declaring such interest in the matters under consideration by Council at this meeting. EE69/2010 – R3 Medium Density Residential – Mayor Davey declared a Pecuniary Interest for the reason that she owns property within the proposed R3 zone which has the potential to increase in value if the medium density residential options are undertaken on it. The Mayor advised that she would leave the chamber and take no part in discussion and voting on this issue. EE58/2010 – Development Application 8/2009/760/2 - Proposed Deletion of Section 94 Contributions Associated with an Extension to an Ex isting Cellar Door Facility – Councillor McCudden declared a Non Pecuniary – Insignificant Interest for the reason that the proponent in this Development Application ran on an election ticket that he ran on in Cessnock City Council elections 10 years ago. Councillor McCudden advised that he will remain in the Chamber and participate in discussion and voting as the conflict has not influenced him in carrying out his public duty because the proponent and himself have not had any significant association since that election. EE69/2010 – Zone R3 Medium Density Residential – Councillor McCudden declared a Pecuniary Interest for the reason that he own properties in this area. Councillor McCudden advised that he would leave the chamber and take no part in discussion and voting on this issue. EE68/2010 – Zone R2 Low Density Residential - Councillor McCudden declared a Pecuniary Interest for the reason that he own properties in this area. Councillor McCudden advised that he would leave the chamber and take no part in discussion and voting on this issue. EE77/2010 – Zone IN2 Light Industrial - Councillor McCudden declared a Pecuniary Interest for the reason that he own properties in this zone. Councillor McCudden advised that he would leave the chamber and take no part in discussion and voting on this issue. EE68/2010 – Zone R2 Low Density Residential – Councillor Main declared a Pecuniary Interest for the reason that she, her husband and members of her husband’s family own properties in the proposed. Councillor Main advised that she will leave the chamber and take no part in discussion and voting on this issue. EE69/2010 – Zone R3 Medium Density Residential – Councillor Maybury declared a Pecuniary Interest for the reason that he and his wife own land in the area to be zoned R3. Councillor Maybury advised that he would leave the chamber and take no part in discussion and voting on this issue.


EE69/2010 – Zone R3 Medium Density Residential – Councillor Gorman declared a Pecuniary Interest for the reason that he owns property in the proposed zoning area. Councillor Gorman advised that he would leave the chamber and take no part in discussion and voting on this issue. EE89/2010 - Draft Cessnock Local Environmental Plan 2010 – Schedule 1 Additional Permitted Uses – Councillor Troy declared a Non Pecuniary – Insignificant Conflict for the reason that a Director of Insite Planning is a person he plays golf with on occasion and they are consultants to Stonebridge Golf Club. Councillor Troy advised that he would remain in the Chamber and participate in discussion and voting as the conflict has not influenced him in carrying out his public duty because the association hasn’t affected his decision making in relation to Stonebridge Golf Club. EE69/2010 Zone R3 Medium Density Residential – Councillor Ryan declared a Pecuniary Interest for the reason that his wife owns property in this proposed zone which may have its value affected by the rezoning. Councillor Ryan advised that he would leave the chamber and take no part in discussion and voting on this issue. EE68/2010 – Zone R2 Low Density Residential – Councillor Smith declared a Pecuniary Interest for the reason that the zoning proposal has the potential to affect the value of a property jointly owned by him within the proposed zone. Councillor Smith advised that he would leave the chamber and take no part in discussion and voting on this issue. EE66/2010 – Zone R3 Medium Density Residential – Councillor Hawkins declared a Pecuniary Interest for the reason that he owned property in this zone. Councillor Hawkins advised that he would leave the Chamber and take no part in discussion and voting on this issue. EE69/2010 – Zone R3 Medium Density Residential - Councillor Hawkins declared a Pecuniary Interest for the reason that he owned property in this zone. Councillor Hawkins advised that he would leave the Chamber and take no part in discussion and voting on this issue. EE71/2010 – Zone B1 Neighbourhood Centre - Councillor Hawkins declared a Pecuniary Interest for the reason that he owned property in this zone. Councillor Hawkins advised that he would leave the Chamber and take no part in discussion and voting on this issue. EE72/2010 – Zone B2 Local Centre - Councillor Hawkins declared a Pecuniary Interest for the reason that he owned property in this zone. Councillor Hawkins advised that he would leave the Chamber and take no part in discussion and voting on this issue. EE58/2010 – Development Application 8/2009/760/2 - Proposed Deletion of Section 94 Contributions Associated with an Extension to an Ex isting Cellar Door Facility – Councillor Hawkins declared a Non Pecuniary Interest - Insignificant Conflict for the reason that family purchased property from the applicant in 1993. Councillor Hawkins advised that he would remain in the Chamber and participate in discussion and voting as the conflict has not influenced him in carrying out his public duty because they haven’t done business since.


FOR AGAINST Councillor Davey Councillor Troy Councillor Parker Councillor Ryan Councillor Gorman Councillor McCudden Councillor Olsen Councillor Main Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (12) Total (0)

CARRIED UNANIMOUSLY


ADDRESS BY INVITED SPEAKERS The following people addressed the meeting of Council: Speakers Company For /

Against Report Page

No. Duration

Joanne Baker

For AP7/2010 - Request for Sponsorship of egres Studio

10 7 mins

Mr Daryl Heslop

EE58/2010 - Development Application 8/2009/760/2 -

Proposed Deletion of Section 94 Contributions Associated with an

Extension to an Existing Cellar Door Facility

21 7 mins

CONSIDERATION AND ADOPTION OF INFORMATION REPORTS EITHER INDIVIDUALLY OR WITH NOMINATED EXCEPTIONS

CONSIDERATION AND ADOPTION OF INFORMATION REPORTS N O. CIR17/2010

SUBJECT: CONSIDERATON AND ADOPTION OF INFORMATION R EPORTS

MOTION Moved: Councillor Parker Seconded: Councillor Ryan 1119 RESOLVED That Council deal with the following information re ports by the nominated exception method. EE56/2010 Council's Carbon Footprint ............................................................................12 QS79/2010 Resolutions Tracking Report........................................................................153 PM67/2010 Staff Appointments, Resignations & Transfers.............................................154 PM68/2010 Investment Report - August 2010 ................................................................155 PM69/2010 Rates & Charges Collected Summary - August 2010...................................162 PM70/2010 2008/09 Comparative Information on NSW Local Government Councils ....167

FOR AGAINST Councillor Davey Councillor Pynsent Councillor Troy Councillor Maybury Councillor Parker Councillor Ryan Councillor Gorman Councillor McCudden Councillor Olsen Councillor Main Councillor Hawkins Councillor Smith Total (10) Total (2)

CARRIED


MOTION Moved: Councillor Pynsent Seconded: Councillor Maybury 1120 RESOLVED That the information reports with the exception of Report No’s PM70/2010 – 2008/09 Comparative Information on NSW Local Government Cou ncils and PM56/2010 – Council’s Carbon Footprint be adopted.


CARRIED UNANIMOUSLY


MOTIONS OF URGENCY

MOTIONS OF URGENCY NO. MOU18/2010

SUBJECT: MOTIONS OF URGENCY

MOTION Moved: Councillor Smith Seconded: Councillor Maybury 1121 RESOLVED That Report No. PM72/2010 – Councillor Attendance a t LGA Conference and Report No PM74/2010 – Naming of Suburbs and localities be dea lt with tonight.


CARRIED UNANIMOUSLY


RESCISSION MOTIONS

RESCISSION MOTIONS NO. RM2/2010

SUBJECT: LEGAL OPINION - PLANNING PANEL

MOTION Moved: Councillor Smith Seconded: Councillor Pynsent 1122 RESOLVED That Motion BN31/2010 – Legal Opinion be rescinded.

FOR AGAINST Councillor Davey Councillor Troy Councillor Gorman Councillor Parker Councillor McCudden Councillor Ryan Councillor Hawkins Councillor Olsen Councillor Smith Councillor Main Councillor Pynsent Councillor Maybury Total (7) Total (5)

CARRIED


DEFERRED BUSINESS

ACTIVE PARTICIPATION AND COMMUNITY CONSULTATION NO. AP7/2010

SUBJECT: REQUEST FOR SPONSORSHIP OF EGRES STUDIO

MOTION Moved: Councillor Main Seconded: Councillor Olsen 1123 RESOLVED That the report be DEFERRED in accordance with Council policy as it was part of an address earlier in the evening.


CARRIED UNANIMOUSLY


ENHANCING OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT

OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT NO. EE56/2010

SUBJECT: COUNCIL'S CARBON FOOTPRINT

MOTION Moved: Councillor Ryan Seconded: Councillor Gorman 1124 RESOLVED That the information be noted.


