minutes of the ordinary meeting - dungog shire council€¦ · 14. dungog shire community economic...

DUNGOG SHIRE COUNCIL

Minutes of the Ordinary Meeting

21 July 2009

This is page number 2 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 21 July 2009.

TABLE OF CONTENTS GENERAL MANAGER

1. Australian Local Government Association 2. Code of Conduct 3. Code of Conduct Complaints Received 1 July 2008 to 30 June 2009 4. Community Infrastructure Program 5. Department of Local Government – Special Rate Variation 6. Disclosure Obligations Under the NSW Election Funding & Disclosures Act 1981 7. Hunter Councils Board Representation to Minister Planning 8. Integrated Planning & Reporting 9. Maitland City Council – Draft Structure Plan 10. Proposed Tillegra Dam 11. Land Valuations 12. NSW Department of Local Government Circulars 13. Council’s Management Committee Meeting Minutes 14. Dungog Shire Community Economic Strategy 2009 15. Economic Development Committee 16. Community Project Officer Report

EXECUTIVE MANAGER – CORPORATE SERVICES

1. Statement of Investments 2. Works Cost Statement 3. Councillors Travelling & Other Expenses 4. Summary of Rates and Charges Collected 5. Authorisation of Expenditure for 2009/2010 6. Making of Rates and Charges for the Year Commencing 1 July 2009

EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS

1. Bruyn Park Dungog – Request for Commemorative Plaque 2. Works Progress Report 3. Rural Fire Service – Request for Reallocation of Funds 4. Request for Naming of Two Bridges in Honour of the Tickle Family 5. Regional Road Classification 6. Paterson Skate Park 7. Grazing Lease – Intervera

MANAGER – PLANNING

1. G & L Winchester – Vacant Holding Application 2. Draft Amendment to Dungog LEP 2006 3. Draft Amendment to Dungog LEP 2006 4. B W & E T Clark – Development Application No. 56/09 5. K J Gough – Development Application No. 58/09 6. Dungog Shire Council Land Use Strategy 7. NSW Planning Reform Update 8. Strategic Planning Update 9. Litigation Report 10. Development Applications & Complying Development Certificates – Delegated Authority

MANAGER – ENVIRONMENTAL SERVICES

1. Railcorp Quarry at Martins Creek 2. Railcorp Quarry at Martins Creek 3. Recovery of Unpaid On-Site Sewage Management Inspection Fees 4. Noxious Weeds Report 5. Review of Council’s Policy – Effluent Disposal for Unsewered 2A Properties 6. Review of Council’s Local Orders Policy for the Keeping of Animals


MINUTES OF THE ORDINARY MEETING OF DUNGOG SHIRE COUNCIL HELD AT DUNGOG SHIRE COUNCIL OFFICES ON 21 JULY 2009 COMMENCING AT 6.05 PM. PRESENT: The Mayor, Councillor G D Wall, and Councillors L D Mitchell, S B Farrow, P D Ainsworth, A G McKenzie, I S Lloyd, J F Thompson, H F Johnston and R A Booth. OFFICERS IN ATTENDANCE: C F Deasey, General Manager, S L Chandler, Executive Manager Corporate Services, S W Hitchens, Executive Manager Infrastructure & Assets, M D Brown, Manager Planning and T J Kavanagh, Manager Environmental Services. APOLOGY: Nil ABSENT: Nil DECLARATION OF INTERESTS: Nil CONFIRMATION OF MINUTES:

Minute No. 34567 RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that the Minutes of the Ordinary Meeting of Council, held on Tuesday 16 June 2009 and the Minutes of the Extraordinary Meeting held on 25 June 2009 having been circulated amongst the members of the Council be confirmed. MATTERS ARISING: The Prayer was delivered by Reverend Pirial Clift. The Ode was delivered by the Mayor, Cr Glenn Wall. RETIREMENT OF SANDRA BENSON AND OFFICIAL PRESENTATION: Whilst not in the format of a Mayoral Minute, I wish to advise Councillors and Staff of Sandra Benson's retirement as our Building and Amenities Caretaker. Sandra commenced work in December 1998 and has worked continuously in this role until she advised the General Manager of her retirement decision. To have such longevity as a Council Staff member, clearly demonstrates Sandra's dedication and loyalty. Sandra has done a magnificent job by working with people to overcome problems and assist to the best of her ability at all times. I personally have enjoyed working with Sandra and will certainly miss her in her Council capacity, as I am sure will all those who have had the opportunity to be associated with her at Council. I would also like to extend to Sandra the old adage "A Change is as Good as a Holiday" which I believe to be true, and I have no doubt that the next chapter of Sandra's life will bring forward many other exciting challenges. On behalf of all Councillors and Staff, I wish Sandra and her Family the best of health and I sincerely hope you gain as much in retirement as you have given to Dungog Shire Council over the years. All the very best for the future. WITHDRAWAL OF ITEMS AND LATE ITEMS OF BUSINESS The General Manager advised that the following late items of business are tabled for consideration at the meeting: Item 3 Manager Planning Report withdrawn.


GENERAL MANAGER'S REPORT

Craig Deasey 1. AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION EF09/1 Précis Reporting on correspondence received from the President Australian Local Government Association.

********** Minute No. 34568

RESOLVED on the motion of Cr Wall and seconded by Cr Thompson that the report be received and information noted.

Craig Deasey 2. CODE OF CONDUCT EF09/56 Précis: To report in accordance with the requirements of Sec 440 (7) Local Government Act (NSW) 1993 in relation to Councils Code of Conduct.

********** Minute No. 34569

RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that: 1. Council review the Dungog Shire Council Code of Conduct and determine whether there are

any further amendments required. 2. In the event that no further amendments are necessary that the Dungog Shire Council Code

of Conduct be adopted. Craig Deasey 3. CODE OF CONDUCT COMPLAINTS RECEIVED 1 JULY 2008 to 30 JUNE 2009 EF09/56 Précis: To report in accordance with the Councils Code of Conduct.

********** Minute No. 34570

RESOLVED on the motion of Cr Farrow and seconded by Cr Mitchell that the report be received and information noted.


Craig Deasey 4. COMMUNITY INFRASTRUCTURE PROGRAM

EF08/663 Précis: Reporting on the latest announcement by the Federal Government.

************ Minute No. 34571

RESOLVED on the motion of Cr Mitchell and seconded by Cr Farrow that: 1. The report be received and the information noted. 2. A further report be submitted once final designs and costings have been prepared for

Dowling Street.

