MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER … · advised that he would leave the meeting and take no part in discussion and voting. CR.04.4 Tender REGPRO751920 – Supply and

Page 1 of 141 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 April 2020

MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY 27 APRIL 2020 IN THE SCONE COUNCIL CHAMBERS COMMENCING AT 5.00pm

PRESENT: Cr Wayne Bedggood (Mayor), Cr Maurice Collison (Deputy Mayor), Cr Sue Abbott, Cr Josh Brown, Cr Ron Campbell, Cr Lorna Driscoll, Cr Kiwa Fisher and Cr Lee Watts.

APOLOGIES: RESOLVED that Council accept the application received from Cr James Burns for leave of absence until July 2020. Moved: Cr M Collison Seconded: Cr R Collison CARRIED UNANIMOUSLY

IN ATTENDANCE: Mr Steve McDonald (General Manager), Mr Kristian Enevoldson (Director Corporate Services), Mr Mathew Pringle (Director Environmental & Community Services), Mr Nicholas Havyatt (Director Infrastructure Services), Mr Wayne Phelps (Finance Manager), David O’Brien (Manager Information Services), Mrs Joanne McLoughlin (Property & Business Coordinator) and Mrs Robyn Cox (Executive Assistant). PUBLIC PARTICIPATION: Written submissions were provided by Mr Daryl Dutton and Mr Geoff Pinfold both in favour of Notice of Motion NM.04.1 Scone Airport and Aviation Museum Project. CONFIRMATION OF MINUTES: RESOLVED that the amended minutes of the ordinary Council meeting held on 8 April 2020 be adopted.

Moved: Cr L Driscoll Seconded: Cr R Campbell CARRIED DISCLOSURES OF INTEREST: SCR.04.2 Development & Environmental Services Committee

DESC.04.1 – Development Application No. 15/2020 Mr Steve McDonald declared a pecuniary interest / significant conflict for the reason that he is the applicant of Item 2. Mr McDonald advised that he would leave the meeting and take no part in discussion. C.04.1 Sustainability Advisory Committee Cr Wayne Bedggood declared a non-pecuniary interest / significant conflict for the reason that the Queensland – Hunter Gas Pipeline may run through the property that he manages. Cr Bedggood advised that he would leave the meeting and take no part in discussion and voting. CR.04.4 Tender REGPRO751920 – Supply and Delivery of Hardware Cr Kiwa Fisher declared a pecuniary interest / insignificant conflict for the reason that he is a shareholder in one of the tendering businesses. Cr Fisher advised that he would leave the meeting and take no part in discussion and voting. MAYORAL MINUTES Nil


UPPER HUNTER SHIRE COUNCIL

Ordinary Meeting - 27 April 2020

TABLE OF CONTENTS

STANDING COMMITTEE REPORTS ..................................................................................... 3

SCR.04.1 Infrastructure Services Committee ................................................................................... 3

SCR.04.2 Development & Environmental Services Committee ..................................................... 13

SCR.04.3 Finance Committee .......................................................................................................... 34

COMMITTEE/DELEGATES REPORTS ................................................................................ 44

C.04.1 Sustainability Advisory Committee ................................................................................ 44

C.04.2 Upper Hunter Library Services Advisory Committee .................................................... 51

SUSPENSION OF STANDING ORDER OF BUSINESS ....................................................... 57

NM.04.2 Rescission Motion - Development Application No. 159/2018 ....................................... 58

DEVELOPMENT REPORTS ................................................................................................. 59

D.04.1 Development Application No. 159/2018 - Demolition of existing structures, service station and convenience store food premises ............................................................... 59

GENERAL ADMINISTRATION REPORTS ........................................................................... 85

G.04.1 Purchase of 167 Kelly Street, Scone .............................................................................. 85

G.04.2 Draft Delivery Program 2017/2018 - 2020/2021 and Operational Plan 2020/2021 ....... 110

INFRASTRUCTURE REPORTS ......................................................................................... 115

I.04.1 Naming of New Bridge Over Rouchel Brook ................................................................ 115

NOTICES OF MOTION ........................................................................................................ 120

NM.04.1 Notice of Motion - Scone Airport and Aviation Museum Project ............................... 120

NM.04.3 Notice of Motion - Liverpool Lodge .............................................................................. 122

QUESTIONS WITH NOTICE ............................................................................................... 123

QWN.04.1 Questions with Notice .............................................................................................. 123

CONFIDENTIAL REPORTS ................................................................................................ 126

CR.04.1 Tender T721920HUN - Supply and Delivery of Ductile Iron Cement Lined Pipe, Water & Sewer Fittings & Valves ............................................................................................. 126

CR.04.2 Tender T761920HUN - Supply and Delivery of Water Meters ...................................... 127

CR.04.3 Tender T741920HUN - Supply and Delivery of Bulk Cationic Bitumen CRS .............. 128

CR.04.4 Tender REGPRO751920 - Supply and Delivery of Hardware ...................................... 129

