minutes of the ordinary meeting of upper ......original recommendation to the committee has been...

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Page 1 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015 MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY 27 JULY 2015 IN THE COUNCIL CHAMBERS, SCONE COMMENCING AT 5.00pm PRESENT: Cr Wayne Bedggood (Mayor), Cr Peter Bishop, Cr Ron Campbell, Cr Lorna Driscoll, Cr Michael Johnsen, Cr Deirdre Peebles and Cr Lee Watts. APOLOGIES: RESOLVED that the apologies received from Cr Maurice Collison (Deputy Mayor), Cr Kiwa Fisher be accepted. Moved: Cr D Peebles Seconded: Cr M Johnsen CARRIED IN ATTENDANCE: Mr Waid Crockett (General Manager), Mr Mathew Pringle (Director Environmental & Customer Services), Mr Alan Fletcher (Director Infrastructure Services), Mr Wayne Phelps (Acting Director Corporate & Community Services), Mr Nicholas Havyatt (Manager Works Delivery), Mr Simon Boulton (Project Manager), Ms Daele Healy (Communications Officer) and Mrs Robyn Cox (Executive Assistant). ADOPTION OF MINUTES: RESOLVED that the minutes of the ordinary Council meeting held on 22 June 2015 be adopted. Moved: Cr D Peebles Seconded: Cr L Driscoll CARRIED DECLARATIONS OF INTEREST: G.07.5 Request to Waive Fees – Scone Neighbourhood Centre Cr Lee Watts declared a Pecuniary Interest significant conflict for the reason that she is the Manager of the organisation making the request. Cr Watts noted that she would leave the Chamber and take no part in discussion or voting on this matter. G.07.6 Request to Waive Fees – Family Insight Inc Cr Lee Watts declared a Pecuniary Interest significant conflict for the reason that she is the Manager of an organisation in partnership with the organisation making the request. Cr Watts noted that she would leave the Chamber and take no part in discussion or voting on this matter. CR.07.1 Lease with Scone Neighbourhood Resource Centre Cr Lee Watts declared a Pecuniary Interest significant conflict for the reason that she is the Manager of the organisation making the request. Cr Watts noted that she would leave the Chamber and take no part in discussion or voting on this matter. PUBLIC PARTICIPATION: CR.07.1 Lease with Scone Neighbourhood Resource Centre Veronica Antcliff – concerned resident NOTICE OF MOTIONS: Nil QUESTIONS WITH NOTICE: Nil

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Page 1: MINUTES OF THE ORDINARY MEETING OF UPPER ......original recommendation to the Committee has been amended to include a recommendation that the 2015/16 Fees and Charges be amended to

Page 1 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY 27 JULY 2015 IN THE COUNCIL CHAMBERS, SCONE COMMENCING AT 5.00pm

PRESENT: Cr Wayne Bedggood (Mayor), Cr Peter Bishop, Cr Ron Campbell, Cr Lorna Driscoll, Cr Michael Johnsen, Cr Deirdre Peebles and Cr Lee Watts. APOLOGIES: RESOLVED that the apologies received from Cr Maurice Collison (Deputy Mayor), Cr Kiwa Fisher be accepted.

Moved: Cr D Peebles Seconded: Cr M Johnsen CARRIED IN ATTENDANCE: Mr Waid Crockett (General Manager), Mr Mathew Pringle (Director Environmental & Customer Services), Mr Alan Fletcher (Director Infrastructure Services), Mr Wayne Phelps (Acting Director Corporate & Community Services), Mr Nicholas Havyatt (Manager Works Delivery), Mr Simon Boulton (Project Manager), Ms Daele Healy (Communications Officer) and Mrs Robyn Cox (Executive Assistant). ADOPTION OF MINUTES: RESOLVED that the minutes of the ordinary Council meeting held on 22 June 2015 be adopted.

Moved: Cr D Peebles Seconded: Cr L Driscoll CARRIED DECLARATIONS OF INTEREST: G.07.5 Request to Waive Fees – Scone Neighbourhood Centre

Cr Lee Watts declared a Pecuniary Interest significant conflict for the reason that she is the Manager of the organisation making the request. Cr Watts noted that she would leave the Chamber and take no part in discussion or voting on this matter.

G.07.6 Request to Waive Fees – Family Insight Inc

Cr Lee Watts declared a Pecuniary Interest significant conflict for the reason that she is the Manager of an organisation in partnership with the organisation making the request. Cr Watts noted that she would leave the Chamber and take no part in discussion or voting on this matter.

CR.07.1 Lease with Scone Neighbourhood Resource Centre Cr Lee Watts declared a Pecuniary Interest significant conflict for the reason that she is the Manager of the organisation making the request. Cr Watts noted that she would leave the Chamber and take no part in discussion or voting on this matter.

PUBLIC PARTICIPATION: CR.07.1 Lease with Scone Neighbourhood Resource Centre Veronica Antcliff – concerned resident NOTICE OF MOTIONS: Nil QUESTIONS WITH NOTICE: Nil

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Page 2 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

QUESTIONS WITHOUT NOTICE: Cr Ron Campbell 1. Enquired about the progress of the Owens Gap realignment and:

a. Is there likely to be any land acquisition? b. Is this scheduled for next year?

Response: The Director Infrastructure Services advised that Civil Assets are doing design work

and some preliminary work has been undertaken. The works are scheduled to be carried out in 2016/17 and there is likely to be a small amount of land acquisition.

2. Requested that a letter be written to help with proper consultation about the Merriwa to Denman

Rail Trail to notify the community of what is happening.

Response: The General Manager advised that consultation is part of the consultant’s brief and process.

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Page 3 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

UUPPPPEERR HHUUNNTTEERR SSHHIIRREE CCOOUUNNCCIILL

OOrrddiinnaarryy MMeeeettiinngg -- 2277 JJuullyy 22001155

TTAABBLLEE OOFF CCOONNTTEENNTTSS

MAYORAL MINUTES................................................................................................... 4 

A.07.1  RETIRING MEMBERS OF STAFF .................................................................................. 4 A.07.2  REQUEST FOR DONATION - MURRURUNDI COMMUNITY LEADERS FORUM .................... 5 

STANDING COMMITTEE REPORTS .......................................................................... 7 

SCR.07.1  DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE ......................................... 7 SCR.07.2  WORKS AND TECHNICAL SERVICES COMMITTEE ....................................................... 30 SCR.07.3  FINANCE COMMITTEE .............................................................................................. 34 

COMMITTEE/DELEGATES REPORTS ..................................................................... 35 

C.07.1  UPPER HUNTER COUNTY COUNCIL (WEEDS) ........................................................... 35 C.07.2  MOOBI SCHOOL COMMUNITY COMMITTEE ................................................................ 39 

GENERAL ADMINISTRATION REPORTS ................................................................ 42 

G.07.1  REQUEST FOR FINANCIAL ASSISTANCE - SCONE LITERARY LONG WEEKEND ............. 42 G.07.2  REQUEST TO WAIVE FEES - MERRIWA LITTLE SPROUTS ........................................... 47 G.07.3  REQUEST FOR SPONSORSHIP - ST JOSEPH'S HIGH SCHOOL - 2015 OUTWARD

BOUND PROGRAM ................................................................................................... 50 G.07.4  REQUEST TO WAIVE FEES - MERRIWA SPRINGTIME SHOW........................................ 55 G.07.5  REQUEST TO WAIVE FEES - SCONE NEIGHBOURHOOD RESOURCE CENTRE .............. 58 G.07.6  REQUEST TO WAIVE FEES - FAMILY INSIGHT INC ...................................................... 61 G.07.7  LOCAL GOVERNMENT NSW ANNUAL CONFERENCE .................................................. 64 

RESPONSES TO PREVIOUS QUESTIONS .............................................................. 69 

RPQ.07.1  RESPONSES TO PREVIOUS QUESTIONS .................................................................... 69 

CONFIDENTIAL REPORTS ....................................................................................... 70 

CR.07.1  LEASE WITH SCONE NEIGHBOURHOOD RESOURCE CENTRE ..................................... 70 CR.07.2  DESIGN AND CONSTRUCTION OF STARRS CROSSING BRIDGE, TIMOR TENDER

03/2015 ................................................................................................................. 71 

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Report To Ordinary Council Meeting 27 July 2015

General Manager's Unit

Page 4 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

MAYORAL MINUTES

A.07.1 RETIRING MEMBERS OF STAFF

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Robyn Cox - Executive Assistant

RECOMMENDATION That Council make presentations to Mr Dennis Wadwell and Mr Steve Kemp in recognition of their retirement from Council’s employ after 26 and 14 years’ service respectively.