Craig Deasey 5. DEPARTMENT OF LOCAL GOVERNMENT – SPECIAL RATE VARIATION

EF09/79 Précis: Reporting on the decision of the Minister for Local Government.

********* Minute No. 34572

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that the report be received and information noted.

Craig Deasey 6. DISCLOSURE OBLIGATIONS UNDER THE NSW ELECTION FUNDING & DISCLOSURE

ACT 1981 EF07/23 Précis Reporting on Councillors obligations in relation to their electoral funding disclosure under the NSW Election Funding and Disclosure Act 1981.

********** Minute No. 34573

RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that the report be received and information noted.


Craig Deasey 7. HUNTER COUNCILS BOARD REPRESENTATION TO MINISTER PLANNING EF08/172 Précis: To advise of the outcomes of the meeting between Hunter Councils delegates and the Minister for Planning.

********** Minute No. 34574

RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that the report be received and information noted.

Craig Deasey 8. INTEGRATED PLANNING & REPORTING EF09/142 Précis: To advise of the introduction into Parliament of the Planning & Reporting Bill by the Minister for Local Government.

********** Minute No. 34575

RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that the report be received and information noted.

Craig Deasey 9. MAITLAND CITY COUNCIL – DRAFT STRUCTURE PLAN EF08/556 Précis Reporting on correspondence received from Maitland City Council

********** Minute No. 34576

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be received and information noted.

Craig Deasey 10. PROPOSED TILLEGRA DAM

EF07/75 Précis: Providing Council on an update as regards matters concerning the proposed Tillegra Dam.

********** Minute No. 34577



Craig Deasey 11. LAND VALUATIONS EF08/130 Précis Reporting on correspondence received from the Valuer Generals Office

********** Minute No. 34578


Craig Deasey 12. NSW DEPARTMENT OF LOCAL GOVERNMENT CIRCULARS EF08/142 Précis: Providing a summary of circulars that have been released by the Department of Local Government.

********** Minute No. 34579

RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that the report be received and information noted. Craig Deasey 13. COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES Précis: Reporting on Minutes of Council Management Committee Meetings provided to Council.

********** Minute No. 34580

RESOLVED on the motion of Cr Mitchell and seconded by Cr Booth that the minutes of the Management Committee Meetings be received and noted.

Greg Fenwick 14. DUNGOG SHIRE COMMUNITY ECONOMIC STRATEGY 2009 EF 08/435 Précis: Reporting on the progress of the Community Economic Strategy for Dungog Shire, first reported to Council in June 2008, as a key component of the Community Economic Development Project developed through the support of the NSW Department of State and Regional Development and the Dungog Community.

**********


Minute No. 34581 RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that: 1. Council accepts the contents of this report and through the Economic Development

Committee continues to remain updated on all progress towards the recommended outcomes associated with the Dungog Shire Community Economic Strategy (2009).

2. The draft version of this strategy is placed on public exhibition for a period of at least 28

days to allow for further community consultation (if required) prior to adoption by council following a final report.

Greg Fenwick

15. ECONOMIC DEVELOPMENT COMMITTEE EF08/215

Précis: Reporting on the activities of the Economic Development Committee.

********** Minute No. 34582

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that Council accepts this report on the activity of the Economic Development Committee and remains aware of future activity.

Tracey Lowrey 16. COMMUNITY PROJECT OFFICER REPORT Précis: Reporting on Community Project Officer’s activities for the period April to June.

**********

Minute No. 34583 RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be received and information noted. CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGER'S REPORT

Shaun Chandler 1. STATEMENT OF INVESTMENTS

EF08/220

Précis: 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 Local Government Act.

********** Minute No. 34584

RESOLVED on the motion of Cr Mitchell and seconded by Cr Farrow that the report be received and information noted.


Cheryl Hyde 2. WORKS COST STATEMENT

EF 08/221 Précis: 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.

******** Minute No. 34585

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the Works Cost Statement for the period ending 30 June 2009 be received and noted.

Shaun Chandler 3. COUNCILLORS TRAVELLING & OTHER EXPENSES

EF 08/222

Précis: Report on Councillors travelling for Councillors information.

********** Minute No. 34586


Cheryl Hyde 4. SUMMARY OF RATES & CHARGES COLLECTED

EF08/261

Précis Reporting on the level of outstanding rates and charges as at 30 June 2009

******** Minute No. 34587


Shaun Chandler 5. AUTHORISATION OF EXPENDITURE FOR 2009/2010 EF09/79 Précis: Authorisation of expenditure included within the Management Plan 2009-2012 for the year ending 30 June 2010 as per the requirements under Clause 211 of the Local Government (General) Regulation 2005.

******** Minute No. 34588

RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that the amounts shown as estimated expenditure for 2009/2010 detailed in the Estimates of Expenditure and Income (inclusive of capital items) be approved and the funds be voted to meet the expenditure.


Helen Mammino 6. MAKING OF RATES AND CHARGES FOR THE YEAR COMMENCING 1 JULY 2009

EF08/537

Précis: Council is required to the make the rates and charges for the financial year commencing 1 July 2009 in accordance with Sections 535, 537 & 538 of the Local Government Act 1993.

******** Minute No. 34589

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that in accordance with Chapter 15 of the Local Government Act 1993, Council make the following rates and charges for the year 1 July 2009 to 30 June 2010:- (A) ORDINARY RATES

(i) The Farmland Category of the Ordinary Rate shall consist of a Base Amount to

which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be two hundred and sixty two dollars and seventy five cents ($262.75) on all rateable land within the category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate for the

Farmland Category of the Ordinary Rate that the levying of the Base Amount will produce, is 14.64%.

(b) the ad valorem amount shall be zero point two two eight five (0.2285)

cents in the dollar applied to the land value of all rateable land within the category, within the Shire.

(ii) The Residential Category, excepting Sub-categories Clarence Town, Dungog and

Village, of the Ordinary Rate shall consist of a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be two hundred and seventy four dollars and fifty

cents ($274.50) on all rateable land within the category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate for the

Residential Category of the Ordinary Rate that the levying of the Base Amount will produce, is 32.75%.

(b) the ad valorem amount shall be zero point two zero five four (0.2054)


(iii) The Residential - Clarence Town Sub-category of the Ordinary Rate shall consist of

a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be two hundred and fifty three ($253.00) on all

rateable land within the sub-category, within the Shire; and


the percentage of the total amount payable by the levying of the Rate for the Residential - Clarence Town Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 49.28%.