CR.04.5 Tender T731920HUN - Provision of Road Stabilising .................................................. 130

CR.04.6 Tender T771920HUN - Supply and Delivery of Passenger Vehicle, Truck and Earthmoving Tyres......................................................................................................... 131

CR.04.7 Tender T711920HUN - Supply and Delivery of Bulk Water Treatment Chemicals ..... 132

CR.04.8 Rescission Motion - Omadale Brook Bridge - Tender Evaluation .............................. 133

CR.04.9 Tender No. 08/2020 - Omadale Brook Bridge - Tender Evaluation ............................. 135

CR.04.10 Tender 16/2020 - Scone Regional Airport Aerodrome Ground Lighting Upgrade ..... 136

CR.04.11 Tender 06/2020 - Construction of the new Warbirds Visitor Attraction & Airport Terminal building at Scone Airport. .............................................................................. 137

CR.04.12 Tender 07/2020 - Scone Regional Airport Airside Infrastructure Upgrade................. 138

Report To Ordinary Council Meeting 27 April 2020

Infrastructure Services


STANDING COMMITTEE REPORTS

SCR.04.1 INFRASTRUCTURE SERVICES COMMITTEE

RESPONSIBLE OFFICER: Steve McDonald - General Manager

AUTHOR: Nicholas Havyatt - Director Infrastructure Services

RECOMMENDATION

That Council adopt the minutes of the Infrastructure Services Committee meeting held on Tuesday, 14 April 2020.

BACKGROUND The Infrastructure Services Committee provides policy and direction, along with an update on the planned program for roads, bridges, water and sewerage work, parks and building. REPORT/PROPOSAL ISC.04.1 WORKS PROGRAM - INFRASTRUCTURE SERVICES - WATER AND SEWER Progress of major projects is listed in Attachment 1. All works relating to the Scone to Murrurundi Pipeline are covered in a separate report. Project highlights from this month include (but are not limited to):

• Aberdeen Rock Flume o Storm water is eroding the river bank within private property located adjacent to

St Andrews Reserve in Aberdeen. o Continued erosion will eventually threaten Perth Street sewage pump station.

o Council and Local Land Services (LLS), together with Soil Conservation Services (SCS), have been in negotiations with the landholder for some time now in order to construct a $250,000 rock flume at the location, to stop the erosion permanently.

o Council and LLS have already entered into an agreement to split the costs of the project approximately 50:50, and Council are in the process of finalizing an Memorandum of Understanding between Council and the affected landholder.

o Works to begin in a few months, likely start of 2020/21 financial year.

• Cassilis Sewerage Scheme o The Final Review of Environmental Factors (REF) has been received by

Council from Cardno, effectively concluding their contracted works with Council. o Prior to tender preparation, Council will ‘truth’ the conceptual network

arrangement to reduce any potential construction risk. Council will also undertake purchase of sewer easements as required for the project.

o Separately, Council are proceeding with construction of stock-proof fencing around the site of the future STP.

• Village Reticulation and Murrurundi Reservoir

o First Concept Designs for the village reticulation are due early April 2020. o ADW Johnson will also undertake additional work to look at potential rural water

supply options for the Moobi area.




o Council have produced a draft design risk assessment for the Murrurundi Reservoir project and are currently reviewing internally.

o Council are also producing a Performance Specification and Scope of Works with a view to go to tender for the reservoir construction shortly.

ISC.04.2 WORKS PROGRAM - INFRASTRUCTURE SERVICES

Some of the major projects currently under construction or planned are:

• Regional Roads • MR105 Hunter Road - Kelley’s Gully to Waverley Road rehabilitation (Stage 2 & 3)

• Local Roads

• Nandowra and Dartbrook Road drainage work

• Unsealed road resheeting

• Murulla Street Causeway

Willow Tree Road MR358 Upgrade It has been identified that part of the road construction on the mountain stage has had major failings. Traffic control measures have been put in place and a load limit of 5 tonnes has also been put in place. Council staff and consulting geotechnical engineers Douglas Partners undertook an initial inspection of the pavement alignment on 10 March 2020 to assess the damage. A further report will be provided after the geotechnical investigation is completed. ISC.04.3 SPECIAL PROJECTS UPDATE The key projects currently been managed by Special Projects include.

• Scone Regional Selling Centre – Saleyards Redevelopment • Old Court Theatre – Design and Consents • Scone CBD Revitalisation – Detail Design • 133 Kelly Street Redevelopment • Omadale Brook Bridge Replacement • Scone Regional Airport Redevelopment

ISC.04.4 CAPITAL WORKS UPDATE The spreadsheet provided under separate cover shows the expenditure up to the end of March 2020. Key projects currently include:

• Scone Regional Airport • Nandowra Road Drainage works • Murrurundi Water Pipeline • Gundy Road Kelly’s Gully

ISC.04.5 SCONE TO MURRURUNDI PIPELINE MONTHLY REPORT A project update was provided at the meeting that including the following.




Key Activities Completed in the Last Month

• Development of a draft Water Service Agreement for rural connection customers including the costs of connection.