CARRIED UNANIMOUSLY



SUBJECT: REPORT ON THE REVISION OF THE ANEF CONTOUR AT THE CESSNOCK AIRPORT

MOTION Moved: Councillor Olsen Seconded: Councillor Troy 1125 RESOLVED That the report be DEFERRED and it be referred to the Airport Consultative Com mittee with a copy of the GHD Report.


CARRIED UNANIMOUSLY



SUBJECT: DEVELOPMENT APPLICATION 8/2009/760/2 - PRO POSED DELETION OF SECTION 94 CONTRIBUTIONS ASSOCIATED WITH AN EXTENSION TO AN EXISTING CELLAR DOOR FACILITY

Councillor McCudden declared a Non Pecuniary – Insignificant Interest for the reason that the proponent in this Development Application ran on an election ticket that he ran on in Cessnock City Council elections 10 years ago. Councillor McCudden remained in the Chamber and participated in discussion and voting as the conflict has not influenced him in carrying out his public duty because the proponent and himself have not had any significant association since that election. Councillor Hawkins declared a Non Pecuniary Interest - Insignificant Conflict for the reason that family purchased property from the applicant in 1993. Councillor Hawkins remained in the Chamber and participated in discussion and voting as the conflict has not influenced him in carrying out his public duty because they haven’t done business since. MOTION Moved: Councillor Troy Seconded: Councillor Ryan 1126 RESOLVED That the report be DEFERRED in accordance with Council policy as it was part of an address earlier in the evening.


CARRIED UNANIMOUSLY



SUBJECT: GOVERNMENT ROAD REZONING PROPOSAL - SECTIO N 94 CONTRIBUTIONS PLAN AND DEVELOPMENT CONTROL PLAN

MOTION Moved: Councillor Maybury Seconded: Councillor Hawkins 1127 RESOLVED 1. That the draft Section 94 Contributions Plan and draft Development Control

Plan be adopted by Council, to be effective on the date of gazettal of the draft LEP.

2. That the Department of Planning be notified that Council has adopted the Draft

Section 94 Contributions Plan and draft Development Control Plan. 3. That Council advise the submission maker of the outcome of this report.


CARRIED UNANIMOUSLY



SUBJECT: DRAFT CITY WIDE SETTLEMENT STRATEGY (2010)

MOTION Moved: Councillor Maybury Seconded: Councillor Smith 1128 RESOLVED 1. Council endorse the draft City Wide Settlement S trategy, as exhibited, as

Council’s principal strategic plan to provide for t he orderly development and conservation outcomes for the City of Cessnock, sub ject to the following amendments:

1.1 Amend the draft CWSS – Rural and Environmental Lands by removing

reference to the E3 – Environmental Management Zone as a proposed land use zone treatment for the Watagan to Stockton ‘gre en corridor’, identified in the Lower Hunter Regional Strategy, and constrai ned rural lands in the south-western corner of the LGA between forestry la nds and National Parks.

1.2 Amend the draft CWSS to reflect the use of the RU4 - Rural Small Holdings

zone only for the regionally significant Vineyards District. 1.3 Amend Figure 15.1 to show National Parks, State Forests lands.

1.4 Amend the list of roads identified under Clause 12.7.1: Regional roads, to

include Main Road 195 from Cliftleigh to Kurri Kurr i, via Heddon Greta.

1.5 That the draft CWSS be amended and updated to e nsure consistency in application with the latest version of departmental names, legislation and statistical data.

2. Reject rezoning proposals and/or enquiries which are inconsistent with the

provisions of the draft City Wide Settlement Strate gy as exhibited.

3. An update report be presented to Council in two (2) years, as a prelude to the next scheduled review of the Strategy in five (5) y ears, regarding the status of the City Wide Settlement Strategy.

4. That Council inform the owner of 141 Mount View Road, Cessnock (Lot 13 DP

880374) that subject to the risk management issues associated with the Mount View detention basin being addressed to Council’s s atisfaction, that Council could consider a planning proposal to rezone the la nd or part thereof for residential purposes.


FOR AGAINST Councillor Davey Councillor Ryan Councillor Troy Councillor Parker Councillor Gorman Councillor McCudden Councillor Olsen Councillor Main Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (11) Total (1)

CARRIED



SUBJECT: DRAFT CESSNOCK LOCAL ENVIRONMENTAL PLAN 20 10

MOTION Moved: Councillor Gorman Seconded: Councillor Smith 1129 RESOLVED 1. That Council note the contents of this report.

2. That Council not undertake a public hearing into the proposed Heritage

Conservation Area at Wollombi.


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SUBJECT: DRAFT CESSNOCK LOCAL ENVIRONMENTAL PLAN 20 10 - PART 1 PRELIMINARY

MOTION Moved: Councillor Pynsent Seconded: Councillor Maybury 1130 RESOLVED That Council resolve to endorse Part 1 – Preliminar y of the draft Local Environmental Plan, as re-exhibited.


CARRIED UNANIMOUSLY



SUBJECT: DRAFT CESSNOCK LOCAL ENVIRONMENTAL PLAN 20 10 - PART 2 PERMITTED OR PROHIBITED DEVELOPMENT

MOTION Moved: Councillor Gorman Seconded: Councillor Smith 1131 RESOLVED That Council resolve to endorse Part 2 – Permitted or Prohibited Development of the draft Local Environmental Plan, as re-exhibited.


CARRIED UNANIMOUSLY



SUBJECT: ZONE RU2 RURAL LANDSCAPE

MOTION Moved: Councillor Troy Seconded: Councillor Ryan 1. That Council resolve to endorse the application of the RU2 - Rural Landscape

Zone in the draft Cessnock Local Environmental Plan 2010, as re-exhibited subject to the amendments resolved by Council withi n this report.

1.1. The Zoning and Minimum Lot Size Maps be amende d to show Lot 7007

DP 1029142 as RU2 - Rural Landscape.

1.2. The Zoning and Minimum Lot Size Maps be amende d to show Lot 34 at DP 264455 as RU2 - Rural Landscape.

1.3. The draft LEP land use tables be amended to re move ‘in association with

tourist and visitor accommodation’ and add ‘ancilla ry to tourist and visitor accommodation' to Permitted with consent fo r recreation facilities (indoor) in the RU2 - Rural Landscape zone.

AMENDMENT Moved: Councillor McCudden Seconded: Councillor Gorman That 1.3 be removed and addressed by the Vineyard V isioning Project.

FOR AGAINST Councillor Gorman Councillor Davey Councillor McCudden Councillor Troy Councillor Maybury Councillor Parker Councillor Ryan Councillor Olsen Councillor Main Councillor Hawkins Councillor Smith Councillor Pynsent Total (3) Total (9)

The Amendment was PUT and LOST. The Motion was then PUT and CARRIED. MOTION Moved: Councillor Troy Seconded: Councillor Ryan 1132 RESOLVED 1. That Council resolve to endorse the application of the RU2 - Rural Landscape

Zone in the draft Cessnock Local Environmental Plan 2010, as re-exhibited subject to the amendments resolved by Council withi n this report.

1.1. The Zoning and Minimum Lot Size Maps be amende d to show Lot 7007



1.2. The Zoning and Minimum Lot Size Maps be amende d to show Lot 34 at


1.3. The draft LEP land use tables be amended to re move ‘in association with tourist and visitor accommodation’ and add ‘ancilla ry to tourist and visitor accommodation' to Permitted with consent fo r recreation facilities (indoor) in the RU2 - Rural Landscape zone.

FOR AGAINST Councillor Davey Councillor Gorman Councillor Troy Councillor McCudden Councillor Parker Councillor Maybury Councillor Ryan Councillor Olsen Councillor Main Councillor Hawkins Councillor Smith Councillor Pynsent Total (9) Total (3)

CARRIED



SUBJECT: ZONE RU3 FORESTRY

MOTION Moved: Councillor Smith Seconded: Councillor Pynsent 1133 RESOLVED 1. That Council resolve to endorse the application of the RU3 - Forestry Zone in

the draft Cessnock Local Environmental Plan 2010, a s re-exhibited subject to the following amendments:

1.1. The Zoning and Minimum Lot Size Maps be amende d to show that part of

the Pokolbin State Forest being (Lot 113 DP755217, Lot 113 DP 755217 and Lots 179 and 180 DP 755241) as RU3 – Forestry.

1.2. The Zoning Maps and Minimum Lot Size Maps be a mended to show that

part of the Aberdare State Forest being the unident ified lot located in DP 755259 as RU3 – Forestry.


CARRIED UNANIMOUSLY



SUBJECT: ZONE RU4 RURAL SMALL HOLDING

Councillor Hawkins declared a Pecuniary Interest for the reason that he owned property in this zone. Councillor Hawkins left the Chamber and took no part in discussion and voting on this issue. Councillor James Hawkins left the meeting, the time being 7.55pm MOTION Moved: Councillor Main Seconded: Councillor Ryan 1134 RESOLVED 1. That Council resolve to endorse the application of the RU4 - Rural Small

Holding Zone in the draft Cessnock Local Environmental Plan 2010, as re-exhibited subject to the following amendments:

1.1. Amend the aims of the RU4 – Rural Small Holdin g zone of the draft LEP

by adding the following:

• To enable continued rural use of land which is comp lementary to the viticultural character of land within this zone .