(b) the ad valorem amount shall be zero point two zero nine nine (0.2099)

cents in the dollar applied to the land value of all rateable land within the sub-category, within the Shire.

(iv) The Residential - Dungog Sub-category of the Ordinary Rate shall consist of a Base

Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be one hundred and fourteen dollars ($114.00) on

all rateable land within the sub-category, within the Shire; and the percentage of the total amount payable by the levying of the Rate for the

Residential - Dungog Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 21.43%.

(b) the ad valorem amount shall be zero point four two six zero (.04260) cents

in the dollar applied to the land value of all rateable land within the sub-category, within the Shire.

(v) The Residential - Village Sub-category of the Ordinary Rate shall consist of a Base


(a) the Base Amount shall be two hundred and sixteen dollars fifty cents

($216.50) on all rateable land within the sub-category, within the Shire; and the percentage of the total amount payable by the levying of the Rate for the

Residential - Village Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 48.33%,

(b) the ad valorem amount shall be zero point two one seven two (0.2172)


(vi) The Business Category, excepting Sub-categories Clarence Town, Dungog and

Village, of the Ordinary Rate shall consist of a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be three hundred and forty five dollars ($345.00)

on all rateable land within the category, within the Shire; and the percentage of the total amount payable by the levying of the Rate for the

Business Category of the Ordinary Rate that the levying of the Base Amount will produce, is 41.88%.

(b) the ad valorem amount shall be zero point three zero eight one (0.3081)


(vii) The Business - Clarence Town Sub-category of the Ordinary Rate shall consist of a

Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be three hundred and twenty two dollars ($322.00)

on all rateable land within the sub-category, within the Shire; and


the percentage of the total amount payable by the levying of the Rate for the Business - Clarence Town Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 48.92%.

(b) the ad valorem amount shall be zero point three nine six six (0.3966)


(viii) The Business - Dungog Sub-category of the Ordinary Rate shall consist of a Base


(a) the Base Amount shall be three hundred dollars and twenty five cents

($300.25) on all rateable land within the sub-category, within the Shire; and the percentage of the total amount payable by the levying of the Rate for the

Business - Dungog Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 40.99%.

(b) the ad valorem amount shall be zero point four five zero seven (0.4507)


(ix) The Business - Village Sub-category of the Ordinary Rate shall consist of a Base


(a) the Base Amount shall be two hundred and sixty five dollars ($265.00) on

all rateable land within the sub-category, within the Shire; and the percentage of the total amount payable by the levying of the Rate for the

Business - Village Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 49.89%.

(b) the ad valorem amount shall be zero point three one zero five (0.3105)


(B) SPECIAL RATES

(i) In accordance with the provisions of the Catchment Management Authorities Act

2003 and the Hunter Central Rivers Catchment Management Authority Regulation 2005 a Special Rate of zero point zero one zero six (0.0106) cents in the dollar be applied to the Land Value of land contained in the portion of the Hunter Central Rivers Catchment Management Authority District as is located within the Shire, and is rateable for the time being under the provisions of the Local Government Act 1993.

(C) CHARGES

(i) Domestic Waste Management Services

(a) In pursuance of Section 496 of the Local Government Act, 1993 an Annual Domestic Waste Management Charge of one hundred and sixty dollars ($160.00) for a weekly service to domestic premises will be levied as follows:-

No. of Services Annual Charge per Assessment per Assessment

1. $160.00


2. $320.00 3. $480.00 4. $640.00 5. $800.00 6. $960.00 7. $1120.00

(b) An Annual Domestic Waste Management Charge of twenty eight dollars

and ninety cents ($28.90) for each vacant parcel of rateable land for which the service is available in pursuance of Section 496 of the Local Government Act, 1993.

(ii) Waste Management Services

(a) In pursuance of Section 501 of the Local Government Act, 1993 an annual Waste Management Charge of one hundred and eighty four dollars ($184.00) for a weekly service to business/commercial premises will be levied as follows:-


1. $184.00 2. $368.00 3. $552.00 4. $736.00 5. $920.00 6 $1104.00 7 $1288.00 8 $1472.00 9 $1656.00 10 $1840.00 11 $2024.00 12 $2208.00

(b) A Waste Management Charge of one hundred and sixty nine dollars and

thirty cents ($169.30) per service per annum to non-rateable properties where the weekly service is provided in pursuance of Section 502 of the Local Government Act, 1993.

(iii) Recycling Services

(a) In pursuance of Section 496 of the Local Government Act, 1993 an Annual Recycling Charge of ninety two dollars and sixty cents ($92.60) for a fortnightly service will be levied on domestic premises that are subject to the charge.

(b) In pursuance of Section 501 of the Local Government Act, 1993 an annual

Recycling Charge of ninety two dollars and sixty cents ($92.60) per annum for a fortnightly service will be levied to business/commercial premises where the service is provided.

(c) In pursuance of Section 502 of the Local Government Act, 1993 a Recycling

Charge of ninety two dollars and sixty cents ($92.60) per annum for a fortnightly service will be levied to non-rateable properties where the service is provided.

(iv) Sanitary Services

(a) In pursuance of Section 501 of the Local Government Act, 1993 an annual

charge of one thousand four hundred and forty dollars ($1440.00) per service for the weekly removal of nightsoil will be levied as follows:-



1. $1440.00 2. $2880.00 3. $4320.00

(b) In pursuance of Section 502 of the Local Government Act, 1993 a Sanitary

Charge of one thousand four hundred and forty dollars ($1440.00) per service per annum will be levied to non-rateable properties where a service is provided.

(V) Stormwater Management Charge

In pursuance of the Local Government (General) Regulation 2005 a levy of twenty five dollars ($25.00) per urban rateable property for planning and provision of urban stormwater management services, with the exception of those properties exempted under the Regulation.

INFRASTRUCTURE & ASSETS DEPARTMENT EXECUTIVE MANAGER REPORT

Terry AG Wilson 1. BRUYN PARK DUNGOG – REQUEST FOR COMMEMORATIVE PLAQUE BY THE

BRUYN FAMILY AND RELATIVES 79/3

Précis: The Bruyn family have requested Council to re-evaluate its decision on placing a family plaque in Bruyn Park because “of this pioneer families historical significance and importance to Dungog, its people and its future development at the time.” **********

Minute No. 34590 RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that:

1. Council refuse the request from the Bruyn family relatives to place a plaque in Bruyn Park at the Mackay Street end; and

2. Council advise the writer Mr Wayne Cook of Council’s resolution and include a copy of the Council report with the response.