REPORT/PROPOSAL The purpose of this report is to recognize the retirement of Dennis Wadwell and Steve Kemp. Dennis Wadwell commenced with Scone Shire Council in January 1989 and has served over 26 years’ service. Steve Kemp commenced with Scone Shire Council in February 1997. He resigned from Council in October 2007 and was re-employed with Upper Hunter Shire Council in May 2011. Steve served a total of 14 years’ service with Council. OPTIONS Nil.

ATTACHMENTS

There are no enclosures for this report.

RESOLVED that Council make presentations to Mr Dennis Wadwell and Mr Steve Kemp in recognition of their retirement from Council’s employ after 26 and 14 years’ service respectively.

Moved: Cr D Peebles Seconded: Cr M Johnsen CARRIED

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Report To Ordinary Council Meeting 27 July 2015

General Manager's Unit

Page 5 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

A.07.2 REQUEST FOR DONATION - MURRURUNDI COMMUNITY LEADERS FORUM

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Robyn Cox - Executive Assistant

RECOMMENDATION That Council provide a donation of $300 to the Murrurundi Community Leaders Forum (MCLF) to assist with the costs in having a guest speaker provide a presentation to the group.

REPORT/PROPOSAL A request has been received from the MCLF for support and a contribution towards the costs associated with providing a guest speaker at a proposed presentation and workshop. The MCLF would like to progress the development of Strategic and Action Plans for Murrurundi. They are hoping to bring Rick Hutton, from Bingara, to Murrurundi as guest speaker for the presentation. Council officers have discussed the request with the Chair of MCLF. The idea of bringing in a guest presenter to talk about developments in other areas and what is possible for Murrurundi, any strategic and action plan development will need to be incorporated into Councils’ documents. OPTIONS 1. To provide MCLF a donation of $300. 2. To provide MCLF a donation of an alternate amount. 3. To not provide MCLF a donation.

ATTACHMENTS

1 Murrurundi Community Leaders Forum - request for donation

RESOLVED that Council not provide a donation of $300 to the Murrurundi Community Leaders Forum (MCLF) to assist with the costs in having a guest speaker provide a presentation to the group.

Moved: Cr R Campbell Seconded: Cr L Watts CARRIED

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ATTACHMENT NO: 1 - MURRURUNDI COMMUNITY LEADERS FORUM - REQUEST FOR DONATION

ITEM NO: A.07.2

Page 6 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

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Report To Ordinary Council Meeting 27 July 2015

Environmental & Customer Services

Page 7 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

STANDING COMMITTEE REPORTS

SCR.07.1 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Mathew Pringle - Director Environmental & Customer Services

RECOMMENDATION

That Council:

1. Endorse the minutes of the Development & Environmental Services Committee meeting held on 14 July 2015.

2. DESC.07.1 – (i) Continue to support Planning Proposal 1/2015 to amend the Upper Hunter Local

Environmental Plan 2013 to reclassify Lot 12 DP 239406, Cnr Short Street and Stafford Street Scone from community land to operational land, and

(ii) Refer the planning proposal to the Minister for Planning for approval and gazettal. 3. DESC.07.2 - Approve Development Application No. 36/2015 for the erection of a

manufactured home on Lot 17 DP 249979, 232 Tunbridge Road Merriwa subject to the conditions of consent in Attachment 2.

4. DESC.07.3 – (i) Support the draft amendments to the Footpath Trading Policy in Attachment 3. (ii) Support a proposed amendment to the 2015/16 Fees and Charges to include an

annual fee of $84.00 per business for two or more articles placed on a public footpath.

(iii) Place the amended Footpath Trading Policy and amended Fees and Charges on public exhibition for a period of at least 28 days.

(iv) Consider a further report in relation to the proposed amendments following public exhibition.

BACKGROUND The Development and Environmental Services Committee is a Standing Committee of Council which considers reports, advice and recommendations of management regarding strategic land use planning, development applications, environmental, health and building related matters. The Committee subsequently makes recommendations to Council in relation to such matters.

A meeting of the Development and Environmental Services Committee was held on Tuesday, 14 July 2015. REPORT/PROPOSAL DESC.07.3

In relation to item DESC.07.3, the Committee recommended that the annual licence fee for items placed on a public footpath be amended so that the fee is charged per business rather than per article. It was felt by the Committee that the fee per article was excessive and may not be applied on a consistent basis as an ‘article’ is not clearly defined. Accordingly, the original recommendation to the Committee has been amended to include a recommendation that the 2015/16 Fees and Charges be amended to include an annual fee of $84.00 per

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Report To Ordinary Council Meeting 27 July 2015

Environmental & Customer Services

Page 8 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

business for two or more articles placed on a public footpath. The proposed amendments to the Footpath Trading Policy and associated Fees and Charges will need to be placed on public exhibition for a period of 28 days prior to formal adoption by Council. ATTACHMENTS

1 Minutes of the Development & Environmental Services Committee - 14 July 2015

2 DA 36/2015 - Recommended Conditions of Consent

3 Laws & Enforcement - Policy - Footpath Trading - Draft - July 2015

RESOLVED that Council:

1. Endorse the minutes of the Development & Environmental Services Committee

meeting held on 14 July 2015. 2. DESC.07.1 –

(i) Continue to support Planning Proposal 1/2015 to amend the Upper Hunter Local Environmental Plan 2013 to reclassify Lot 12 DP 239406, Cnr Short Street and Stafford Street Scone from community land to operational land, and

(ii) Refer the planning proposal to the Minister for Planning for approval and gazettal.

3. DESC.07.2 - Approve Development Application No. 36/2015 for the erection of a manufactured home on Lot 17 DP 249979, 232 Tunbridge Road Merriwa subject to the conditions of consent in Attachment 2.

4. DESC.07.3 – (i) Support the draft amendments to the Footpath Trading Policy in Attachment

3. (ii) Support a proposed amendment to the 2015/16 Fees and Charges to include

an annual fee of $84.00 per business for two or more articles placed on a public footpath.

(iii) Place the amended Footpath Trading Policy and amended Fees and Charges on public exhibition for a period of at least 28 days.

(iv) Consider a further report in relation to the proposed amendments following public exhibition.

Moved: Cr P Bishop Seconded: Cr R Campbell CARRIED UNANIMOUSLY

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ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 14 JULY 2015

ITEM NO: SCR.07.1

Page 9 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE MEETING TUESDAY 14 JULY 2015 COMMENCING AT 10.00am

PRESENT: Cr Kiwa Fisher (Chair), Cr Peter Bishop, Cr Deirdre Peebles and Cr Lee Watts. APOLOGIES: Nil IN ATTENDANCE: Cr Wayne Bedggood (Mayor), Cr Ron Campbell, Mr Mathew Pringle (Director Environmental & Customer Services), Miss Shinead Taylor (Governance & Executive Support) and Mrs Cheryl Chin. DECLARATIONS OF INTEREST: Nil PUBLIC PARTICIPATION: Nil AGENDA ITEMS: DESC.07.1 Planning Proposal 1/2015 Reclassification of Public Land The Committee supported the recommendation. No discussion took place in relation to this item. DESC.07.2 Development Application No. 36/2015 Manufactured Dwelling Brief discussion took place over dust issues which may potentially arise with the dwelling being located less than 100 metres from an unsealed public road. In this regard, it was noted that the Upper Hunter Development Control Plan 2015 prescribes a minimum front setback of 100 metres for dwellings located on unsealed roads in rural zones. Mr Pringle advised the Committee that it would be unreasonable to impose a condition of consent requiring a dust seal to be applied to Tunbridge Road for the frontage of the property. The Committee agreed to support the recommendation. DESC.07.3 Amended Footpath Trading Policy The Committee agreed to support the recommendation, subject to the following amendments to the policy:

1. The annual licence fee for items placed on a footpath be changed to a single annual fee per business, rather than a fee per article.

2. Under the Umbrellas/Barriers section, item 1(v) be amended to:

1v. Securely anchored or fastened in position while on display. It was noted that the Upper Hunter Shire Council 2015/16 Fees and Charges were adopted on 22 June 2015 and will need to be amended to reflect the modification to this policy.