1.2. The land use table be amended to remove recrea tion facilities (outdoor)

‘ancillary to tourist and visitor accommodation’ fr om the Permitted with consent in the RU4 - Rural Small Holding zone.

1.3. The land use table be amended to remove “roads ide stalls” from the

Permitted with consent in the RU4 - Rural Small Hol ding zone. 2. That Council request the Minister for Planning t o approve the removal of

“roadside stalls” from the mandated list of permiss ible land uses in the RU4 – Rural Small Holding Zone under the provisions of Se ction 59 of the EPA Act.

FOR AGAINST Councillor Davey Councillor Troy Councillor Parker Councillor Ryan Councillor Gorman Councillor McCudden Councillor Olsen Councillor Main Councillor Smith Councillor Pynsent Councillor Maybury Total (11) Total (0)

CARRIED UNANIMOUSLY


Councillor James Hawkins returned to the meeting, t he time being 8.18pm


SUBJECT: ZONE RU5 VILLAGE

MOTION Moved: Councillor Pynsent Seconded: Councillor Smith 1135 RESOLVED That Council resolve to endorse the application of the RU5 - Village Zone in the draft Cessnock Local Environmental Plan 2010, as re-exhib ited.


CARRIED UNANIMOUSLY



SUBJECT: ZONE R2 LOW DENSITY RESIDENTIAL

Councillor McCudden declared a Pecuniary Interest for the reason that he own properties in this area. Councillor McCudden left the chamber and took no part in discussion and voting on this issue. Councillor Main declared a Pecuniary Interest for the reason that she, her husband and members of her husband’s family own properties in the proposed. Councillor Main left the chamber and took no part in discussion and voting on this issue. Councillor Smith declared a Pecuniary Interest for the reason that the zoning proposal has the potential to affect the value of a property jointly owned by him within the proposed zone. Councillor Smith left the chamber and took no part in discussion and voting on this issue. Councillors Allan McCudden, Graham Smith and Rachel Main left the meeting, the time being 8.19pm MOTION Moved: Councillor Gorman Seconded: Councillor Maybury 1136 RESOLVED That Council resolve to endorse the application of the R2 – Low Density Residential Zone in the draft Cessnock Local Environmental Plan 2010, as re-exhibited.

FOR AGAINST Councillor Davey Councillor Troy Councillor Parker Councillor Ryan Councillor Gorman Councillor Olsen Councillor Hawkins Councillor Pynsent Councillor Maybury Total (9) Total (0)

CARRIED UNANIMOUSLY Councillors Allan McCudden, Graham Smith and Rachel Main returned to the meeting, the time being 8.20pm



SUBJECT: ZONE R3 MEDIUM DENSITY RESIDENTIAL

MOTION Moved: Councillor Troy Seconded: Councillor Smith 1137 RESOLVED That the report be DEFERRED to the next meeting of Council due to the lack of a quorum to deal with the matter.


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SUBJECT: ZONE R5 LARGE LOT RESIDENTIAL

MOTION Moved: Councillor Main Seconded: Councillor Maybury 1138 RESOLVED That Council resolve to endorse the application of the R5 – Large Lot Residential Zone in the draft Cessnock Local Environmental Plan 2010 , as re-exhibited.


CARRIED UNANIMOUSLY



SUBJECT: ZONE B1 NEIGHBOURHOOD CENTRE

Councillor Hawkins declared a Pecuniary Interest for the reason that he owned property in this zone. Councillor Hawkins left the Chamber and took no part in discussion and voting on this issue. Councillor James Hawkins left the meeting, the time being 08:23 PM MOTION Moved: Councillor Troy Seconded: Councillor Maybury 1139 RESOLVED That Council resolve to endorse the application of the B1 – Neighbourhood Centre Zone in the draft Cessnock Local Environmental Plan 2010, as re-exhibited.


CARRIED UNANIMOUSLY



SUBJECT: ZONE B2 LOCAL CENTRE

Councillor Hawkins declared a Pecuniary Interest for the reason that he owned property in this zone. Councillor Hawkins left the Chamber and took no part in discussion and voting on this issue. MOTION Moved: Councillor Troy Seconded: Councillor Maybury 1140 RESOLVED That Council resolve to endorse the application of the B2 – Local Centre Zone in the draft Cessnock Local Environmental Plan 2010, as re -exhibited.


CARRIED UNANIMOUSLY Councillor James Hawkins returned to the meeting, t he time being 8.23pm



SUBJECT: ZONE B3 COMMERCIAL CORE

MOTION Moved: Councillor Pynsent Seconded: Councillor Smith 1141 RESOLVED That Council resolve to endorse the application of the B3 – Commercial Core Zone in the draft Cessnock Local Environmental Plan 2010, a s re-exhibited.


CARRIED UNANIMOUSLY



SUBJECT: ZONE B4 MIXED USE

MOTION Moved: Councillor Maybury Seconded: Councillor Pynsent 1142 RESOLVED That Council resolve to endorse the application of the B4 – Mixed Use Zone in the draft Cessnock Local Environmental Plan 2010, as re -exhibited.


CARRIED UNANIMOUSLY



SUBJECT: ZONE B7 BUSINESS PARK

MOTION Moved: Councillor Troy Seconded: Councillor Pynsent 1143 RESOLVED That Council resolve to endorse the application of the B7 – Business Park Zone in the draft Cessnock Local Environmental Plan 2010, as re -exhibited.


CARRIED UNANIMOUSLY



SUBJECT: ZONE IN1 GENERAL INDUSTRIAL

MOTION Moved: Councillor Pynsent Seconded: Councillor Maybury 1144 RESOLVED 1. That Council remove the IN1 – General Industrial zone from the Draft Local

Environmental Plan 2010 and resolve to defer the pl anning of the Hunter Employment Zone in the draft Cessnock Local Environmental Plan 2010 , as re-exhibited, subject to the following amendments:

1.1. Amend Clause 1.3 - Land to which Plan applies to read as follows: (1) This Plan applies to the land identified on th e Land Application Map. (1A) Despite subclause (1), this Plan does not app ly to the land shown on the Land Application Map as “Deferred Matter”.”

1.2. The Land Application Map be amended to indicat e that the HEZ lands are

a “Deferred Matter”. 1.3. A “Note” be added underneath clause 1.8(2) in the following terms: “Note. The Cessnock Local Environmental Plan 1989 continues to apply to the land shown on the Land Application Ma p as a “Deferred Matter 1.4. Delete Clause 7.6 – Subdivision in the Hunter Economic Zone.

2. That Council prepare a Planning Proposal to inve stigate the current and future

planning controls to apply to the HEZ lands.


CARRIED UNANIMOUSLY



SUBJECT: ZONE IN2 LIGHT INDUSTRIAL

Councillor McCudden declared a Pecuniary Interest for the reason that he own properties in this area. Councillor McCudden left the chamber and took no part in discussion and voting on this issue. Councillor Allan McCudden left the meeting, the tim e being 8.25pm MOTION Moved: Councillor Troy Seconded: Councillor Maybury 1145 RESOLVED That Council resolve to endorse the application of the IN2 – Light Industrial Zone in the draft Cessnock Local Environmental Plan 2010, a s re-exhibited.

FOR AGAINST Councillor Davey Councillor Troy Councillor Parker Councillor Ryan Councillor Gorman Councillor Olsen Councillor Main Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (11) Total (0)

CARRIED UNANIMOUSLY Councillor Allan McCudden returned to the meeting, the time being 8.28pm



SUBJECT: ZONE IN3 HEAVY INDUSTRIAL

MOTION Moved: Councillor Smith Seconded: Councillor Pynsent 1146 RESOLVED That Council resolve to endorse the application of the IN3 – Heavy Industrial Zone in the draft Cessnock Local Environmental Plan 2010, a s re-exhibited.


CARRIED UNANIMOUSLY



SUBJECT: ZONE SP2 INFRASTRUCTURE

MOTION Moved: Councillor Troy Seconded: Councillor Parker 1147 RESOLVED 1. That Council resolve to endorse the application of the SP2 - Infrastructure Zone

in the draft Cessnock Local Environmental Plan 2010 , as re-exhibited subject to the following amendments:

1.1. The draft LEP mapping be amended to extend the SP2 Air Transport

Facility Zone over Lot 210 DP 559578 Wine Country D rive. 1.2. The draft LEP minimum lot size mapping be amen ded to remove the 40

ha minimum lot size for the Cessnock airport lands, identified as SP2 Air Transport Facility Zone.