Steve Hitchens 2. WORKS PROGRESS REPORT EF08/208 Précis: Reporting on construction and maintenance works.

**********

Minute No. 34591 RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that the report be received and information noted.


Steve Hitchens 3. RURAL FIRE SERVICE - REQUEST FOR REALLOCATION OF FUNDS EF08/273

Précis: Reporting on a request by the Rural Fire Service to reallocate funds from Operational to Capital Expenditure.

********** Minute No. 34592

RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that Council approves the reallocation of $3,900 from Volunteers Training - Operational to Bush Fire Protection - Capital.

Steve Hitchens 4. REQUEST FOR THE NAMING OF TWO BRIDGES IN HONOUR OF THE TICKLE FAMILY EF 07/47

Précis: Reporting on submissions received regarding the naming of bridges on Sugarloaf Road and Chichester Dam Road in the honour of the Tickle family.

**********

Minute No. 34593 A MOTION was moved by Cr Farrow and seconded by Cr Mitchell that the following be forwarded to the Geographical Names Board: 1. The name W K Tickle Bridge for the culvert on Sugarloaf Road. 2. The name John & Richard Tickle Bridge for the bridge on Chichester Dam Road. 3. Cost to be borne by the Tickle family. On being put the motion was carried.

Steve Hitchens 5. REGIONAL ROAD CLASSIFICATION REVIEW EF 07/7

Précis: Reporting on the results of the review undertaken by the NSW Roads Classification Panel.

**********

Minute No. 34594 RESOLVED on the motion of Cr Wall and seconded by Cr Thompson that the report be received and information noted.

Steve Hitchens 6. PATERSON SKATE PARK EF08/67 Précis: Reporting on the current status of the proposed Paterson Skate Park facility.

**********


Minute No. 34595 A MOTION was moved by Cr Booth and seconded by Cr Thompson that: 1. Council acknowledges the efforts made by the Paterson Progress Association with regards to

pursuing funding for the Paterson Skate Park; 2. The level of Council funding be $25,000 to be sourced from the Section 94 Fund and an

appropriate internal reserve with repayments to be made from future Section 94 payments. 3. Council as the landowner approve the submission of a Development Application by Paterson

Progress Association for the Paterson Skatepark. On being put the motion was carried.

Terry AG Wilson 7. GRAZING LEASE - INTERVERA EF08/375 Précis: Reporting on a request from Marc and Caroline Intervera to lease Lot 113 DP752496 Pound Crossing Road.

********** Minute No. 34596

RESOLVED on the motion of Cr Mitchell and seconded by Cr Farrow that Council endorses the proposed lease in principle and that: 1. If no objections are received, Council staff prepare the lease documents and enter into a

lease with Marc and Caroline Intervera. 2. If objections are received a further report be prepared and presented to Council for its

consideration. PLANNING DEPARTMENT MANAGERS REPORT

Carolyn Maginnity 1. G & L WINCHESTER – VACANT HOLDING APPLICATION LOT 83 DP 752459 & LOT 186 DP 128949, 312 HILLDALE ROAD, HILLDALE

171/82/20

Minute No. 34597 RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that: 1. Council resolve to prepare an amendment to Dungog Local Environmental Plan 2006 to

include Lot 83 DP 752459, No. 312 Hilldale Road, HILLDALE in Schedule 1 – Vacant Holdings.

2. Pursuant to section 55 of the Environmental Planning and Assessment Act 1979, Council

prepare a Planning Proposal explaining the intended effect of the proposed LEP and setting out the justification for making the proposed instrument.

3. Pursuant to section 56(1) of the Environmental Planning and Assessment Act 1979, Council

forward the Planning Proposal to the Minister for Planning for a Gateway determination. The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:

For: Crs Wall, Mitchell Booth, Ainsworth, Johnston, McKenzie, Lloyd, Thompson, Farrow.


Carolyn Maginnity 2. DRAFT AMENDMENT TO DUNGOG LEP 2006

LOT 100 DP 1089164, 4426 CLARENCE TOWN ROAD, WIRRAGULLA 171/82/24

Minute No. 34598 RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that: 1. Council resolve to prepare an amendment to Dungog Local Environmental Plan 2006 to

include Lot 100 DP 1089164, No. 4426 Clarence Town Road, Wirragulla in Schedule 4 – Additional Development, to permit the subdivision of the subject land into two (2) lots.

2. Pursuant to section 55 of the Environmental Planning and Assessment Act 1979, Council

prepare a Planning Proposal explaining the intended effect of the proposed LEP and setting out the justification for making the proposed instrument.

3. Pursuant to section 56(1) of the Environmental Planning and Assessment Act 1979, Council

forward the Planning Proposal to the Minister for Planning for a Gateway determination. The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:


Carolyn Maginnity 3. DRAFT AMENDMENT TO DUNGOG LEP 2006

LOT 1 DP 67312, 1590 FOSTERTON ROAD, DUNGOG 171/82/24

Minute No. 34599 RESOLVED on the motion of Cr Lloyd and seconded by Cr Mitchell that: 1. Council resolve to prepare an amendment to Dungog Local Environmental Plan 2006 to:

a) include Lot 1 DP 67312, No. 1590 Fosterton Road, Dungog in Schedule 4 – Additional Development, to permit the erection of a Rural Workers Dwelling on the

subject land; and b) include, in the Dictionary, the standard LEP template definition of Rural Workers

Dwelling.

2. Pursuant to section 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal explaining the intended effect of the proposed instrument and setting out the justification for making the proposed instrument.

3. Pursuant to section 56(1) of the Environmental Planning and Assessment Act 1979, Council forward the Planning Proposal to the Minister for Planning for a Gateway determination.

The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:



Matthew Brown 4. BW & ET CLARK – LOT 1 DP 75472 NO. 270 DOWLING STREET, DUNGOG DA 56/09

Minute No. 34600 RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that DA 56/09 be approved subject to the following conditions:-

THIS CONSENT IS SUBJECT TO THE FOLLOWING CONDITIONS:- General 1. The development is to be carried out in accordance with all plans, statement of environmental

effects and accompanying documents submitted to and approved by Council as part of the application. In particular, the following plans/documents. Any amendments to these plans will require the approval of Council.