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ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 14 JULY 2015

ITEM NO: SCR.07.1

Page 10 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE REPORTS

DESC.07.1 PLANNING PROPOSAL 1/2015 RECLASSIFICATION OF PUBLIC LAND

RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Customer Services

AUTHOR: Paul Smith - Senior Environmental Planner

PURPOSE The purpose of this report is to consider the outcomes of community consultation undertaken in relation to Planning Proposal 1/2015 to amend the Upper Hunter Local Environmental Plan 2013 to reclassify land (Lot 12 DP 239406, Cnr Short Street and Stafford Street Scone) from community land to operational land.

RECOMMENDATION That Council:

i. continue to support Planning Proposal 1/2015 to amend the Upper Hunter Local Environmental Plan 2013 to reclassify Lot 12 DP 239406, Cnr Short Street and Stafford Street Scone from community land to operational land, and

ii. refer the planning proposal to the Minister for Planning for approval and gazettal.

BACKGROUND At the 16 December 2013 ordinary meeting, Council resolved to: 1. Prepare a planning proposal in respect of the reclassification of land identified as Lot 12

DP 239406 in Scone from community land to operational land under Section 30 of the Local Government Act 1993;

2. Submit the planning proposal to the Minister Planning for a Gateway Determination under S56 of the Environmental Planning and Assessment Act 1979; and

3. If approved, proceed to hold a public hearing as required under S29 of the Local Government Act 1993.

The planning proposal (Attachment 1) has been prepared and referred to the Department of Planning and Environment. On 24 March 2015 the Department of Planning and Environment issued a Gateway Determination (Attachment 2) that the planning proposal should proceed subject to public exhibition for 28 days. In this instance Council has not been authorised to exercise its delegation to make the plan under Section 59 of the Environmental Planning and Assessment Act 1979. A public hearing was also required to be held pursuant to Section 29 of the Local Government Act 1993. REPORT/PROPOSAL The purpose of this planning proposal is to amend Schedule 4 (Part 1) of the Upper Hunter Local Environmental Plan 2013 by inserting in Column 1 Locality: Scone, and in Column 2 Description: Lot 12 DP 239406 Cnr Short Street and Stafford Street) (Attachment 3).

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ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 14 JULY 2015

ITEM NO: SCR.07.1

Page 11 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

OPTIONS

1. Accept the recommendation that Council: i. continue to support Planning Proposal 1/2015 to amend the Upper Hunter Local

Environmental Plan 2013 to reclassify Lot 12 DP 239406, Cnr Short Street and Stafford Street Scone from community land to operational land, and

ii. refer the planning proposal to the Minister for Planning for approval and gazettal.

2. Not support Planning Proposal 1/2015 to amend the Upper Hunter Local Environmental Plan 2013 to amend the Upper Hunter Local Environmental Plan 2013 to reclassify Lot 12 DP 239406, Cnr Short Street and Stafford Street Scone from community land to operational land.

CONSULTATION The planning proposal was placed on public exhibition from 20 April 2015 to 18 May 2015 (the process included the notification of adjoining land owners and the placing of a notice in the Hunter Valley News and on Council’s webpage). No submissions were received. A public hearing was held in accordance with Section 29 of the Local Government Act 1993 on 15 June 2015 at the Upper Hunter Shire Council (Administration Building, Scone). The hearing was chaired by Mr Eddie Love from Muswellbrook Shire Council. No persons attended the Hearing or made a submission. STRATEGIC LINKS a. Community Strategic Plan 2013+ The planning proposal is relevant to Key Focus Areas and Aspiration Goals 3 and 5 of the Community Strategic Plan: “(3) Protect the natural and built environment and plan for a sustainable future for our Shire and our planet; (5) Enhance economic and employment opportunities and promote development”. b. Delivery Program The review of land use zones is consistent with the objectives of town planning: “To provide an ongoing review of local planning instruments to ensure that they are appropriate for current local and regional circumstances”. c. Other Plans NIL IMPLICATIONS a. Policy and Procedural Implications NIL b. Financial Implications NIL c. Legislative Implications The reclassification of community land is undertaken in accordance with Section 27 of the Local Government Act 1993. The process of land reclassification is undertaken through

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ITEM NO: SCR.07.1

Page 12 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

Clause 5.2 of the Upper Hunter Local Environmental Plan 2013 which enables an amendment to Schedule 4. d. Risk Implications NIL e. Other Implications NIL CONCLUSION The planning proposal has been assessed as satisfactory against the Upper Hunter Land Use Strategy 2008, the Upper Hunter Strategic Regional Land Use Plan 2012, applicable State Environmental Planning Policies and the relevant Ministerial Directions under Section 117 of the Environmental Planning and Assessment Act 1979. The proposal is considered appropriate having regard to the site context and suitability, the likely social, economic and environmental impacts and the interests of the broader community.

RECOMMENDED that Council:

i. continue to support Planning Proposal 1/2015 to amend the Upper Hunter Local Environmental Plan 2013 to reclassify Lot 12 DP 239406, Cnr Short Street and Stafford Street Scone from community land to operational land, and

ii. refer the planning proposal to the Minister for Planning for approval and gazettal.

Moved: P Bishop Seconded: K Fisher CARRIED

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ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 14 JULY 2015

ITEM NO: SCR.07.1

Page 13 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

DESC.07.2 DEVELOPMENT APPLICATION NO. 36/2015 MANUFACTURED DWELLING

RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Customer Services

AUTHOR: Paul Smith - Senior Environmental Planner

PURPOSE On 31 March 2015, Council received Development Application No. 36/2015 for the erection of a manufactured dwelling at Lot 17 DP 249979, 232 Tunbridge Road, Merriwa. The application is being reported to the Development and Environmental Services Committee as the subject lot does not meet the minimum lot size development standard for the erection of a dwelling house under the Upper Hunter Local Environmental Plan 2013.

RECOMMENDATION That Council approve Development Application No. 36/2015 for the erection of a manufactured home on Lot 17 DP 249979, 232 Tunbridge Road Merriwa subject to the conditions of consent in Attachment 1.

BACKGROUND Applicant: S.J. Chin and C.A. Chin Owner: S.J. Chin and C.A. Chin Proposal: Manufactured Home Property: Lot 17 DP 249979, No 232 Tunbridge Road Merriwa The subject land is a 41ha rural lot in the RU1 Primary Production Zone under the Upper Hunter Local Environmental Plan 2013. From 1973 to 1992 the Merriwa Shire Council approved a number of rural subdivisions with areas of less than 100ha under the Merriwa Interim Development Order (Merriwa IDO) which was in force at the time. The Merriwa IDO included a development standard that allowed a minimum lot size of 40ha for rural lots. Lot 17 DP 249979 is one of approximately 35 rural lots in the area adjacent to the southern part of Tunbridge Road and Cullingral Road that were created under the IDO, having lot areas averaging 40ha. With the exception of Lot 17 (and one other lot) all the other lots in this subdivision are now developed and occupied by dwelling-houses that are likely to have been erected from 1976 to 1992. When the Merriwa Local Environmental Plan 1993 came into effect the minimum lot size required to allow a dwelling-house on rural land was changed to 100ha (and this 100ha was adopted in the current Upper Hunter Local Environmental Plan 2013). REPORT/PROPOSAL The development site is a 41 hectare rural allotment with a 391m frontage to Tunbridge Road (which is an unsealed public road). The lot predominantly consists of native woodland vegetation, steep land and ridges. There is an area of approximately 1.3ha of grassland, with scattered trees, two clumps of trees and shrub understory on the southern portion of the lot and adjoining Tunbridge Road. It is proposed to erect a 14.120m x 8.5m x approx. 5m high manufactured home within this already cleared area. There is an existing farm building on the land. The subject lot does not have the benefit of a dwelling entitlement pursuant to Clause 4.2B of

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ITEM NO: SCR.07.1

Page 14 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

the Upper Hunter Local Environmental Plan 2013 (UHLEP 2013). As such, the applicant has provided a written request seeking to justify a contravention of the development standard pursuant to Clause 4.6 of the UHLEP 2013. In this regard, the applicant is seeking a variation to the minimum lot size development standard for the erection of a dwelling house on the basis that the allotment was originally approved with a dwelling entitlement in 1976 under the Merriwa IDO. The dwelling entitlement was inadvertently lost upon gazettal of the Merriwa LEP 1993. As noted in an earlier section of this report, with the exception of Lot 17 (and one other lot), all the other lots in the original subdivision are now developed and occupied by dwelling-houses that are likely to have been erected from 1976 to 1992. In view of these circumstances, it is considered that compliance with the development standard is unreasonable and unnecessary and there are sufficient environmental planning grounds to justify contravening the development standard. The proposed dwelling will be sited approximately 40m from an unsealed Council road. The Upper Hunter Development Control Plan 2015 (draft at the time of DA lodgement) requires that dwelling houses in rural zones be set back a minimum of 100m from an unsealed public road to mitigate potential dust impacts on residents. However, in the case of Lot 17 this setback is not achievable due to the steep topography and dense vegetation cover. There is a risk that the residents or future residents may request that Council construct this section of Tunbridge Road to mitigate dust impacts. This could be addressed through the imposition of a condition of consent requiring a dust seal to be applied to Tunbridge Road for the frontage of the lot, however it is likely to be an unreasonable imposition on the applicant and would only provide a temporary solution. OPTIONS 1. Approve Development Application No. 36/2015 for the erection of a manufactured home

on Lot 17 DP 249979, No 232 Tunbridge Road Merriwa subject to the conditions of consent in Attachment 1.