CARRIED UNANIMOUSLY



SUBJECT: ZONE RE1 PUBLIC RECREATION

MOTION Moved: Councillor Smith Seconded: Councillor Troy 1148 RESOLVED That Council resolve to endorse the application of the RE1 – Public Recreation Zone in the draft Cessnock Local Environmental Plan 2010, a s re-exhibited.


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SUBJECT: ZONE RE2 PRIVATE RECREATION

MOTION Moved: Councillor Gorman Seconded: Councillor Smith 1149 RESOLVED That Council resolve to endorse the application of the RE2 – Private Recreation Zone in the draft Cessnock Local Environmental Plan 2010 , as re-exhibited.


CARRIED UNANIMOUSLY



SUBJECT: ZONE E1 NATIONAL PARKS AND NATURE RESERVES

MOTION Moved: Councillor Maybury Seconded: Councillor Parker 1150 RESOLVED That Council resolve to endorse the application of the E1 – National Parks and Nature Reserves Zone in the draft Cessnock Local Environme ntal Plan 2010, as re-exhibited.


CARRIED UNANIMOUSLY



SUBJECT: ZONE E2 ENVIRONMENTAL CONSERVATION

MOTION Moved: Councillor Troy Seconded: Councillor Ryan 1151 RESOLVED That Council resolve to endorse the application of the E2 – Environmental Conservation Zone in the draft Cessnock Local Envir onmental Plan 2010, as re-exhibited.


CARRIED UNANIMOUSLY



SUBJECT: DRAFT CESSNOCK LOCAL ENVIRONMENTAL PLAN 20 10 - PART 3 EXEMPT AND COMPLYING DEVELOPMENT

MOTION Moved: Councillor Troy Seconded: Councillor Parker 1152 RESOLVED That Council resolve to endorse Part 3 – Exempt and Complying Development of the draft Cessnock Local Environmental Plan 2010, as re -exhibited.


CARRIED UNANIMOUSLY



SUBJECT: DRAFT CESSNOCK LOCAL ENVIRONMENTAL PLAN 20 10 - PART 4 PRINCIPAL DEVELOPMENT STANDARDS

MOTION Moved: Councillor Troy Seconded: Councillor Ryan 1153 RESOLVED 1. That Council resolve to endorse Part 4 – Princip al Development Standards of

the draft Cessnock Local Environmental Plan 2010, a s re-exhibited, subject to the following amendments documented in this report.

1.1. The draft LEP be amended to include new Clause 4.2A to reflect the

current provisions relating to existing holding, wi th wording to the effect:

existing holding means:

where, as at December 31, 1984, a person owned one or more adjoining or adjacent lots, portions or parcels of land, the agg regation of the areas of those lots, portions or parcels as they were at tha t date on 31 December 1984.

Note: The owner in whose ownership all the land is at the 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.

1.2. Add new subclause 6 to Clause 4.2A - Erection of dwelling in rural and

environmental zones to reflect consolidation requir ements as follows: If consent is granted for the erection or creation of a dwelling-house or

dual occupancy on land comprising more than one lot , portion or parcel, the consent authority may impose a condition of con sent that requires the consolidation of some or all of those lots, por tions or parcels.


CARRIED UNANIMOUSLY



SUBJECT: DRAFT CESSNOCK LOCAL ENVIRONMENTAL PLAN 20 10 - PART 5 MISCELLANEOUS PROVISIONS

MOTION Moved: Councillor Smith Seconded: Councillor Troy 1154 RESOLVED That Council resolve to endorse Part 5 – Miscellane ous Provisions of the draft Cessnock Local Environmental Plan 2010, as re-exhib ited.


CARRIED UNANIMOUSLY



SUBJECT: DRAFT CESSNOCK LOCAL ENVIRONMENTAL PLAN 20 10 - PART 6 URBAN RELEASE AREAS

MOTION Moved: Councillor Pynsent Seconded: Councillor Maybury 1155 RESOLVED 1. That Council resolve to endorse Part 6 – Urban R elease Areas of the draft

Cessnock Local Environmental Plan 2010, as re-exhib ited, subject to the following amendments:

Cessnock

1.1. That the site specific rezoning proposal known as ‘Government Road’ at Cessnock proceed with the draft LEP as re-exhibited .

1.2. That the site specific rezoning proposal known as ‘BC5’ at Cessnock

proceed with the draft LEP as re-exhibited. Heddon Greta

1.4. That the site specific rezoning proposal known as ‘WSFC 5’ at Heddon Greta proceed with the draft LEP as re-exhibited.

Ellalong

1.5. That the site specific rezoning proposal known as ‘Ellalong Lagoon’ at Ellalong proceed with the draft LEP as re-exhibited .

Millfield

1.6. That the site specific rezoning proposal known as ‘Mount View Road’ at Millfield Precinct proceed with the draft LEP as re -exhibited.

1.7. Amend the draft LEP Land Zone and Minimum Lot Size Maps to translate

the current zone and lot size provisions for that a rea identified as ‘Mount View Road’ at Millfield.

Nulkaba

1.8. That the site specific rezoning proposal known as ‘Valley View Place’ at

Nulkaba proceed with the draft LEP as re-exhibited. 1.9. Amend the draft LEP Land Zone and Minimum Lot Size Maps to translate

the current zone and lot size provisions for that a rea identified as ‘Valley View Place’ at Nulkaba.

Paxton

1.10. That the site specific rezoning proposal know n as ‘Paxton North’ at


Paxton proceed with the draft LEP as re-exhibited.

Wollombi

1.11. That the site specific rezoning proposal know n as ‘WB2’ at Wollombi proceed with the draft LEP as re-exhibited.


CARRIED UNANIMOUSLY



SUBJECT: DRAFT CESSNOCK LOCAL ENVIRONMENTAL PLAN 20 10 - PART 7 ADDITIONAL LOCAL PROVISIONS

MOTION Moved: Councillor Smith Seconded: Councillor Gorman 1156 RESOLVED 1. That Council resolve to endorse Part 7 – Additio nal Local Provisions of the draft

Local Environmental Plan as re-exhibited, subject t o the following amendments:

1.1. The draft LEP be amended and new Clauses 7.6 - Dwelling House in E2

(Bow Wow Creek Gorge Catchment) zone be added as a Local Provision to maintain the current planning provisions relatin g to erection of dwellings in the Bow Wow Creek Gorge Catchment. Th at Lots 62 & 63 and Lots 3, 64, 112 & 113 being those lots in the B ow Wow Creek Gorge catchment which no longer will have a dwelling enti tlement under the draft LEP, be added to the dwelling entitlement map , permitting a single dwelling on each group of lots.

1.2. The draft LEP be amended and new Clauses 7.12 - General development

principles in the RU2 - Rural Landscape zone be add ed as a Local Provision to maintain the current planning provisio ns relating to the General Development Principles in the rural zone.

FOR AGAINST Councillor Davey Councillor Parker Councillor Troy Councillor Ryan Councillor Gorman Councillor McCudden Councillor Olsen Councillor Main Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (10) Total (2)

CARRIED This report was recommitted after Report EE90/2010 please see this section for final decision.



SUBJECT: DRAFT CESSNOCK LOCAL ENVIRONMENTAL PLAN 20 10 - SCHEDULE 1 ADDITIONAL PERMITTED USES

Councillor Troy declared a Non Pecuniary – Insignificant Conflict for the reason that a Director of Insite Planning is a person he plays golf with on occasion and they are consultants to Stonebridge Golf Club. Councillor Troy remained in the Chamber and participated in discussion and voting as the conflict has not influenced him in carrying out his public duty because the association hasn’t affected his decision making in relation to Stonebridge Golf Club. MOTION Moved: Councillor Smith Seconded: Councillor Maybury 1157 RESOLVED 1. That Council resolve to endorse Schedule 1 – Add itional Permitted Uses of the

draft Cessnock Local Environmental Plan 2010, as re -exhibited, subject to the following amendments:

1.1. Schedule 1 - Additional Permitted Uses be amen ded to include the

following:

(4) The draft LEP Schedule 1 (Item 4) be amended to remove ‘The Oaks Golf and Country Club’ and replace with ‘Stonebridg e Golf Club’ and add residential development of up to 170 dwelli ng comprising dwelling houses, dual occupancy housing and multi d welling housing, a motel and shop.

(7) Such part of the land comprising the Hunter Val ley Gardens site at

Broke Road, Pokolbin, being Lot 21 DP 1133351, Lot 1 DP952127, Lots 4 and 5 DP 261053 and Lot 6713 DP 840198 as ar e identified on the Additional Permitted Uses Map, development in a ccordance with development approved under Development Consent No. 118/689/32 dated 30 September 1998.