• Amended Statement of Environmental Effects – Dated 15 June 2009, Reference

099168.26L. • Plans included as Annexure 2 (dated 12.4.09) in the submitted Statement of

Environmental Effects. • Fire Safety Report – Prepared by Mr Scott McGufficke, dated 18 January 2009. • Heritage Impact Statement – Prepared by Henley Cox “The Heritage Man” – dated 3

June 2009.

Reason: To ensure all works are carried out in accordance with the considered and approved plans.

2. All aspects of the building design shall comply with the applicable performance

requirements of the BCA for a Classification of the building or structure so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by:-

(a) complying with the deemed to satisfy provisions; or (b) formulating an alternative solution which:- (i) complies with the performance requirements; or

(ii) is shown to be at least equivalent to the deemed to satisfy provisions; or (c) a combination of (a) or (b) Reason: To ensure/maintain public safety and to ensure compliance with the BCA.

3. All building work must be carried out in accordance with the provisions of the Building Code

of Australia.

Reason: To ensure/maintain public safety and to ensure compliance with the BCA.

4. All fees, Section 94 and other Contributions will need to be adjusted in accordance with Councils Fees & Charges applicable at the time of payment.

Reason: To ensure all Fees & Charges are paid at the correct rate at the time of payment.

5. This approval does not relate to any signage (including advertising signage) associated with the proposed development. A new Development Application for the signage must be applied for and approved by Council prior to its erection.

Reason: To ensure the impacts of any proposed signage is consider through the development assessment process.


6. The premises must be operated in accordance with the NSW Food Act 2003, Food Regulations 2005 and the Food Standards Code.

Reason: To ensure/maintain public health/safety and to ensure compliance with the

respective legislation. 7. The premises must be constructed in accordance with the NSW Food Act 2003 and the

Food Standards Code

Reason: To ensure/maintain public health/safety and to ensure compliance with the respective legislation.

8. The building shall NOT BE USED OR OCCUPIED until completed and conditions of consent

have been complied with and an Occupation Certificate has been issued.

Reason: To ensure all conditions of consent are completed and to comply with the Environmental Planning and Assessment Act.

9. All deliveries associated with the drive through bottle shop are to be made from vehicles

parked off street.

Reason: To comply with Council’s Off Street Carparking DCP and to maintain public safety. 10. The trading hours of the drive through bottle shop are from 10am to 8pm Sunday to

Thursday and from 10am to 9pm, Friday and Saturday

Reason: To ensure the trading hours of the premises are consistent with that of its use and the surrounding area. To reduce potential land use conflicts.

11. All traffic/road signage is to be installed as per the Australian Standard. Unprofessional and

hand painted signage is not suitable.

Reason: To ensure the signage can be clearly interpreted and to maintain visual amenity. 12. Council approved Erosion and Sediment Control facilities are to be installed prior to

commencement of any site works. Sediment control measures shall be provided for the duration of the works, in particular during the construction of the car park and trafficable areas and until the site is stabilised to the satisfaction of Council.

Reason: To ensure all sediment is contained on the development site. Prior to Issue of Construction Certificate 13. A Construction Certificate for the construction of the car park and trafficable areas is to be

issued by the Certifying Authority prior to commencement of any works. The application for this Certificate is to satisfy all of the requirements of the Environmental Planning and Assessment Regulation 2000.

Reason: Required by the Environmental Planning and Assessment Act and Regulation.

14. Separate approval from Council as the Roads Authority must be obtained under Section 138 of the Roads Act 1993 prior to the issue of any Construction Certificate which includes any works within a Council road reserve. For any such works, design plans must be submitted to Council for approval prior to issue of the Construction Certificate.

Reason: Required under the Roads Act 1993.

15. The submission of a detailed design with appropriate line marking and signage of the car

park and accesses in accordance with Australian Standard 2890.1. Certification of the


design, line marking and signage by a suitably qualified consultant is to be provided to Council prior to issue of the Construction Certificate.

Reason: To ensure car parking details are designed in accordance with Australian Standards and to the satisfaction of Council.

16. The developer shall arrange for detailed design plans for the upgrade of the existing vehicle

access/footpath crossing in Dowling Street to incorporate a minimum 6 metre wide width at the kerb and property boundary to Council's satisfaction. This will involve the extension and repair of the existing concrete type bridge gutter crossing and relocation of fencing on the boundary. This is to be carried out prior to the issue of the Construction Certificate. Reason: To provide an appropriate standard of vehicle access to the land to accommodate the traffic likely to be generated from the development.

17. The Developer shall provide detailed design plans for the sealing of the vehicle access

connecting the concrete footpath off Dowling Street to the existing concrete exit driveway adjacent the proposed bottle shop building. The plans and detail shall also include the limits of sealing required associated with the 3 additional parking spaces and their vehicle turning paths. This is to be carried out prior to the issue of the Construction Certificate.

Reason: To ensure works are carried out in accordance with Council’s Off Street Parking

policy. 18. The developer shall provide a detailed design for the construction of a storm water

management system from the car parking and impermeable areas. This is to show drainage pits and pipes, methods of treatment and disposal.

Reason: To ensure storm water is adequately collected and disposed of. To maintain water quality.

Prior to Issue of Occupation Certificate 19. A payment of a cash contribution to Council in accordance with the provisions of Dungog

Section 94 Contributions Plan 2004 adopted 29 September 2004, is required.

Dungog Commercial Contribution $270 x daily vehicle generation = $ 6750.00

Therefore, a total of $ 6750.00 is to be paid to Council as a section 94 developer contribution. This is to be paid prior to the issue of the Occupation Certificate. Reason: This development results in increased demand on existing amenities or services that has been identified in respective contribution plans. These plans are available for inspection at Council’s offices, Dowling Street, Dungog. Council will hold the money payable under this condition and utilize these funds to upgrade amenities or services in the future.

Advice: Copies of the Contributions Plan are available for inspection and purchase at Council’s Administration Building, Dungog. The applicant must contact Council prior to the payment to determine the current rate of contribution, as the rates are revised quarterly. Staging of payments is permitted if staging of development is approved by the terms of this consent.

20. The developer shall upgrade of the existing vehicle access/footpath crossing in Dowling

Street to incorporate a minimum 6 metre wide width at the kerb and property boundary to Council's satisfaction. This is to be carried out prior to the issue of the Occupation Certificate. This will involve the extension and repair of the existing concrete bridge type gutter crossing and relocation of fencing on the boundary.