2. Refuse Development Application No. 36/2015 for the erection of a manufactured home on Lot 17 DP 249979, No 232 Tunbridge Road Merriwa stating the reasons for refusal.

CONSULTATION The development application was not advertised or placed on public exhibition in accordance with the Council’s Development Control Plan – Advertising and Notification. The development application was referred to the Department of Planning and Environment for Director General’s concurrence pursuant to Clause 4.6(4)(b) of the Upper Hunter Local Environmental Plan 2013 as the lot does not meet the minimum lot size development standard for the erection of a dwelling house. The Department of Planning and Environment responded on 3 July 2015 by granting concurrence to the exception to the Lot Size development standard in this circumstance. STRATEGIC LINKS a. Community Strategic Plan 2013+ The proposed development is consistent with the Key Focus Areas and Aspiration Goals 3 and 5 of the Community Strategic Plan: “(3) Protect the natural and built environment and plan for a sustainable future for our Shire and our planet; (5) Enhance economic and employment opportunities and promote development”.

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ITEM NO: SCR.07.1

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b. Delivery Program Assessment of the application is in accordance with the Community Strategic Objectives for town planning: “Facilitate and provide for a growing population, including for example, affordable housing, community amenities, health and welfare services”. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications A detailed assessment of the application against relevant Council policies is provided in the attached report. b. Financial Implications Development application and other relevant fees totalling $1886 have been paid by the applicant. Should the application be approved a developer contribution of $706 would be payable under Council’s Section 94A Contributions Plan. c. Legislative Implications An assessment of the development application has been undertaken pursuant to Section 79C of the Environmental Planning and Assessment Act 1979 (Attachment 2). Lot 17 does not satisfy the 100ha Lot Size development standard in the Upper Hunter Local Environmental Plan 2013. The applicant has made an application pursuant to Clause 4.6 requesting that Council make an exception to development standards in this particular case. d. Risk Implications Council determinations of development applications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a low risk of any third party legal appeal in relation to this development application. e. Other Implications There are no other implications of granting approval to the application. CONCLUSION The application has been assessed as satisfactory against Section 79C of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2008. The circumstances of Lot 17 is that it would have had a dwelling entitlement between 1976 and 1993 under the Shire of Merriwa IDO, and while there is no obligation for Council to transfer the provisions of one planning instrument to another, in this circumstance it is considered reasonable to allow the exception to the 100ha lot size on the basis that the majority of the lots in the estate now contain dwellings.

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ITEM NO: SCR.07.1

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The proposal is in keeping with the site context, is an appropriate form of development for the site and is unlikely to result in any significant adverse impacts. Accordingly, it is recommended that the application be approved subject to appropriate conditions of consent.

RECOMMENDED that Council approve Development Application No. 36/2015 for the erection of a manufactured home on Lot 17 DP 249979, 232 Tunbridge Road Merriwa subject to the conditions of consent in Attachment 1.

Moved: K Fisher Seconded: P Bishop CARRIED

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ITEM NO: SCR.07.1

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DESC.07.3 AMENDED FOOTPATH TRADING POLICY

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Mathew Pringle - Director Environmental & Customer Services

PURPOSE The purpose of this report is to consider proposed amendments to Council’s Footpath Trading Policy following consultation with the Scone Chamber of Commerce and Industry.

RECOMMENDATION That Council adopt the amended Footpath Trading Policy.

BACKGROUND At the Council meeting held on 23 February 2015, it was resolved to waive application fees and associated annual licence fees under the Roads Act 1993 and the Local Government Act 1993 for the display or placement of items on Council footpaths until the end of financial year 2015/16. The amnesty on fees has resulted in numerous applications for footpath trading being approved. The Scone Chamber of Commerce and Industry has recently approached Council and made a number of recommendations to improve Council’s Footpath Trading Policy. The recommendations are intended to provide greater flexibility for local businesses undertaking activities on Council footpaths and to encourage greater activation of public spaces. REPORT/PROPOSAL The proposed amendments to Council’s Footpath Trading Policy include the removal of a number of restrictions to the display and placement of items on Council footpaths including A-frame signs, pot-plant stands, tables and chairs and display stands and the addition of new controls for umbrellas and barriers. A copy of the amended policy showing tracked changes is provided in Attachment 1. The proposed amendments are considered reasonable and acceptable and are unlikely to result in any significant adverse visual impacts on the streetscape or any greater impact on pedestrian access, safety or convenience. In any case, applications for footpath trading will continue to be assessed on a case by case basis to ensure that activities make a positive contribution to the streetscape, do not pose a risk to public safety or unduly interfere with pedestrian access and convenience. The proposed amendments are consistent with the policy objectives. OPTIONS 1. That Council adopt the amended Footpath Trading Policy. 2. That Council not adopt the amended Footpath Trading Policy.

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ITEM NO: SCR.07.1

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CONSULTATION

Scone Chamber of Commerce and Industry. Director Infrastructure Services

STRATEGIC LINKS a. Community Strategic Plan 2013+ The Community Strategic Plan 2013+ identifies the community vision for the Local Government Area through the identification of priorities and aspirations for the future. This is done through four (4) Key Focus Areas and eight (8) Aspiration Goals. The regulation of footpath trading is in line with Aspiration Goal 3: “Protect the natural and built environment and plan for a sustainable future for our Shire and our planet”; and Aspiration Goal 6: “Maintain and enhance civil infrastructure and community assets to meet the needs of current and future generations.” b. Delivery Program The regulation of footpath trading relates to the Community Strategic Objectives for Local Government Regulation and Enforcement including: “Effectively and efficiently manage the business of Council within its Charter”; “Provide efficient and effective advisory, assessment and regulatory services focused on being customer friendly and responsive” and “Promote a sense of responsibility within our community to care for our environment and provide for a sustainable future”. c. Other Plans NIL IMPLICATIONS a. Policy and Procedural Implications The proposed amendments relate to Council’s Footpath Trading Policy. b. Financial Implications NIL c. Legislative Implications Footpath trading or the placement of articles on Council footpaths requires approval under the Roads Act 1993 or the Local Government Act 1993. Furthermore, any development on Council footpaths that is not exempt development under the Upper Hunter Local Environmental Plan 2013 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 requires development consent. d. Risk Implications The proposed amendments to Council’s Footpath Trading Policy are unlikely to result in any greater risk to Council with respect to public liability. e. Other Implications NIL

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ITEM NO: SCR.07.1

Page 19 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

CONCLUSION The amended Footpath Trading Policy will provide greater flexibility for local businesses undertaking activities on Council footpaths. This will encourage greater activation of public spaces and ensure that commercial precincts remain vibrant and attractive.

RECOMMENDED that Council:

1. Adopt the amended Footpath Trading Policy. 2. Amend the 2015/16 Fees and Charges to include an annual fee per business for

articles placed on a public footpath.