(8) Such part of the land comprising the ‘Tempus T wo Winery” site at

Broke Road and McDonalds Road, Pokolbin, being Lot 1 DP798478 as identified on the Additional Permitted Uses Map, development in accordance with development approved under Developm ent Consent No. 8/2001/403 dated 1 August 2001.



CARRIED UNANIMOUSLY Councillor Dale Troy left the meeting, the time bei ng 9.08pm



SUBJECT: DRAFT CESSNOCK LOCAL ENVIRONMENTAL PLAN 20 10 - SCHEDULE 2 EXEMPT DEVELOPMENT

MOTION Moved: Councillor Pynsent Seconded: Councillor Maybury 1158 RESOLVED 1. That Schedule 2 – Exempt Development be amended to include the following: Temporary Events (minor)

(1) Must be a permissible land use within the zone for which the use is to be undertaken.

(2) Must not be conducted on land that is subject t o contamination. (3) The total number of participants and spectators must not exceed 500

people. (4) Must comply with the Food Act and Food Safety s tandards. (5) Must obtain written permission from the landown er. (6) Must obtain relevant consents under Section 68 of the Local Government

Act, the Roads Act or other relevant legislation.

FOR AGAINST Councillor Davey Councillor Parker Councillor Ryan Councillor Gorman Councillor McCudden Councillor Olsen Councillor Main Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (11) Total (0)

CARRIED UNANIMOUSLY


Councillor Dale Troy returned to the meeting, the t ime being 09.10pm MOTION Moved: Councillor Smith Seconded: Councillor Maybury 1159

RESOLVED That Report No EE88/2010 Draft Cessnock Local Envir onmental Plan 2010 – Part 7 Additional Local Provisions be recommitted.


CARRIED



SUBJECT: DRAFT CESSNOCK LOCAL ENVIRONMENTAL PLAN 20 10 - PART 7

ADDITIONAL LOCAL PROVISIONS MOTION Moved: Councillor Smith Seconded: Councillor Gorman 1. That Council resolve to endorse Part 7 – Additio nal Local Provisions of the draft






1.3 That the environmentally significant area overl ays be removed from the

LEP pending completion of the planned rural lands s tudy. AMENDMENT Moved: Councillor Ryan Seconded: Councillor Parker That Council consider the amendment put forward by the Wollombi Progress Association and that the report be DEFERRED until the next meeting to ensure that the clause is workable in a planning sense. Councillor Graham Smith left the meeting, the time being 9.24pm Councillor Graham Smith returned to the meeting, th e time being 9.25pm Councillor Neil Gorman left the meeting, the time b eing 9.26pm Councillor Neil Gorman returned to the meeting, the time being 9.27pm

FOR AGAINST Councillor Parker Councillor Davey Councillor Ryan Councillor Troy Councillor Main Councillor Gorman Councillor McCudden Councillor Olsen Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (3) Total (9)

The Amendment was PUT and LOST.


FURTHER AMENDMENT Moved: Councillor Parker Seconded: Councillor Ryan That Clause 10 be reinstated.

FOR AGAINST Councillor Parker Councillor Davey Councillor Ryan Councillor Troy Councillor Gorman Councillor McCudden Councillor Olsen Councillor Main Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (2) Total (10)

The Further Amendment was PUT and LOST. EXTENSION OF TIME Moved: Councillor Ryan Seconded: Councillor Troy 1160 RESOLVED That an extension of time be granted. The voting was eight (8) for the motion and four (4) against. The Motion was then PUT and CARRIED MOTION Moved: Councillor Smith Seconded: Councillor Gorman 1161 RESOLVED 1. That Council resolve to endorse Part 7 – Additio nal Local Provisions of the draft







1.3 That the environmentally significant area overl ays be removed from the

LEP pending completion of the planned rural lands s tudy.


CARRIED



SUBJECT: DRAFT CESSNOCK LOCAL ENVIRONMENTAL PLAN 20 10 - SCHEDULE 3 COMPLYING DEVELOPMENT

MOTION Moved: Councillor Maybury Seconded: Councillor Gorman 1162 RESOLVED That Council resolve to endorse Schedule 3 – Comply ing Development of the draft Cessnock Local Environmental Plan 2010, as re-exhib ited.


CARRIED UNANIMOUSLY



SUBJECT: DRAFT CESSNOCK LOCAL ENVIRONMENTAL PLAN 20 10 - SCHEDULE 4 CLASSIFICATION AND RECLASSIFICATION OF P UBLIC LAND

MOTION Moved: Councillor Smith Seconded: Councillor McCudden 1163 RESOLVED That Council resolve to endorse Schedule 4 – Classi fication and Reclassification of Public Land of the draft Cessnock Local Environment al Plan 2010, as re-exhibited.


CARRIED UNANIMOUSLY



SUBJECT: DRAFT CESSNOCK LOCAL ENVIRONMENTAL PLAN 20 10 - SCHEDULE 5 ENVIRONMENTAL HERITAGE

MOTION Moved: Councillor Main Seconded: Councillor Troy 1. That Council resolve to endorse Schedule 5 – Env ironmental Heritage of the

draft Cessnock Local Environmental Plan 2010, as re -exhibited, subject to the following amendments documented in this report.

1.1. Remove Item No. 105 - Heddon Greta Drive-in fr om Schedule 5 of the

draft LEP and associated heritage maps. 1.2. Remove Item No. 199 - Wollombi Saleyards from Schedule 5 of the draft

LEP and associated heritage maps.

1.3. Remove Lot 27 DP 755241, 1076 Wollombi Road Mi llf ield from Item No. 215 - Collieries of the South Maitland Coalfields / Greta Coal Measures Group.

1.4. The draft Heritage Schedule and associated her itage mapping be

amended to refer only to the site of the graves, ra ther than the entire property, for Item No. 132 – Double Grave at ‘Morni ngside’.

1.5. Amend the Heritage Maps to include the Stanfor d Main No. 2 Colliery at

Paxton as part of Item No. 215 - Collieries of the South Maitland Coalfields / Greta Coal Measures Group.


amended to reinstate the Co-op Store - Branch No. 2 Aberdare (former) at Aberdare as an item of environmental heritage.

1.7. No changes to the boundaries of Item No. C2 – The Great North Road

Conservation Area at Sawyers Gully as re-exhibited with the draft LEP.

1.8. Amend the boundaries of Item No. C1 – Wollombi Conservation Area to reflect those boundaries as shown in Hunter REP Her itage, 1989.

MOTION Moved: Councillor Smith Seconded: Councillor Gorman 1164 RESOLVED That Councillor Hawkins be able to take part in deb ate on Wollombi and leave the Chamber when debating the Aberdare Hotel, Weston.


FOR AGAINST Councillor Davey Councillor Ryan Councillor Troy Councillor Olsen Councillor Parker Councillor Gorman Councillor McCudden Councillor Main Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (10) Total (2)

CARRIED Councillor James Hawkins left the meeting, the time being 10.00pm MOTION Moved: Councillor Gorman Seconded: Councillor Troy That the Aberdare Hotel, Weston be removed from the draft Heritage Schedule .

FOR AGAINST Councillor Davey Councillor Parker Councillor Troy Councillor Ryan Councillor Gorman Councillor Olsen Councillor McCudden Councillor Main Councillor Pynsent Councillor Smith Councillor Maybury Total (5) Total (6)

LOST Councillor James Hawkins returned to the meeting, t he time being 10.01pm MOTION Moved: Councillor Main Seconded: Councillor Troy 1165 RESOLVED 1. That Council resolve to endorse Schedule 5 – Env ironmental Heritage of the

draft Cessnock Local Environmental Plan 2010, as re -exhibited, subject to the following amendments documented in this report.

1.1. Remove Item No. 105 - Heddon Greta Drive-in fr om Schedule 5 of the

draft LEP and associated heritage maps. 1.2. Remove Item No. 199 - Wollombi Saleyards from Schedule 5 of the draft

LEP and associated heritage maps.

1.3. Remove Lot 27 DP 755241, 107 6 Wollombi Road Millfield from Item No. 215 - Collieries of the South Maitland Coalfields / Greta Coal Measures Group.



amended to refer only to the site of the graves, ra ther than the entire property, for Item No. 132 – Double Grave at ‘Morni ngside’.

1.5. Amend the Heritage Maps to include the Stanfor d Main No. 2 Colliery at

Paxton as part of Item No. 215 - Collieries of the South Maitland Coalfields / Greta Coal Measures Group.


amended to reinstate the Co-op Store - Branch No. 2 Aberdare (former) at Aberdare as an item of environmental heritage.

1.7. No changes to the boundaries of Item No. C2 – The Great North Road

Conservation Area at Sawyers Gully as re-exhibited with the draft LEP.

1.8. Amend the boundaries of Item No. C1 – Wollombi Conservation Area to reflect those boundaries as shown in Hunter REP Her itage, 1989.