Reason: To provide an appropriate standard of vehicle access to the land to accommodate the traffic likely to be generated from the development.

21. All car parking, loading, through and trafficable are to be sealed, bitumen or paved to a

standard approved by Council. This is to include construction of the stormwater management system for the impermeable car parking area. The construction, line marking and signage of the car park and accesses is to be in accordance with Australian Standard 2890.1. Certification of the construction, line marking and signage by a suitably qualified consultant is to be provided to Council prior to issue of the Occupation Certificate.

Reason: To ensure car parking details are designed in accordance with Australian Standards and to the satisfaction of Council.

22. The Developer construct the vehicle access connecting the concrete footpath off Dowling

Street to the existing concrete driveway adjacent the proposed bottle shop building. Construction shall also include the limits of sealing required associated with the 3 additional parking spaces and their vehicle turning paths. This is to be carried out prior to the issue of the Occupation Certificate.

Reason: To ensure works are carried out in accordance with Council’s Off Street Parking policy.

23. The developer install a traffic calming device (a speed hump is recommended) with a Stop

sign and hold line at the Hooke Street Exit in accordance with AS 2890 Parking Facilities. This is to be carried out prior to the issue of the Occupation Certificate.

Reason: To provide adequate safety to pedestrians and vehicles exiting the development.

24. Access to the building shall be provided for Disabled Persons in accordance with the

provisions of Part D3 of the Building Code of Australia and the Australian Standard 1428.1. This ramp is to be constructed in a manner to ensure it has adequate fall away from the building and/or flashings to prevent any moisture penetrating the sub floor space. This is to be carried out prior to the issue of the Occupation Certificate. Reason: To ensure disabled access is provided to the premises and to comply with the respective legislation. To limit water damage / deterioration of the heritage building.

25. The building/shed is to comply with the requirements of Part C1 and Specification C1.1 of the BCA, to achieve a Fire Resistance Level (FRL) of at least 90/90/90. Prior to the issuing of the occupation certificate documentary evidence is to be submitted to Council detailing how the drive through bottle shop complies with Part C1 and Specification C1.1 of the BCA.

The applicant is required to;

a. Provide details to Council of the method proposed and carry out such works to

achieve compliance with the fire protection provisions of the BCA for western external wall (where closer than 1.5m to the fire source feature)

b. Provide details to Council of the method proposed and carry out such works to

achieve compliance with the fire protection provisions of the BCA for the external walls on the northern and southern side (where closer than 3.0m to the western boundary)

c. Provide details to Council of the method proposed and carry out such works to

achieve compliance with the fire protection provisions of the BCA for the window in the southern side wall (where closer than 3.0m to the western side boundary).

Reason: To ensure/maintain public safety and to ensure compliance with the BCA.


26. Prior to Council approving occupation of the building, the applicant shall submit to Council a

Certificate in respect of each ESSENTIAL SERVICE installed in the building (as detailed on attached schedule) indicating that:-

(a) the service has been inspected and tested by a person (chosen by the owner of the

building) who is competent to carry out such an inspection and test; and (b) the service was or was not (as at the date on which it was inspected or tested) found

to have been designed and installed, and to be capable of operating, to a standard not less than that required by or under this regulation or by the Council.

The building owner shall cause Council to be given a Certificate as indicated above every

twelve months after the first certificate is supplied. Note: The certificates shall be in a form approved by Council. Reason: To ensure that each of the essential services is installed and is capable of

operating standard. 27. The applicant is to supply Council with a copy of the liquor license from the NSW Office of

Liquor, Gaming and Racing. This is to be carried out prior to the issue of the Occupation Certificate.

Reason: To provide a copy of this approval for Council’s records.

28. A photographic record should be made by the owner of the building and deposited in the

Dungog Library and the Historical Society together with a copy of all documentation attached to the DA, including the Statement of Environmental Effects and the Heritage Impact Statement. This is to be carried out prior to the issue of the Occupation Certificate.

Reason: To create an historical record of the building.

29. The hitching ring and any other evidence of the earlier use should be replaced within the building if whereabouts are known This is to be carried out prior to the issue of the Occupation Certificate. Reason: To enhance the heritage value of the building/use/property and to increase heritage interpretation

30. The building’s history as a stable for horses and a sample room for visiting merchants is

significant and should be acknowledged on site by a small sign placed in a public area. Reason: To enhance the heritage value of the building/use/property and to increase heritage interpretation

31. The developer is to implement the following to ensure the safety of people;

Enable people to be seen, to see and to interpret their surrounds through; • Adequate Lighting • Clear Sightlines • The elimination of entrapment spots • The use and design of landscaping and fencing • Enable people to be able to leave an area or seek assistance when in danger, through legible design and comprehensive surveillance

The above is to be carried out prior to the issue of the occupation certificate.

Reason: For public safety and to reduce the threat of crime.


32. Development should promote the security of property by:

a) Clearly defining ownership and legitimate use of private, public and community space

b) Avoid the use of materials which are likely to be susceptible to damage and vandalism.

c) Avoid fencing and landscaping which may present a security risk by obscuring doors and windows.

d) CCTV surveillance cameras must be installed to run 24/7. These are to provide vision of the entry and exit locations of the facility. The CCTV is to be of a standard / resolution that can clearly identity number plates and facial features. This CCTV network is to be installed to a standard approved by the NSW Police.

e) Alarm system should be installed

The above is to be carried out prior to the issue of the occupation certificate. Minimum standards

As the development (Liquor Store) will be used at night, the lighting should allow visibility.

Pedestrian pathways, laneways and access routes in outdoor public spaces should be lit to the minimum Australian Standard of AS 1158 (Public Lighting Code).

Consistency of Lighting

Lighting should be consistent in order to reduce contrast between shadows and illuminated areas. External lighting is to be designed in accordance with AS1158 lighting for roads and public spaces.

Reason: For public safety and to reduce the threat of crime. The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:


Brent Mason 5. K J GOUGH - LOT 1 DP 627282, 70-74 RIFLE STREET, CLARENCE TOWN DA 58/09

Minute No. 34601 RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that Council approve Development Application 58/09 for the construction of a shed on land known as Lot 1 DP 627282, 70-74 Rifle Street, Clarence Town subject to the following conditions:-

THIS CONSENT IS SUBJECT TO THE FOLLOWING CONDITIONS:- Prior to Issue of Construction Certificate 1. The applicant shall provide the Principal Certifying Authority with a copy of an Owner

Builders Permit or in the event the works being carried out by a licenced builder, details of the Building Contractor.