Moved: K Fisher Seconded: P Bishop CARRIED

THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 10.30AM

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ATTACHMENT NO: 2 - DA 36/2015 - RECOMMENDED CONDITIONS OF CONSENT ITEM NO: SCR.07.1

Page 20 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

DA 36/2015 – Recommended Conditions of Consent

Identification of approved plans:

1. The development being carried out in accordance with the development application and the drawings referenced below and Statement of Environmental Effects (not dated), except where amended by the following conditions. JOB REFERENCE NO SHEET

NO REVISION

NO DRAWN BY DATE

Drawing 1 - - No Author No Date

Ref: 83566-9 - - Kneebone, Beretta and Hall P/L 20.01.2006

Floor Plan (Ref: 9238) 1 - Austam Homes 18.11.2014

Elevations (Ref: 9238) 2 - Austam Homes 18.11.2014

3D Elevations and Sections (Ref: 9238)

3 - Austam Homes 18.11.2014

Site Plan (Ref: 9238) 4 - Austam Homes 18.11.2014

(Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council)

2. A copy of all stamped approved plans, specifications and documents (including the

Construction Certificate if required for the work incorporating certification of conditions of approval) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority. (Reason: To ensure that the form of the development undertaken is in accordance with

the determination of Council)

Operational conditions imposed under the environmental planning and assessment act and regulations and other relevant legislation:

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

Construction Code Series. (Reason: Prescribed by legislation)

4. Home Building Act Requirements (1) Building work that involves residential building work (within the meaning and

exemptions provided in the Home Building Act) must not be carried out unless the Principal Certifying Authority for the development to which the work relates:

(a) in the case of work to be done by a licensee under that Act:

i. has been informed in writing of the licensee’s name and contractor licence number, and

ii. is satisfied that the licensee has complied with the requirements of the Home Building Act, or

(b) in the case of work to be done by any other person:

i. has been informed in writing of the person’s name and owner-builder permit number, or

ii. has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever

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arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

Note: The amount referred to in paragraph (b)(ii) is prescribed by

regulations under the Home Building Act 1989. As at the date on which this Regulation was Gazetted, that amount was $5,000. As those regulations are amended from time to time, that amount may vary.

(2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home

Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

(3) If arrangements for doing residential building work are changed while the work is in

progress so that the information submitted to Council is out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council), has given the Council written notice of the updated information.

(Reason: Prescribed by legislation)

Ancillary matters to be completed prior to the issue of the construction certificate:

5. Prior to commencing any works associated with the manufactured dwelling and prior to the issue of any Construction Certificate, a contribution of $706.61, shall be paid pursuant to the Upper Hunter Shire Council Section 94A Development Contribution Plan 2008

The amount to be paid is to be adjusted at the time of the actual payment, in accordance with the provisions of the Section 94A Development Contributions Plan.

Documentary evidence shall be submitted to the Certifying Authority confirming that the contribution has been paid prior to determination of the application for Construction Certificate, where applicable.

(Reason: To ensure that the proposed development makes an appropriate contribution

to facilities in the Upper Hunter Local Government Area)

6. Prior to the issue of any Construction Certificate for the carports, details shall be submitted to the Principal Certifying Authority that confirms that the considerations given to the site wind speed for the engineering design have been determined specifically for the subject site. Alternatively, confirmation and revisions where required, shall be submitted demonstrating that the structure is capable of meeting an ultimate limit state of 50m/s.

(Reason: To ensure that the design of the structure is suitable for site conditions)

Conditions that must be addressed prior to commencement:

7. Where construction or excavation activity requires the disturbance of the soil surface and existing vegetation, adequate measures for erosion and sediment control shall be provided. As a minimum, control techniques are to be in accordance with The Blue Book published by Landcom provisions on Erosion and Sediment Control, or a suitable and effective alternative method. All required erosion and sedimentation techniques are to be properly installed prior to the commencement of any site works and maintained in a functional and effective condition throughout the construction activities until the site is stabilised.

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The installation is to be approved by the Principal Certifying Authority prior to further commencement of site works. (Reason: To protect the environment from the effects of sedimentation and erosion

from development sites) 8. Site facilities

(a) If the development involves building work or demolition work it is recommended that the work site be fully enclosed by a temporary security fence (or hoarding) before work commences. Any such hoarding or fence is to be removed when the work has been completed.

(b) A minimum width of 1.2m must be provided between the work site and the edge of the roadway so as to facilitate the safe movement of pedestrians. If trees are present in the footpath the minimum width must be provided to one side of the trees.

(c) A garbage receptacle fitted with a tight fitting lid for the reception of all food scraps and

papers from the work site must be provided prior to building work commencing and must be maintained and serviced for the duration of the work.

(d) Adequate toilet facilities must be provided on the work site. Each toilet provided must

be a standard flushing toilet, connected to a public sewer, or if connection to a public sewer is not available, to an on-site effluent disposal system approved by the council, or an approved temporary chemical closet. The provision of toilet facilities must be completed before any other work is commenced.

The installation of the site facilities shall be approved by the Principal Certifying Authority prior to further commencement of site works and prior to the first inspection. (Reason: To ensure the health and safety of the community and workers on the site)

9. 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; (b) showing the name of the principal contractor (or person in charge of the work site), and

a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

(c) showing the name, address and telephone number of the Principal Certifying Authority

for the work. Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed. The installation is to be approved by the Principal Certifying Authority prior to further commencement of site works. (Reason: Statutory requirement)

10. No works shall commence in respect of the carports until such time as a Construction Certificate has been issued for either part or all of the works. If a certificate is issued for part of the works it must cover the works being undertaken onsite. (Reason: Prescribed – Statutory)

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Conditions that must be complied with during demolition and building work:

11. The following bushfire prevention measures shall be provided to the development:

(a) a minimum 3kW (5hp) petrol or diesel powered pump with a 19mm hose capable of

reaching the entire perimeter of the dwelling. A 65mm storz fitting and metal ball valve shall be installed in the tank for connection to local fire service appliances.

(b) inclusion of leafless guttering (with a minimum flammability index of 5), or other

mechanical means to be installed on the structure to prevent build up of flammable material within the gutters

(c) At the commencement of building works and in perpetuity the property around the

dwelling to a distance of 20 metres, shall be maintained as an asset protection zone (APZ) (10 metres as an inner protection area (IPA) and 10 metres as an outer protection area (OPA)) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

(d) In recognition that no reticulated water supply is available to the development, a 20,000

litre fire fighting water supply shall be provided at each dwelling site. The fire fighting water supply shall be installed and maintained in the following manner: i. Fire fighting water supply tank(s) shall be located not less than 5 metres and not

more than 20 metres from the approved structure. ii. A hardened ground surface for fire fighting truck access is to be constructed up to

and within 4 metres of the fire fighting water supply. iii. New above ground fire fighting water supply storage’s are to be manufactured

using non combustible material (concrete, metal, etc). Where existing fire fighting water supply storage’s are constructed of combustible (polycarbonate, plastic, fibreglass, etc) materials, they shall be shielded from the impact of radiant heat and direct flame contact.

iv. Non combustible materials (concrete, metal, etc) will only be used to elevate or raise fire fighting water supply tank(s) above the natural ground level.

v. A 65mm metal Storz outlet with a gate or ball valve shall be fitted to any fire fighting water supply tank(s) and accessible for a fire fighting truck.

vi. The gate or ball valve, pipes and tank penetration are adequate for the full 50mm inner diameter water flow through the Storz fitting and are constructed of a metal material.

vii. All associated fittings to the fire fighting water supply tank(s) shall be non-combustible.

viii. All water supplies for fire fighting purposes shall be clearly signposted as a fire fighting water supply.

x. Fire fighting water supply tank(s) and associated fittings, located within 60 metres of a bushfire hazard and on the hazard side of an approved building, shall be provided with radiant heat shielding to protect the tank from bush fire impacts and maintain safe access to the water supply for fire fighters.

xi. A Static Water Supply (SWS) sign shall be obtained from the local NSW Rural Fire Service (RFS) and positioned for ease of identification by RFS personnel and other users of the SWS. In this regard: Markers must be fixed in a suitable location so as to be highly visible; and ii. Markers should be positioned adjacent to the most appropriate access for the water supply. Note: Below ground dedicated fire fighting water supply tank(s) is defined as that no part of the tanks(s) is to be located above natural ground level.

(e) Electricity and gas services are to comply with section 4.1.3 of 'Planning for Bush Fire

Protection 2006';

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(f) All property access roads shall comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006';

(g) Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for

Bush Fire Protection 2006'.

(Reason: To prevent and suppress the spread of a bushfire.)

12. Any person acting on this consent must ensure that:-

(a) materials must not be burnt on the site. (b) vehicles entering and leaving the site with soil or fill material must be covered. (c) dust suppression measures must be carried out to minimise wind-borne emissions in

addition odour suppression measures must also be carried out where appropriate so as to prevent nuisance occurring at adjoining properties.