CARRIED



SUBJECT: DRAFT DEVELOPMENT CONTROL PLAN (2010)

MOTION Moved: Councillor Maybury Seconded: Councillor Smith 1166 RESOLVED 1. That Council adopt draft Development Control Pla n 2010 as exhibited, subject to

the following amendments:

1.1 The draft DCP Chapter C.4 Section 4.3.9 Transpo rt Corridors be amended to include reference to the Department of Planning tec hnical document - 'Development Near Railway Corridors and Busy Roads - Interim Guideline'.

1.2 The draft DCP Section 1.3.9 - Referrals in Chap ter C.1 Parking and Access

be amended as follows:

A development application (DA) shall be referred to the NSW Roads and Traffic Authority (RTA) under the following circums tances:

• If the DA meets the requirements of Schedule 3 of C lause 104 of the State Environmental Planning Policy (Infrastructure ) 2007; and/or

• If concurrence/consent is required from the RTA und er other relevant legislation including the Roads Act 1993, and SEPP No. 64 - Advertising and Signage.

1.3 The draft DCP Chapter C.1 Section 1.4.1 - Access to the Site be amended to

be consistent with and refer to the AS 2890.1 – 200 4 Parking Facilities. 1.4 The draft DCP Chapter C.1 Section 1.4.2 – Car P ark Design be amended to

reference the Australian Standard. 1.5 The draft DCP Chapter C.1 Section 1.4.3 Disable d Parking be amended to

reference Australian Standard 1428 Design for acces s and mobility. 1.6 The draft DCP Chapter C.1 Section 1.4.4 (iv) - Loading / Uploading Facilities

be amended by removing reference to Table 3: Select ion of Driveway Type Based on Parking Spaces and amending point (iv) to the following:

iv. The loading / unloading areas should be designe d to accommodate the turning path of appropriate service vehicles.

1.7 The draft DCP Chapter C.1 Section 1.4.5 - Internal Roads be amended by

removing Table 4: Recommended Minimum Circulation R oadway Width - Two Way Traffic and replace with the following:

For internal roads between the driveway and the par king area the recommended minimum carriageway width depends on th e number of parking spaces and service bays. These requirement s are specified in Section 2.4 “Design of Planning Modules” in Austral ian Standard 2890.1 (2004).


1.8 The draft DCP Chapter C.4 Section 4.3.9 Transpo rt Corridors be amended to include reference to the following technical docume nt - 'Environmental Criteria for Road Traffic Noise' (DECCW) and ‘Envir onmental Noise Management Manual’ (RTA) for any traffic generating development’.

1.9 The draft DCP Chapter C.4 Section 4.3.9 (a) and (b) of “Issues to be

Addressed in Preparing Development Applications” be amended by advising that the developer may be responsible for provision and costs of noise mitigation.

1.10 The draft DCP Chapter C.4 Section 4.3.9 (a) an d (b) “Methods for Reducing

Conflicts” be amended to add the following sentence :

No direct vehicular access shall be permitted via individual properties to/from the State Road. All dire ct property access should desirably be via the local road network.

1.11 The draft DCP Section 4.1.1 – Application of C hapter D.4: Purpose Built

Rural Tourist Accommodation be amended by adding th e following: Applicants are advised that other chapters in the DCP may be required to

be referenced in plan preparation, with the followi ng of particular importance:

• Part D Chapter D.4 Land Use Conflict and Buffer Zon es in relation to

land use conflict and the application of buffer zon es; and, • Part E Chapter E.3 Vineyards District in relation t o issues and

requirements applicable to the Vineyard District, i ncluding viticulture or permitted uses adjoining viticulture located out side the Vineyards District.

1.12 The draft DCP Section 4.1.4 – Aims and Objecti ves of Chapter D.4: Purpose

Built Rural Tourist Accommodation be amended to add the following:

• to encourage rural tourist accommodation that is co mpatible in its design with its surroundings and adjoining land use s.

• to ensure that development is carried out in a mann er that recognises

site opportunities/constraints and reduces land use conflict between adjoining/adjacent land uses.

1.13 The draft DCP Section 4.5 – Fitting into the L ocality of Chapter D.4: Purpose

Built Rural Tourist Accommodation be amended by mov ing “ Impact on Adjoining & Nearby Properties” from 4.5.10 to 4.5.1, with consequential numbering changes for the remaining provisions acco rdingly.

1.14 The draft DCP Chapter E.3 Vineyards District S ection 3.1.1 – Application to

be amended to reference the proposed RU4 zone, the Appendices, specifically, the Vineyards District Landscape Desi gn Guidelines, and, confirming that other chapters in the DCP, such as Chapter C.4 Land Use Conflict and Buffer Zones may be required to be ref erenced when preparing development applications.

1.15 The draft DCP Chapter E.3 Section 3.1.3 – Obj ectives to be amended by

including new objective (b) and modifying objective (d):


(b) to recognise and protect vineyards and wineries (dominant land uses) from inappropriate uses in the zone;

(d) to minimise conflict between viticultural and n on-viticultural land uses by the sympathetic location and design of those use s, and the maintenance of the rural/viticultural character of the Vineyards District landscape;

1.16 The draft DCP Chapter E.3 Section 3.2.1 – Cons ideration of Surrounding

Land Uses be amended by modifying the following Obj ective to reference the vineyard land use:

1) by ensuring that tourist accommodation units are not situated in

close proximity to operating wineries and vineyards , potentially subjecting those persons residing in the units to i mpacts associated with noise and odour and placing undue burden on th e winery or vineyard operator to modify operations;

1.17 The draft DCP Chapter E.3 Section 3.2.1 - Cons ideration of Surrounding

Land Uses by modifying the following requirement to highlight that the encroaching development is to provide a buffer on i ts land:

In preparing an application for developme nt, consider the existence and

location of surrounding land uses, including viticu ltural and agricultural activities, and site the development in a position which will not result in the potential for land use conflict between neighbourin g land uses. Note, the onus is on the encroaching development to provide t he required buffer on the subject land.

1.18 The draft DCP Chapter E.3 Section 3.2.6 - Requ irements for the

Establishment of New / Expanded Vineyards be amende d to the following, to include vineyard expansion and the last sentence is modified to include written advice from the proponent and confirm that vine ‘grubbing’ and replanting done within 5 years does not require con sent:

Development consent is required for the establishme nt of new and expanded commercial vineyards. The only exception to this rule relates to the replanting of vines which have been grubbed (pu lled out) where such replanting is carried out within 5 years of the dat e of removal. In circumstances where vines are grubbed and replantin g is to occur within a 5 year time frame, the proponent must advise Counci l of his or her intentions so that a record can be taken. Council will then provide confirmation that consent for such replanting is no t required within that timeframe.

1.15 The draft DCP Chapter E.3 Section 3.3.2 - Nati ve Vegetation Corridors and

Mass Plantings be amended to the make specific refe rence to Figure 11 Proposed Vegetation Corridors.

1.16 Amend the Appendices to Chapter E.3 Vineyards District by moving

Vineyards District Landscape and Design Guidelines, from Appendix 3, to Appendix 1, with consequential numbering changes to the other Appendices accordingly.

1.17 The draft DCP Chapter E.3 Section 4.1.1 Cluste r Development of the

Appendix document - Vineyards District Landscape an d Design Guidelines to be amended by adding the following:


Refer to Figure 3: in Chapter E.3 Vineyards Distric t for the location of Visually Significant Areas in the Vineyards Distric t.

1.18 Consequential amendment to draft DCP Chapter E .3 Figure 3 to change its

title to ‘Significant Areas’, identify visually sig nificant areas, delete reference to Clause 42 in the LEP 1989 and add info rmation on the Figure identifying land potentially affected by the Single ton Military Area (representative of the 115db(A) Noise Contour

1.19 The draft DCP - Chapter D.12 Heritage Conserva tion and Design Guidelines

be adopted as exhibited.

1.20 The draft DCP Table 4.2.3 be amended to replac e “Longwall Mining” with “Underground Mining” and Section 4.3.4 Extractive I ndustries (a) and (c) be amended to replace reference to “Longwall Mining” w ith “Underground Mining” in Chapter C.4 Land Use Conflict and Buffer Zones.

1.21 Amend Draft DCP Chapter D.8 Temporary Events S ection 8.2 “What

Approvals are Required” to insert new paragraph 4 t hat identifies that minor events on environmentally sensitive land is exempt development under the draft LEP.

1.22 Amend draft DCP Chapter D.8 Temporary Events S ection 8.6.12 – Food to insert new information pertaining to up to date le gislative requirements and policies and to insert new Heading and paragraph pertaining to the following:

Food Stall Approval

Where food is to be served from a temporary food s tall, the stall operator is to obtain a separate approval to operate as a temp orary food business available from Council’s Environmental Health Team . An application form is available from the Cessnock Council website, www.c essnock.nsw.gov.au .