Reason: To comply with the Home Building Act 1989 and Environmental Planning and Assessment Regulation 2000.


General 2. The development is to be carried out in accordance with the plans (numbered 58/2009 and

dated 22 May 2009) and statement of environmental effects submitted to and stamped by Council as part of the application. Any amendments to these plans will require the approval of Council.

Reason: To ensure all works are carried out in accordance with the approved plans.

3. All aspects of the building design shall comply with the applicable performance

requirements of the BC A for a Classification of the building or structure so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by:-

(a) complying with the deemed to satisfy provisions; or (b) formulating an alternative solution which:- (i) complies with the performance requirements; or

(ii) is shown to be at least equivalent to the deemed to satisfy provisions; or (c) a combination of (a) or (b)

4. All building work must be carried out in accordance with the provisions of the Building Code

of Australia. 5. All fees, Section 94 and other Contributions will need to be adjusted in accordance with

Councils Fees & Charges applicable at the time of payment.

Reason: To ensure all Fees & Charges are paid at the correct rate at the time of payment. 6. The applicant shall ensure that arrangements are made for the Principal Certifying Authority,

Council or Private Certifier, to carry out MANDATORY CRITICAL STAGE INSPECTIONS of the building at the stages indicated as follows in bold.

Request for inspections may be made either by telephone or in person. Forty eight (48) hours notice must be given for inspections. Applicants are required to nominate the relevant Construction Certificate Number and

location prior to the inspection request being granted. Note: MANDATORY CRITICAL STAGE INSPECTIONS are required to be carried out in

order to ensure that an occupation certificate can be issued. In the event that any mandatory critical state inspection is not carried out, an occupation certificate cannot be issued.

Clause 163, Environmental Planning & Assessment Regulation 2000.

Reason: To ensure compliance with the requirements of the Building Code of Australia and the Environmental Planning and Assessment Regulation 2000.

7. INSPECTION OF PIER HOLES, is required before they are filled with concrete.


8. INSPECTION OF FOOTING TRENCHES, with reinforcing steel in position is required

before the footing is poured.



9. INSPECTION OF REINFORCING STEEL, when in position is required prior to pouring

concrete for slab/s, swimming pools or walls.


10. INSPECTION OF STORMWATER DRAINAGE, prior to the covering of stormwater and

drainage connections.


11. INSPECTION OF THE BUILDING OR STRUCTURE, WHEN COMPLETED, is required

prior to occupation or use. Note: It is an offence to occupy a building prior to the issue of an occupation certificate.

Council may issue fines for the occupation of a building prior to an occupation certificate being issued.

Occupation & Subdivision Certificates cannot be issued by the PCA unless all pre-conditions of development consent have been complied with. (Section 109E(3)(e) and Section 109H).

THE PERSON HAVING THE BENEFIT OF THE DEVELOPMENT CONSENT OR THE BUILDER/OWNER BUILDER MUST GIVE FORTY EIGHT (48) HOURS WRITTEN NOTICE TO THE PRINCIPAL CERTIFYING AUTHORITY PRIOR TO COMMENCEMENT OF ANY BUILDING, DEMOLITION OR SUBDIVISION WORK.


12. The building shall NOT BE USED OR OCCUPIED until completed and conditions of consent

have been complied with and an Occupation Certificate has been issued.

Reason: To ensure the respective requirements have been met and the building is suitable to be occupied.

13. The Shed is NOT TO BE USED as a dwelling at any time.

Reason: To ensure compliance with the Dungog Local Environmental Plan 2006. 14. The GARAGE OR OUTBUILDING shall not be adapted nor used for residential, commercial

or industrial purposes without the prior written consent of Council.

Reason: To ensure the development is used as per its development approval. During Construction 15. A sign must be erected in a prominent position on any work site on which work involved in

the erection or demolition of a building is being carried out:-

(a) stating that unauthorised entry to the work site is prohibited; and (b) showing the name of the person in charge of the work site and a telephone number

at which that person may be contacted.


(c) identifying the Principal Certifying Authority and a telephone number at which that person may be contacted.

Any such sign is to be removed when the work has been completed. Reason: To ensure the development complies with the Environmental Planning and Assessment Regulation 2000 and for the benefit of public safety.

16. A waste containment facility to Council's requirements is to be provided on the building site immediately after the first concrete pour for the building and is to be regularly serviced.

Council and the Environmental Protection Authority may issue "on the spot" fines if

breaches of the Environmental Offences and Penalties Act, are detected. Note - your attention is drawn to your responsibility to control any litter arising from building

works associated with this consent.

Reason: To comply with the requirements under the Protection of the Environment Operations Act 1997.

17. The site shall be kept clean and tidy during the construction period and all rubbish shall be removed from the site upon completion of the project to the satisfaction of this office.

Reason: To minimise pollution and to comply with the requirements under the Protection of the Environment Operations Act 1997.

18. ALL BUILDING MATERIALS, plant and equipment is to be placed ON THE BUILDING

SITE. Building materials, plant and equipment (including water closets), are not to be placed on footpaths, roadways, public reserves etc.

Reason: To ensure pedestrian and vehicular access is not restricted in public places. 19. The EXCAVATED and/or filled areas of the site are to be STABILISED and drained to

prevent scouring onto adjacent private or public property. The finished ground around the perimeter of the building is to be graded to prevent ponding of water and to ensue the free flow of water away from the building and adjoining properties.

Reason: To ensure the development will not have any adverse impact on the neighbouring

properties. 20. ALL EXCAVATED OR FILLED AREAS are to be BATTERED to a slope of not greater than

45 degrees to the horizontal, or alternatively, be retained by a retaining wall. Where the height of the retaining wall exceeds 1000mm, duplicate copies of structural details, prepared by a practicing Structural Engineer, are to be submitted to and approved by Council prior to their construction. All excavated and filled areas are to be drained to the satisfaction of Council

Reason: To ensure the land on which the development will be located is structurally sound.

21. FILLING shall not be placed in such a manner that NATURAL DRAINAGE from adjoining

land will be obstructed. Reason: To ensure the construction does not create drainage problems. 22. To minimise soil erosion during construction, the owner and builder shall ensure that the

following measures are implemented in the sequence outlined:-

(i) A dish shaped diversion drain or similar structure will be constructed above the proposed house site to divert run-off to a stable discharge area such as an area with


a grass cover. (This diversion drain is to be lined with turf or otherwise stabilised if it erodes after rainfall).