(Reason: To protect the environment and the amenity of the surrounding area)

13. Any person acting on this consent shall ensure that:-

(a) building construction activities are only carried out during the following hours: i. between Monday to Friday (inclusive)—7.00am to 5.00pm, ii. on a Saturday—8.00am to 5.00pm.

(b) building construction activities must not be carried out on a Sunday or a public holiday

unless prior approval has been obtained

(c) demolition and excavation works must only be carried out between Monday to Friday (inclusive) between 8.00am and 5.00pm.

(Reason: To ensure that works do not interfere with reasonable amenity expectations

of residents and the community)

14. Building materials and equipment must be stored wholly within the work site, unless prior written approval has been obtained from Council. Equipment must not be operated on the footpath or roadway, unless prior written approval has been obtained from council. (Reason: To ensure public safety and amenity on public land)

15. The applicant shall bear the cost of all restoration works to Council’s property damaged during the course of this development. (Reason: To ensure the protection of existing public infrastructure)

Conditions which must be complied with prior to any occupation:

16. The manufactured dwelling shall not be occupied or used until such time as a final inspection has been conducted by the Council and a letter issued confirming that occupation of the dwelling may commence.

Reason: To ensure that the provisions of this consent are complied with prior to occupation.

17. The carports shall not be occupied or used until such time as a final inspection has been

conducted by the Principal Certifying Authority and an Occupation Certificate issued accordingly.

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Reason: To ensure that the provisions of this consent are complied with prior to occupation. 18. Prior to occupation of the manufactured home, a certificate from a practicing structural

engineer encompassing the provisions of clause 143 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds, and Moveable Dwellings) Regulation 2005 shall be submitted to Council accompanied by evidence to show that a compliance plate, complying with the provisions of clause 159 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds, and Moveable Dwelling) Regulation 2005 has been attached to the manufactured home

Reason: To ensure that statutory provisions have been met.

19. Prior to occupation, the development shall be connected to the on-site sewage management

system in accordance with the S68 approval and AS3500. In addition a current Approval to Operate will also be required prior to any occupation of the dwelling. (Reason: To ensure compliance with the Australian Standard & Local Authority

requirements.)

20. Prior to occupation of the dwelling vehicle access as a minimum from the boundary to the proposed development shall be constructed in a base course comprising compacted fine crushed rock and metal material to a minimum depth of 200mm to allow all weather access by a two (2) wheel drive vehicle. (Reason: To provided all weather vehicle access to site.)

21. Prior to occupation of the dwelling the access to proposed Lot 17 DP 249979 shall be constructed in accordance with Council’s Rural Property Access specifications (as detailed on Council’s Standard Drawing No. RPA-001 (as amended)).

Note: a separate approval under Section 138 of the Roads Act 1993 will be required prior to the commencement of work for the construction of the access crossing.

(Reason: To ensure that appropriate access is provided to the lot.)

22. All matters pertaining to bushfire damage prevention shall be addressed and implemented

prior to any Occupation of the dwelling. The manufacturer shall provide a certification to the Principal Certifying Authority that the manufactured home has been designed to BAL 29 in accordance with AS3959-2009 Construction of Buildings in Bushfire-prone areas. (Reason: To limit potential damage caused by bushfire.)

Conditions that must be complied with at all times:

23. Prior to occupation and at all times thereafter, all stormwater from the development including all hardstandings and overflows from rainwater tanks, shall be collected and disposed of by way of properly constructed stormwater lines to an appropriately constructed discharge point located wholly within the property and a minimum distance of 6m clear of the proposed building, any adjoining buildings and vehicular parking areas. The discharge point shall be constructed so as to prevent the erosion of adjacent soils and disperse stormwater in a controlled manner.

(Reason: To ensure that stormwater is disposed of in a controllable manner and to

prevent long-term erosion.)

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ATTACHMENT NO: 3 - LAWS & ENFORCEMENT - POLICY - FOOTPATH TRADING - DRAFT - JULY 2015

ITEM NO: SCR.07.1

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ITEM NO: SCR.07.1

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ITEM NO: SCR.07.1

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ITEM NO: SCR.07.1

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Report To Ordinary Council Meeting 27 July 2015

Infrastructure Services

Page 30 of 71 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 July 2015

SCR.07.2 WORKS AND TECHNICAL SERVICES COMMITTEE

RESPONSIBLE OFFICER: Alan Fletcher - Director Infrastructure Services

AUTHOR: Alan Fletcher - Director Infrastructure Services

RECOMMENDATION That Council: 1. Endorse the minutes of the Works and Technical Services Committee meeting held on

Tuesday 14 July 2015. 2. WTS.07.1

i. Support the proposed implementation of the Roads & Maritime Services delegation under Sections 116 to 119 of the Roads Act 1993 to restrict through traffic by erecting a barrier on Dumaresq Street Parkville, approximately 10m north of the New England Highway.

ii. Advertise for public comment on the proposal to restrict through traffic and erect a barrier and a letter box drop to residents.

iii. Report back to the Works and Technical Services Committee on the responses from the community comments and apply to RMS.

BACKGROUND The Works and Technical Services Committee provides policy and direction, along with an update on the planned program for roads, bridges, water and sewerage work, parks, buildings and waste management. REPORT/PROPOSAL The Committee considered reports relating to: 1. Restriction of Through Traffic – Dumaresq Street Parkville – Council has received

complaints from Parkville residents about vehicles taking short cuts across the unformed part of Dumaresq Street, across a piped drainage swale to the New England Highway. The issue presents safety issues due to traffic entering and leaving the Highway from an unformed unmarked road/track.

2. Works Program for July provided by Infrastructure Services – Manager Works Delivery – 3. Works Program for July provided by Infrastructure Services – Manager Water & Waste –

projects currently underway include the updating of the Scone effluent Re-use Management Plan with the aim to achieve Section 60 approval from the NSW Office of Water and the Scone Saleyards Water Cycle Management Plan and Application for a Liquid Trade Waste Application.

4. Update on the 2014/15 Capital Works Program and status of projects.

ATTACHMENTS

1 Works And Technical Services Committee - 14 July 2015 - Summary Minutes - attachments excluded

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Infrastructure Services

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RESOLVED that Council:

1. Endorse the minutes of the Works and Technical Services Committee meeting held on Tuesday 14 July 2015.

2. WTS.07.1 i. Support the proposed implementation of the Roads & Maritime Services

delegation under Sections 116 to 119 of the Roads Act 1993 to restrict through traffic by erecting a barrier on Dumaresq Street Parkville, approximately 10m north of the New England Highway.

ii. Advertise for public comment on the proposal to restrict through traffic and erect a barrier and a letter box drop to residents.

iii. Report back to the Works and Technical Services Committee on the responses from the community comments and apply to RMS.

Moved: Cr R Campbell Seconded: Cr L Driscoll CARRIED

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ATTACHMENT NO: 1 - WORKS AND TECHNICAL SERVICES COMMITTEE - 14 JULY 2015 - SUMMARY MINUTES - ATTACHMENTS EXCLUDED

ITEM NO: SCR.07.2

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MINUTES OF THE WORKS AND TECHNICAL SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 14 JULY 2015 IN THE BARRY ROSE COMMITTEE ROOM COMMENCING AT 1.00pm

PRESENT: Cr Ron Campbell (Chair), Cr Deirdre Peebles and Cr Lorna Driscoll. APOLOGIES: Cr Maurice Collison Moved: D Peebles Seconded: R Campbell MOTION CARRIED IN ATTENDANCE: Cr Wayne Bedggood, Mr Alan Fletcher (Director Infrastructure Services), Mr Nick Havyatt (Manager Works Delivery), Mr Jeff Bush (Manager Strategic Assets) and Mr Paul Turri (Manager Water Waste). DECLARATIONS OF INTEREST: NiL.

WTS.07.1 RESTRICTION OF THROUGH TRAFFIC - DUMARESQ STREET PARKVILLE

RESPONSIBLE OFFICER: Alan Fletcher - Director Infrastructure Services

AUTHOR: Alan Fletcher - Director Infrastructure Services

RECOMMENDATION That Council:

1. Adopt the implementation of the Roads & Maritime Services delegation under Sections 116 to 119 of the Roads Act 1993 to restrict through traffic by erecting a barrier on Dumaresq Street Parkville, approximately 10m north of the New England Highway.