1.23 Amend Draft DCP Chapter E.7 Cessnock Airport ‘Cessnock Airport Locality Plan’ in Appendix 1 to extend proposed SP2 Infras tructure Zone over extent of airport areas, including, airport tarmac, airp ort building, car-park areas and internal roadways, and other buildings associ ated with the airport. 2. That the adopted Development Control Plan 2010 t ake effect upon gazettal of the

draft Local Environmental Plan 2010.


3. That Cessnock Development Control Plan 2006 be r epealed upon gazettal of the draft Local Environmental Plan 2010.


CARRIED UNANIMOUSLY



SUBJECT: FINALISATION OF DRAFT LOCAL ENVIRONMENTAL PLAN 2010

MOTION Moved: Councillor Smith Seconded: Councillor Main 1167 RESOLVED That the report be DEFERRED to the next meeting of Council.


CARRIED UNANIMOUSLY

The Strategic Land Use Planning Manager left the me eting, the time being 10.06pm


PROVIDING QUALITY SERVICES

PROVIDING QUALITY SERVICES NO. QS73/2010

SUBJECT: REPLACEMENT OF THREE (3) BRIDGES ON WOLLOM BI ROAD

MOTION Moved: Councillor Maybury Seconded: Councillor Smith 1168 RESOLVED Full road closure of Wollombi Road, Wollombi during the construction phase be permitted for a maximum duration of two (2) consecu tive days between 9am and 2pm provided it is considered essential and provided ex tensive community consultation and advertising is undertaken 2 weeks prior to any such planned closure.

FOR AGAINST Councillor Davey Councillor Ryan Councillor Troy Councillor Parker Councillor Gorman Councillor McCudden Councillor Olsen Councillor Main Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (11) Total (1)

CARRIED UNANIMOUSLY



SUBJECT: SALE OF PART OF COUNCIL ROAD RESERVE - STA NLEY STREET, CESSNOCK

Councillor Rachel Main left the meeting, the time b eing 10.08pm Councillor Rachel Main returned to the meeting, the time being 10.10pm MOTION Moved: Councillor Maybury Seconded: Councillor Troy 1169 RESOLVED 1. That Council make an application to the Land and Property Management

Authority to close parts of the public road adjoini ng Lot 16 DP 8991, Lot 17 DP 6326, Lot 14 DP 6326, Lot 10 DP 9640, which are sub ject to encroachments (Survey Plan 19554 Marshall Scott Surveyors), in ac cordance with the provisions of the Roads Act 1993 .

2. That Council comply with the provisions of Secti on 35 of the Roads Act 1993 and the Memorandum of Understanding entered into wi th the Department of Lands, now the Land and Property Management Authori ty, with respect to notifications and advertising in the local newspape r.

3. That provided no unresolved submissions are rece ived following notifications and advertising, Council proceed under the provisio ns of Section 37 of the Roads Act 1993 to advise the Land and Property Management Authori ty to place a notice in the Government Gazette to close p arts of the public road adjoining Lot 16 DP 8991, Lot 17 DP 6326, Lot 14 DP 6326, Lot 10 DP 9640, which are subject to encroachments, in accordance w ith the provisions of the Roads Act 1993 .

4. That following successful Gazettal, and the land vesting in Council, Council authorise the General Manager to negotiate the tran sfer, by private treaty, of the closed road portions to the adjoining land owners.


CARRIED UNANIMOUSLY



SUBJECT: ABERDARE CEMETERY DRAFT MASTERPLAN

MOTION Moved: Councillor Pynsent Seconded: Councillor Maybury 1170 RESOLVED 1. Council place the draft Masterplan for Aberdare Cemetery on public exhibition

for a period of 28 days and invite public submissio ns. 2. Should there be significant submissions at the c onclusion of the exhibition

period a further report will be prepared for Counci l’s consideration, otherwise the Draft Masterplan for Aberdare Cemetery will be adopted.


CARRIED UNANIMOUSLY



SUBJECT: KURRI KURRI CEMETERY DRAFT MASTERPLAN

MOTION Moved: Councillor Smith Seconded: Councillor Hawkins 1171 RESOLVED 1. Council place the draft Masterplan for Kurri Kur ri Cemetery on public exhibition

for a period of 28 days and invite public submissio ns. 2. Should there be significant submissions at the c onclusion of the exhibition

period a further report will be prepared for Counci l’s consideration, otherwise the Draft Masterplan for Kurri Kurri Cemetery will be adopted.


CARRIED UNANIMOUSLY



SUBJECT: PROPOSED ACQUISITION OF PART OF LOT 193 DE POSITED PLAN 755211(PART OF GRETA PARK) BY THE ROADS AND TRAFFIC AUTHORITY

MOTION Moved: Councillor Maybury Seconded: Councillor Parker 1172 RESOLVED 1. That Council concur to the proposal by the Roads and Traffic Authority NSW

for the compulsory acquisition of Council land, bei ng part of Lot 193 DP 755211, Greta Park. The land required is located o n the south eastern corner of the park and includes an area of approximately 1,27 5m2 (subject to final survey);

2. That Council accept compensation for the land ac quired, payable by the Roads

and Traffic Authority in accordance with Land Acqui sition (Just Terms Compensation) Act 1991 and the impartial determinat ion of compensation by the Valuer General. All costs associated with the valuation are to be borne by the RTA;

3. That Council authorise the Common Seal of Cessno ck City Council to be

affixed to documents relating to the compulsory acq uisition of the land and compensation payable; and

4. That Council authorise the Mayor and the General Manager to execute the

documents relating to the compulsory acquisition of the land and compensation payable.

5. That all proceeds from the sale of the land are to be expended on the park at

Greta.


CARRIED UNANIMOUSLY



SUBJECT: REQUEST BY THE OWNERS TO DONATE LAND BEING LOT 1 SECTION 5 DP 758153 TO CESSNOCK CITY COUNCIL

MOTION Moved: Councillor Smith Seconded: Councillor McCudden 1173 RESOLVED That Council:- 1. accept the transfer of Lot 1 Section 5 DP 758153 , being land adjoining Elderslie

Road, East Branxton at no cost to Council; 2. after registration of the Transfer, Lot 1 Section 5 DP 758153 be dedi cated as

public road under section 10 of the Roads Act 1993; 3. authorise the Common Seal of Cessnock City Counc il to be affixed to the

Transfer and Agreement between Cessnock City Counci l and Craig William Frima and Edwina Michelle Vasers (as joint tenants) in relation to Lot 1 Section 5 DP 758153; and

4. authorise the Mayor and General Manager to execu te the Transfer and

Agreement between Cessnock City Council and Craig W illiam Frima and Edwina Michelle Vasers (Proponents) in relation to Lot 1 Section 5 DP 758153.


CARRIED UNANIMOUSLY



SUBJECT: RESOLUTIONS TRACKING REPORT

MOTION Moved: Councillor Pynsent Seconded: Councillor Maybury 1174 RESOLVED That the report be received and the information not ed.


CARRIED UNANIMOUSLY


PROFESSIONAL MANAGEMENT AND LEADERSHIP

PROFESSIONAL MANAGEMENT AND LEADERSHIP NO. PM67/201 0

SUBJECT: STAFF APPOINTMENTS, RESIGNATIONS & TRANSFE RS



CARRIED UNANIMOUSLY



SUBJECT: INVESTMENT REPORT - AUGUST 2010



CARRIED UNANIMOUSLY



SUBJECT: RATES & CHARGES COLLECTED SUMMARY - AUGUST 2010



CARRIED UNANIMOUSLY



SUBJECT: 2008/09 COMPARATIVE INFORMATION ON NSW LOC AL GOVERNMENT COUNCILS

MOTION Moved: Councillor Parker Seconded: Councillor Main 1178 RESOLVED That the report be received and the information not ed.


CARRIED UNANIMOUSLY



SUBJECT: FINANCIAL REPORTS FOR THE YEAR ENDED 30 JU NE 2010 - REFER FOR AUDIT AND COUNCIL CERTIFICATION

MOTION Moved: Councillor Pynsent Seconded: Councillor McCudden 1179 RESOLVED 1. In accordance with Section 413(2)(c) of the Loca l Government Act, 1993 the

following statement of Council be adopted:

The General Purpose Financial Report has been prep ared in accordance with:

• The Local Government Act 1993 and the Regulations m ade there under. • The Australian Accounting Standards and professiona l

pronouncements. • The Local Government Code of Accounting Practice an d Financial

Reporting.

To the best of our knowledge and belief, these repo rts: • Presents fairly the Council’s operating result and financial position for

the year, and • Accord with Council’s accounting and other records.

We are not aware of any matter that would render th e reports false or misleading in any way.