(ii) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (eg "silt stop").

(iii) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed.

(iv) Top soil from the construction site or builders sand is to be stockpiled in a location where it will not be eroded from the site, and is not to be stockpiled on the road reserve.

(v) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated.

(vi) If soil or other materials are spilt accidentally onto the road or gutter, they shall be removed prior to the completion of the day's work.

All erosion and sedimentation controls are to be installed in accordance with Council's

erosion and sedimentation control policy and code of practice. Failure to implement and maintain all erosion and sedimentation control measures is a

breach of the Protection of the Environment Operations Act 1997 and is liable to a $750 on-the-spot fine.

Reason: To ensure all sediment is contained on the development site and appropriate environmental controls are in place.

23. Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by

running water to be stored clear of any drainage lines, easement, natural watercourse, footpath, kerb or road surface.

Reason: To ensure compliance with Council’s Erosion and Sediment Control Plan Guidelines.

24. ALL ROOF WATER shall be conducted to the street gutter, or other discharge point

approved by Council, by means of a sealed pipeline having a minimum diameter of 90mm.

Reason: To ensure that stormwater does not get directed to neighbouring properties. Principal Certifying Authority As your principal Certifying Authority, Council wishes to inform you of the following requirements:- 25. FOOTINGS shall be founded on NATURAL GROUND of even bearing pressure.

Reason: To ensure the development complies with the requirements under the Building Code of Australia.

26. All overflow from roof water tanks shall be piped clear of building foundations and shall not

cause nuisance to adjacent properties.

Reason: To comply with the Building Code of Australia. Rural Sheds 27. Colour and texture of the external materials of the buildings are to be chosen to ensure they

blend into the natural surroundings. In this regard, non-reflective materials shall be used in all external finishes.

Reason: To comply with Council’s DCP.


The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:


Matthew Brown 6. DUNGOG SHIRE COUNCIL LAND USE STRATEGY EF08/50 Précis: This report seeks a resolution from Council to place the Draft Dungog Shire Council Land Use Strategy (DLUS) on public exhibition. The document has been provided to Councillors and a workshop carried out on 15 July 2009.

********** Minute No. 34602

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the Draft Dungog Land Use Strategy be adopted for the purposes of public consultation/exhibition. The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:


Matthew Brown 7. NSW PLANNING REFORM UPDATE EF08/361 Précis: Update on the NSW Planning reforms. A range of planning reforms initiatives commenced on 1 July 2009, some of which place additional time and resource pressures on planning staff.

********** Minute No. 34603


Matthew Brown 8. STRATEGIC PLANNING UPDATE EF08/226 Précis: There are at present a number of strategic planning applications (rezonings) being processed. Refer to the summary and status included below. A large number of site specific LEP amendments have now been removed from the list following the gazettal of LEP Amendment No. 6 on 19 December 2008.

********** Minute No. 34604



Matthew Brown 9. LITIGATION REPORT EF08/227 Précis: Reporting on Planning Legal Costs in relation to litigation matters.

********** Minute No. 34605


Matthew Brown 10. DEVELOPMENT APPLICATIONS & COMPLYING DEVELOPMENT CERTIFICATES -

DELEGATED AUTHORITY EF08/228, EF08/423

Development Consent has been granted to the following development applications and complying development certificates under delegated authority for the month of June 2009.

********* Minute No. 34606

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be received and information noted. ENVIRONMENTAL SERVICES DEPARTMENT MANAGER'S REPORTS

Terry Kavanagh 1. RAILCORP QUARRY AT MARTINS CREEK EF08/166 TPAs 1553/1502, 1553/16, 1553/17 Précis: This report is to advise Council of correspondence from Minister Carmel Tebbutt and from Department of Environment and Climate Change (DECC) in relation to the DECC’s action in modifying the RailCorp Martins Creek Quarry’s extraction licence.

********** Minute No. 34607

RESOLVED on the motion of Cr Thompson and seconded by Cr Booth that the report be received and information noted.

Terry Kavanagh 2. RAILCORP QUARRY AT MARTINS CREEK EF08/166, TPA’s 1553/1502, 1553/16, 1553/17 Précis: This report is to update Council on action by Council staff in relation to RailCorp’s operations at Martins Creek Quarry.

********** Minute No. 34608

RESOLVED on the motion of Cr Mitchell and seconded by Cr Ainsworth that the report be received and information noted.


Terry Kavanagh

3. RECOVERY OF UNPAID ON-SITE SEWAGE MANAGEMENT INSPECTION FEES EF 08/301 Précis: This report is to advise Council of debt recovery action in relation to non payment of fees for inspections carried out under Council’s On-site Sewage Management Strategy.

*********** Minute No. 34609

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that:

1. Council Staff proceed to issue fines in line with the steps outlined in the report.

2. The debt collection process outlined in this report in relation to the collection of unpaid septic inspection fees is implemented wherever these debts exceed 120 days.

Eric Pasenow 4. NOXIOUS WEEDS REPORT EF08/209 Précis: Reporting on Noxious Weeds Program for the period 1st May 2009 to the 30th June 2009 and providing a summary for the 2008/2009 period.

********** Minute No. 34610


Terry Kavanagh 5. REVIEW OF COUNCILS POLICY EFFLUENT DISPOSAL FOR UNSEWERED 2A

PROPERTIES EF08/566 Précis: This report provides for review Councils Effluent Disposal for Unsewered 2A Properties.

********** Minute No. 34611

RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that: 1. The Effluent Disposal for Unsewered 2A Properties Policy is advertised and submissions

received for a period of 28 days. 2. If no submissions are received, at the end of this period, the policy be formally adopted by

Council.


Terry Kavanagh 6. REVIEW OF COUNCILS LOCAL ORDERS POLICY FOR THE KEEPING OF ANIMALS EF08/566 Précis: This report provides for review Councils Local Orders Policy for the Keeping of Animals.

********** Minute No. 34612

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that: 1. The Local Orders Policy for the Keeping of Animals is advertised and submissions received

for a period of 28 days. 2. If no submissions are received, at the end of this period, the policy be formally adopted by

Council. QUESTIONS WITHOUT NOTICE Nil. BUSINESS OF AN URGENT NATURE Nil. There being no further business the meeting terminated at 7.53 pm. Confirmed ................................................. Date .................................................

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