2. Advertise for public comment on the proposal to restrict through traffic and erect a barrier and a letter box drop to residents.

3. Report back to the Works & Technical Services Committee on the responses from the community comments and apply to RMS.

Moved: D Peebles Seconded: R Campbell MOTION CARRIED

WTS.07.2 WORKS PROGRAM - INFRASTRUCTURE SERVICES

RESPONSIBLE OFFICER: Alan Fletcher - Director Infrastructure Services

AUTHOR: Nicholas Havyatt - Manager Works Delivery

RECOMMENDATION That Council receive the report and note the information. Moved: R Campbell Seconded: L Driscoll MOTION CARRIED

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ATTACHMENT NO: 1 - WORKS AND TECHNICAL SERVICES COMMITTEE - 14 JULY 2015 - SUMMARY MINUTES - ATTACHMENTS EXCLUDED

ITEM NO: SCR.07.2

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WTS.07.3 WORKS PROGRAM - INFRASTRUCTURE SERVICES - WATER & SEWER

RESPONSIBLE OFFICER: Alan Fletcher - Director Infrastructure Services

AUTHOR: Paul Turri - Manager Water and Waste

RECOMMENDATION That Council receive the report and note the information. Moved: L Driscoll Seconded: R Campbell MOTION CARRIED

WTS.07.4 CAPITAL WORKS UPDATE

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Alan Fletcher - Director Infrastructure Services

RECOMMENDATION That Council receive a presentation on the capital works program and note the information. Moved: R Campbell Seconded: L Driscoll MOTION CARRIED GENERAL BUSINESS: Cr Ron Campbell

Bus parking Bow Street Merriwa – Could a “No Parking During School Hours” sign be installed (opposite school).

Soleys Lane Merriwa – parking behind Bottle Shop. + intersection Ringwood Road black spot funding. Springfield Road – when will grading be scheduled?

THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 2.00PM

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Corporate & Community Services

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SCR.07.3 FINANCE COMMITTEE

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate & Community Services

AUTHOR: Wayne Phelps - Manager Finance

RECOMMENDATION

That Council endorse the minutes of the Finance Committee meeting held on 24 July 2015.

BACKGROUND The Finance Committee meets prior to each monthly Council Meeting to consider the Financial Summary Reports, the Cash and Investment Report, and the Responsible Accounting Officer’s Statement. REPORT/PROPOSAL The next meeting of the Finance Committee has been called for Friday, 24 July 2015 and recommendations from that meeting will be presented to Council. ATTACHMENTS

There are no enclosures for this report

RESOLVED that Council endorse the minutes of the Finance Committee meeting held on 24 July 2015.

Moved: Cr W Bedggood Seconded: Cr M Johnsen CARRIED

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General Manager's Unit

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COMMITTEE/DELEGATES REPORTS

C.07.1 UPPER HUNTER COUNTY COUNCIL (WEEDS)

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Robyn Cox - Executive Assistant

RECOMMENDATION That Council endorse the minutes of the Upper Hunter County Council meeting held on 26 May 2015.

BACKGROUND A meeting of the Upper Hunter County Council was held on 26 May 2015 at the Council Chambers Muswellbrook. Council was represented by Cr Ron Campbell. REPORT/PROPOSAL The Upper Hunter County Council was established for the control of noxious weeds within the Shires of Muswellbrook, Singleton and Upper Hunter. Minutes of the meeting held on 26 May 2015 are attached. ATTACHMENTS

1 Upper Hunter County Council - Weeds - Minutes of meeting held 26 May 2015

RESOLVED that Council endorse the minutes of the Upper Hunter County Council meeting held on 26 May 2015.

Moved: Cr R Campbell Seconded: Cr M Johnsen CARRIED

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ATTACHMENT NO: 1 - UPPER HUNTER COUNTY COUNCIL - WEEDS - MINUTES OF MEETING HELD 26 MAY 2015

ITEM NO: C.07.1

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ATTACHMENT NO: 1 - UPPER HUNTER COUNTY COUNCIL - WEEDS - MINUTES OF MEETING HELD 26 MAY 2015

ITEM NO: C.07.1

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ATTACHMENT NO: 1 - UPPER HUNTER COUNTY COUNCIL - WEEDS - MINUTES OF MEETING HELD 26 MAY 2015

ITEM NO: C.07.1

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Infrastructure Services

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C.07.2 MOOBI SCHOOL COMMUNITY COMMITTEE

RESPONSIBLE OFFICER: Alan Fletcher - Director Infrastructure Services

AUTHOR: Coleen Pinkerton - Solid Waste Coordinator

RECOMMENDATION That Council endorse the minutes of the Moobi School Community Committee meeting held on Wednesday 24 June 2015.

BACKGROUND The Moobi School Community Committee was formed as a Section 355 Committee of Council in 2005 when Council advised the Lands Office of its intention to take on management of Crown Reserve 170411 – the old Moobi School Site. The formation of the Committee was to ensure the former Moobi School site remained a community asset. REPORT/PROPOSAL The Committee Annual General Meeting was conducted on 24 June, 2015. Discussions included: Election of Officers Review of charter Review of usage agreements Financial assistance requirements Improvement programs ATTACHMENTS

1 Minutes of the Moobi School Community Committee Meeting - 24 June 2015

RESOLVED that Council endorse the minutes of the Moobi School Community Committee meeting held on Wednesday 24 June 2015.

Moved: Cr P Bishop Seconded: Cr R Campbell CARRIED

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ATTACHMENT NO: 1 - MINUTES OF THE MOOBI SCHOOL COMMUNITY COMMITTEE MEETING - 24 JUNE 2015

ITEM NO: C.07.2

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MINUTES OF THE ANNUAL GENERAL MEETING OF THE MOOBI SCHOOL SITE COMMUNITY COMMITTEE HELD ON WEDNESDAY 24 JUNE 2015 AT THE MOOBI SCHOOL – DARTBROOK RFS SHED COMMENCING AT 6.00PM  PRESENT: Coleen Pinkerton (Council), Neville Cameron, Stuart Jack, Mary McPhee, Andrew McPhee, Michael Parkinson, Tim Haig, Pennie Jeffries, Bruce Jeffries  APOLOGIES:  RESOLVED that the apologies received from Ian Brooks and Warren Atkinson be received. MOVED:  T Haig     SECONDED: N Cameron  MOTION CARRIED  FINANCIAL REPORT: Account balance as at 24 June 2015    $136.05  RESOLVED that the Treasurers Report as tabled be received. MOVED:  A McPhee    SECONDED: B Jeffries  MOTION CARRIED  PRESIDENTS REPORT:  A verbal report was presented to the Committee on activities and facility usage. Activities have included: 

RFS meetings 

RFS fire responses 

Christmas function 

Mid year community function 

Private hire of venue  The Committee was also advised of Council realignment and change of responsible officer to service Committee. At this point in time all communications to remain with Coleen Pinkerton until advised further.  Noted  ELECTION OF OFFICE BEARERS:  President:    Tim Haig   Nominated    Andrew McPhee  Seconded:  Bruce Jeffries ELECTED  Vice President:  Bruce Jeffries   Nominated    Andrew McPhee  Seconded:  Neville Cameron ELECTED  Vice President:  Andrew McPhee  Nominated    Mary McPhee    Seconded:  Bruce Jeffries ELECTED  Secretary/Treasurer: Mary McPhee   Nominated    Andrew McPhee    Seconded:  Bruce Jeffries ELECTED  COMMITTEE: Neville Cameron, Stuart Jack, Mary McPhee, Andrew McPhee, Michael Parkinson, Tim Haig, Pennie Jeffries, Bruce Jeffries, Ian Brooks 

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ATTACHMENT NO: 1 - MINUTES OF THE MOOBI SCHOOL COMMUNITY COMMITTEE MEETING - 24 JUNE 2015

ITEM NO: C.07.2

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  GENERAL BUSINESS:  1.  User agreement 

A review of the user agreement is required to include security, casual users (not functions) and regular users.  

NOTED, Coleen Pinkerton to update and have reviewed by Council insurers.  2.  Building maintenance and insurance 

Maintenance list to be prepared and submitted to Council.  NOTED, Committee to provide to Council.  

Council insurance of facility to be reviewed for cover.  NOTED, Coleen Pinkerton to review.  3.  Grant funded projects 

A list of projects is to be prepared by the Committee and appropriate costings, plans etc. prepared (project to be shovel ready).  Committee advised of appointment of new Council Grants Officer and her role.  