2. In accordance with the Local Government Code of Accounting Practice and

Financial Reporting the following statement of Coun cil be adopted:

The Special Purpose Financial Reports have been pre pared in accordance with: • The Local Government Code of Accounting Practice an d Financial

Reporting. • NSW Government Policy Statement “Application of Nat ional Competition

Policy to Local Government”. • Department of Local Government Guidelines “Pricing & Costing for

Council Businesses: A Guide to Competitive Neutrali ty”.

To the best of our knowledge and belief, these repo rts: • Present fairly the operating result and financial p osition for each of

Council’s declared Business Activities for the year , and • Accord with Council’s accounting and other records.

We are not aware of any matter that would render the reports false or misleading in any way.


3. That Council authorise the Mayor, Deputy Mayor, General Manager and Responsible Accounting Officer to sign the Statemen ts by Council on its Opinion of the Accounts.


CARRIED UNANIMOUSLY



SUBJECT: AFFIXING THE COUNCIL SEAL AND SIGNATURES T O MEMORANDUM OF TRANSFER IN RELATION TO THE SALE OF 15 MT PLEASA NT GROVE, CESSNOCK

MOTION Moved: Councillor Pynsent Seconded: Councillor McCudden 1180 RESOLVED That Council: 1. authorise the Common Seal of Cessnock City Counc il to be affixed to the

Memorandum of Transfer between Cessnock City Counci l and Andrew Joseph Hartcher and Leteesha Jade Hartcher relating to the sale of land being 15 Mt Pleasant Grove, Cessnock (Lot 710 DP 1072339);

2. authorise the Mayor and General Manager to execu te the Memorandum of Transfer between Cessnock City Council and Andrew J oseph Hartcher and Leteesha Jade Hartcher relating to the sale of land being 15 Mt Pleasant Grove, Cessnock (Lot 710 DP 1072339).


CARRIED UNANIMOUSLY


ACTIVE PARTICIPATION AND COMMUNITY CONSULTATION

ACTIVE PARTICIPATION AND COMMUNITY CONSULTATION NO. AP10/2010

SUBJECT: MINUTES OF THE ACCESS ADVISORY COMMITTEE M EETING HELD 2 AUGUST 2010

MOTION Moved: Councillor Maybury Seconded: Councillor Hawkins 1181 RESOLVED That the Minutes of the Access Advisory Committee o f 2 August 2010 be adopted as a resolution of the Ordinary Council.


CARRIED UNANIMOUSLY


BUSINESS OF WHICH WRITTEN NOTICE HAS BEEEN GIVEN

NOTICES OF MOTION NO. BN32/2010

SUBJECT: SKATEPARKS IN CESSNOCK LGA

MOTION Moved: Councillor Pynsent Seconded: Councillor Main 1182 RESOLVED That the Notice of Motion be DEFERRED to the next meeting of Council as Councillor Burcham is absent.


CARRIED UNANIMOUSLY



SUBJECT: INFORMING OUR COMMUNITY

MOTION Moved: Councillor Troy Seconded: Councillor Parker 1183 RESOLVED That Council publicly notify the community of the e xtent and the limitations of the planning panels role in city planning and explain t he process by which it intends to operate. The Director Corporate & Community left the meeting , the time being 10.25pm.


CARRIED UNANIMOUSLY



SUBJECT: ASSESSMENT TIMES

MOTION Moved: Councillor Troy Seconded: Councillor Parker 1184 RESOLVED That the Council generate a report for Councillors and the general public’s information that sets forth and states clearly the time it curr ently takes as of the 1st of September 2010 to process DAs. In particular, but not limite d, to those mentioned in the heads of consideration given as reasons for appointment of a planning panel.


CARRIED UNANIMOUSLY



SUBJECT: PLANNING PANEL INFORMATION

PROCEDURAL MOTION Moved: Councillor Gorman That the Motion is ultra vires and should be thrown out. The Mayor ruled that the Motion is ultra vires and should not be dealt with. Councillor Ryan moved dissent from the Chairperson’s ruling in respect of Notices of Motion No. BN35/2010 – Planning Panel Information. MOTION Moved: Councillor Davey 1185 RESOLVED That the Mayor’s ruling be upheld.


CARRIED MOTION Moved: Councillor Smith Seconded: Councillor Pynsent 1186 RESOLVED That the motion lay on the table pending a report on its validity.


CARRIED


COUNCILLORS REPORTS

Councillor Parker Sustainable Councils 2010 Conference Councillor Parker tabled a report on his attendance at the Sustainable Council’s 2010 Conference. Councillor Smith Local Health Advisory Committee Councillor Smith reported that the Kurri Kurri Hospital, through the annual survey, was found to be ranked number 1 for Emergency Departments and Patient Care.



SUBJECT: COUNCILLOR ATTENDANCE AT LGA CONFERENCE

MOTION Moved: Councillor Pynsent Seconded: Councillor Maybury 1. That Councillors Parker, Main, Hawkins, Gorman & Smith attend the 2010 Local

Government Association Conference. 2. Council nominate Councillors Smith, Hawkins, Mai n & Gorman to be the voting

delegates for Council. AMENDMENT Moved: Councillor Olsen Seconded: Councillor Troy 1. That Councillors Parker, Main, Hawkins, Gorman & Smith attend the 2010 Local

Government Association Conference. 2. That Council nominate Councillors Gorman, Main, Parker & Smith to be the

voting delegates for Council and Councillor Hawkins as an alternate voting delegate.

FOR AGAINST Councillor Davey Councillor McCudden Councillor Troy Councillor Hawkins Councillor Parker Councillor Smith Councillor Ryan Councillor Pynsent Councillor Gorman Councillor Maybury Councillor Olsen Councillor Main Total (7) Total (5)

The Amendment was PUT and CARRIED, and as such beca me the Motion. The Motion was then PUT and CARRIED. MOTION Moved: Councillor Olsen Seconded: Councillor Troy 1187 RESOLVED 1. That Councillors Parker, Main, Hawkins, Gorman & Smith attend the 2010 Local

Government Association Conference. 2. That Council nominate Councillors Gorman, Main, Parker & Smith to be the

voting delegates for Council and Councillor Hawkins as an alternate voting delegate.


FOR AGAINST Councillor Davey Councillor McCudden Councillor Troy Councillor Pynsent Councillor Parker Councillor Maybury Councillor Ryan Councillor Gorman Councillor Olsen Councillor Main Councillor Hawkins Councillor Smith Total (9) Total (3)

CARRIED



SUBJECT: NAMING OF SUBURBS AND LOCALITIES

MOTION Moved: Councillor Smith Seconded: Councillor Maybury 1188 RESOLVED 1. That Council adopt the proposed locality boundar ies, as previously endorsed

by Council in Director Corporate & Regulatory Servi ces Report No. 17/2007 and as exhibited by the Geographical Names Board, subje ct to the following amendments:

(a) The boundary between Pokolbin and Rothbury foll ow Wine Country Drive,

then McDonalds Road to the intersection with Deasey s Road and then Deaseys Road to join the Cessnock/Singleton local g overnment boundary.

(b) That an expanded “Lovedale” be defined by Wine Country Drive to the west

and the rear boundary of the properties on the nort hern side of Talga Road.

(c) Amend the boundary between Mount View and Millf ield to include Lot 88 DP 755241 (33 Mount Barker Road) in the locality of Mo unt View.

(d) Amend the boundary between Murrays Run and Fern ances Crossing to

include Lot 1 DP 863953 (4751 Great North Road) in the locality of Fernances Crossing.

(e) Amend the north-eastern boundary between Loveda le and Keinbah to

follow Majors Lane and the road reserve identified as Native Dog Hill Road.

2. That Council support the use of Boree Valley and Wallabadah Valley as locality names in place of Yengo National Park but defer con sideration of the naming of the area exhibited as Yengo National Park to consul t with residents and the GNB in relation to boundaries and the locality name s.

3. That Council submit the locality boundaries to t he Geographical Names Board.

FOR AGAINST Councillor Davey Councillor Hawkins Councillor Troy Councillor Parker Councillor Ryan Councillor Gorman Councillor McCudden Councillor Olsen Councillor Main Councillor Smith Councillor Pynsent Councillor Maybury Total (11) Total (1)

CARRIED UNANIMOUSLY


MOTION Moved: Councillor Smith Seconded: Councillor Hawkins 1189 RESOLVED That Council records its deep and sincere appreciation for the thirty five years of service to Council and its community by Mr Bernie Mortomore and expresses to him their heartfelt best wishes for his future endeavours


CARRIED UNANIMOUSLY

The Meeting Was Declared Closed at 11.03pm CONFIRMED AND SIGNED at the meeting held on 6 October 2010

…………………………………………………………CHAIRPERSON

……………………………………………GENERAL MANAGER

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