NOTED, grant newsletter to be provided to Committee for liaison with Council Grants Officer.  NEXT MEETING:  To be aligned to next working bee at Centre.  Meeting closed at 6.45pm  

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GENERAL ADMINISTRATION REPORTS

G.07.1 REQUEST FOR FINANCIAL ASSISTANCE - SCONE LITERARY LONG WEEKEND

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate & Community Services

AUTHOR: Shinead Taylor - Governance & Executive Support Officer

PURPOSE The purpose of this report is to consider a request to provide financial assistance to the Scone Literary Long Weekend.

RECOMMENDATION That Council provide financial assistance to the value of $200 to assist with the Scone Literary Long Weekend.

BACKGROUND The Scone Literary Long Weekend is to be held from 3- 5 October 2015. The inaugural event was held in 2014. A request has been made for Council to provide some financial assistance. REPORT/PROPOSAL The event will be held in October in the Scone Arts and Crafts Hall. It is proposed to provide some financial support as the event will attract visitors to the area. OPTIONS 1. Agree to provide a donation of $200 2. Provide a donation to a different value 3. Not provide a donation to the event CONSULTATION

Director Corporate & Community Services STRATEGIC LINKS a. Community Strategic Plan 2013+ SOCIAL

2) Promote wellbeing, through health, education, recreation and culture for a healthy, vibrant and fulfilling life for our community.

b. Delivery Program Facilitate partnerships which create and support a caring community. Facilitate healthy lifestyles through participation by and in partnership with the

community in sports and cultural activities.

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c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The request fits within Council’s donation policy – Section 6(d). b. Financial Implications The current Delivery Program and Operational Plan has a Donations/Sponsorship budget of $22,000. Under the preferred option, the financial implications will be $200 which is available within the budget. c. Legislative Implications Nil d. Risk Implications All events require a risk evaluation to be undertaken prior to the event. e. Other Implications Nil CONCLUSION The recommendation is to provide a donation to the Scone Literary Long Weekend to the value of $200. ATTACHMENTS

1 Scone Literary Long Weekend - Request for donation for Literary Long Weekend - 3-5 October 2015

RESOLVED that Council provide financial assistance to the value of $200 to assist with the Scone Literary Long Weekend.

Moved: Cr D Peebles Seconded: Cr R Campbell CARRIED

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ATTACHMENT NO: 1 - SCONE LITERARY LONG WEEKEND - REQUEST FOR DONATION FOR LITERARY LONG WEEKEND - 3-5 OCTOBER 2015

ITEM NO: G.07.1

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ATTACHMENT NO: 1 - SCONE LITERARY LONG WEEKEND - REQUEST FOR DONATION FOR LITERARY LONG WEEKEND - 3-5 OCTOBER 2015

ITEM NO: G.07.1

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ATTACHMENT NO: 1 - SCONE LITERARY LONG WEEKEND - REQUEST FOR DONATION FOR LITERARY LONG WEEKEND - 3-5 OCTOBER 2015

ITEM NO: G.07.1

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General Manager's Unit

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G.07.2 REQUEST TO WAIVE FEES - MERRIWA LITTLE SPROUTS

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate & Community Services

AUTHOR: Shinead Taylor - Governance & Executive Support Officer

PURPOSE The purpose of this report is to consider a request from Merriwa Central School to waive fees associated with hiring the Merriwa School of Arts for the annual Little Sprouts Community Reading Day.

RECOMMENDATION That Council provide a donation to the value of the fees of $169 being the fees applicable for the hire of the Merriwa School of Arts on 28 August 2015.

BACKGROUND Merriwa Central School has written to Council requesting that the fees applicable for hiring the Merriwa School of Arts on 28 August 2015 be waived. Merriwa Central School organises an annual Little Sprouts Community Reading Day where students from surrounding schools come together to read with members of the community at local businesses and take part in various activities. They are hosting 250 children and providing recess, lunch, activities and books for all participants. REPORT/PROPOSAL Council has previously supported the event over a number of years. The school is happy to provide acknowledgement of Council’s assistance at the event. OPTIONS 1. Accept the recommendation and provide donation. 2. Amend the recommendation and provide an alternative amount. 3. Reject the recommendation and not provide a donation. CONSULTATION

Director Corporate & Community Services. STRATEGIC LINKS a. Community Strategic Plan 2013+ SOCIAL 2) Promote wellbeing though health, education, recreation and culture for a healthy, vibrant

and fulfilling life for our community. 7. Facilitate healthy lifestyles through participation by and in partnership with the

community in sports and cultural activities. b. Delivery Program

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To promote and financially support cultural activities in the Shire and encourage civic pride. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The request falls within sections 4(b) and (c) of the Grants and Subsidies Policy as it both promotes an event for a local town and the Shire as a whole. It fall outside of the policy however, due to the value and is accordingly referred to Council for determination. b. Financial Implications This request is applicable to the 2015/16 Budget. The proposed donation of $169 is available under that budget. c. Legislative Implications Nil d. Risk Implications All events require a risk evaluation to be undertaken prior to the event. e. Other Implications Nil CONCLUSION The recommendation is to provide assistance to the Merriwa Little Sprouts Community Reading Day to be held on 28 August 2015 at the Merriwa School of Arts. ATTACHMENTS

1 Merriwa Central School - Booking Merriwa School of Arts - request for Council to donate to cover expense - Friday 28 August 2015 - Little Sprouts

RESOLVED that Council provide a donation to the value of the fees of $169 being the fees applicable for the hire of the Merriwa School of Arts on 28 August 2015.

Moved: Cr D Peebles Seconded: Cr L Driscoll CARRIED

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ATTACHMENT NO: 1 - MERRIWA CENTRAL SCHOOL - BOOKING MERRIWA SCHOOL OF ARTS - REQUEST FOR COUNCIL TO DONATE TO COVER EXPENSE - FRIDAY 28 AUGUST 2015 - LITTLE SPROUTS

ITEM NO: G.07.2

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G.07.3 REQUEST FOR SPONSORSHIP - ST JOSEPH'S HIGH SCHOOL - 2015 OUTWARD BOUND PROGRAM

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate & Community Services

AUTHOR: Shinead Taylor - Governance & Executive Support Officer

PURPOSE A request has been made for financial assistance towards the 2015 Outward Bound Program run through St Joseph’s High School Aberdeen.

RECOMMENDATION That Council provide a donation of $200 to St Joseph’s High School, towards assisting their Year 9 Class attend Outward Bound in Term 3, 2015.

BACKGROUND Council has provided financial assistance to Year 9 Students of St Joseph’s High School since 2008 towards the running of the Outward Bound Program. Council has received a letter from the school seeking assistance for the 2015 Program. REPORT/PROPOSAL It is proposed that Council continue to provide assistance under its Donation Budget. OPTIONS 1. Accept the recommendation and provide the donation 2. Amend the recommendation and provide an alternate amount 3. Reject the recommendation and not provide a donation CONSULTATION

Director Corporate & Community Services STRATEGIC LINKS a. Community Strategic Plan 2013+ SOCIAL

2) Promote wellbeing through health, education and culture for a healthy, vibrant and fulfilling life for our community.

b. Delivery Program Facilitate partnerships which create and support a caring community. Facilitate healthy lifestyles through participation by and in partnership with the community

in sports and cultural activities. c. Other Plans

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Nil IMPLICATIONS a. Policy and Procedural Implications The request falls within Council’s Grants and Subsidies Policy. b. Financial Implications Funds are available under Council’s 2015/16 Donation Budget. c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil CONCLUSION That Council continue to provide financial assistance to the Outward Bound Program as it has in the past. ATTACHMENTS

1 St Josephs High School Aberdeen - Outward Bound 2015 - Request for support and sponsorship

2 Outward Bound Brochure

RESOLVED that Council provide a donation of $200 to St Joseph’s High School, towards assisting their Year 9 Class attend Outward Bound in Term 3, 2015.

Moved: Cr L Driscoll Seconded: Cr M Johnsen CARRIED

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ATTACHMENT NO: 1 - ST JOSEPHS HIGH SCHOOL ABERDEEN - OUTWARD BOUND 2015 - REQUEST FOR SUPPORT AND SPONSORSHIP

ITEM NO: G.07.3

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ATTACHMENT NO: 2 - OUTWARD BOUND BROCHURE ITEM NO: G.07.3

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