• Continuation of work by surveyors developing easement plans. • Replacement of doorways in pump stations to make them comply with Australian

Standards. • Pumps at Scone pump station were making far too much noise. The pumps were

inspected by the supplier (Grundfos) and it was found that the pump motors had noisy bearings and needed to be replaced. Grundfos are sourcing new pump motors but have now taken three weeks with no sign of any motors.

• Inspection of all sites and the development of an outstanding items/defects register. • Pre-commissioning of the pipeline system has been delayed, waiting on new pump

motors to be supplied and fitted. • Design has commenced on the village reticulation design.

Significant Achievements in the Next 3 Months

• Completion of negotiations with Native Title claimants on compensation for Crown Land easements.

• Completion of pre- commissioning. • Commissioning of the pipeline system and system proving. • Site fencing and landscaping. • Official opening. • Creation of easements. • Completion of concept design of the three villages. • Community consultation in each of the three villages. Stakeholder Engagement

• Ongoing consultation with land owners along the pipeline route.

ISC.04.6 WATER CONSUMPTION UPDATE AND SUMMARY The Water Consumption Update and Summary report provides an update on water consumption across the Shire. ISC.04.7 ANSWERS TO COUNCILLOR QUESTIONS At each Infrastructure Services Committee meeting the Councillors ask questions to the Infrastructure Services Director and Managers. Some questions require further investigation and actions to be made and a report is provided back to the Committee at the next meeting. Questions are noted on the Minutes and will be answered at the next month’s Infrastructure Services Committee meeting.

ATTACHMENTS

1 Infrastructure Services Committee Meeting 14 April 2020 - Summary Minutes




RESOLVED That Council adopt the minutes of the Infrastructure Services Committee meeting held on Tuesday, 14 April 2020, with the amended wording to Cr Abbott’s second question under Councillor Questions.

Moved: Cr R Campbell Seconded: Cr M Collison CARRIED UNANIMOUSLY

ATTACHMENT NO: 1 - INFRASTRUCTURE SERVICES COMMITTEE MEETING 14 APRIL 2020 - SUMMARY MINUTES

ITEM NO: SCR.04.1



ITEM NO: SCR.04.1



ITEM NO: SCR.04.1



ITEM NO: SCR.04.1



ITEM NO: SCR.04.1



ITEM NO: SCR.04.1



Environmental & Community Services


SCR.04.2 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE


AUTHOR: Mathew Pringle - Director Environmental & Community Services

RECOMMENDATION

That Council: 1. adopt the minutes of the Development & Environmental Services Committee meeting

held on 14 April 2020. 2. DESC.04.1 - approve Development Application No. 15/2020 for a dual occupancy and

subdivision of 1 lot into 2 lots at 19 Main Street Scone (Lot 3 DP 1177923), subject to the conditions of consent in Attachment 2.

3. DESC.04.2 - approve Development Application No 12/2020 for a boundary adjustment/consolidation between Lot 1 DP 1158964 and Lot 2 DP 739904, Darkwood Road Cassilis, subject to the conditions of consent in Attachment 3.

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 & Environmental Services Committee was held on Tuesday, 14 April 2020. REPORT/PROPOSAL In relation to Item DESC.04.1, the Committee supported the recommendation to approve Development Application No. 15/2020 for a dual occupancy and subdivision of 1 lot into 2 lots at 19 Main Street Scone (Lot 3 DP 1177923), subject to conditions of consent. In relation to Item DESC.04.2, the Committee unanimously supported the recommendation to approve Development Application No. 12/2020 for a boundary adjustment/consolidation between Lot 1 DP 1158964 and Lot 2 DP 739904, Darkwood Road Cassilis, subject to conditions of consent.

ATTACHMENTS

1 Minutes of Development & Environmental Services Committee - 14 April 2020

2 DA 15/2020 - Recommended Conditions of Consent

3 DA 12/2020 - Recommended Conditions of Consent




DISCLOSURE OF INTEREST Mr Steve McDonald declared a pecuniary interest / significant conflict for the reason that he is the applicant of Item 2. Mr McDonald left the meeting at 5.13pm and took no part in discussion.

RESOLVED That Council: 1. adopt the minutes of the Development & Environmental Services Committee

meeting held on 14 April 2020.

Moved: Cr K Fisher Seconded: Cr S Abbott CARRIED UNANIMOUSLY RESOLVED That Council:

2. DESC.04.1 - approve Development Application No. 15/2020 for a dual occupancy and subdivision of 1 lot into 2 lots at 19 Main Street Scone (Lot 3 DP 1177923), subject to the conditions of consent in Attachment 2.

Moved: Cr L Watts Seconded: Cr K Fisher CARRIED

FOR AGAINST Councillor Bedggood Councillor Abbott Councillor Brown Councillor Campbell Councillor Collison Councillor Driscoll Councillor Fisher Councillor Watts Total (7) Total (1)

RESOLVED That Council:

3. DESC.04.2 - approve Development Application No 12/2020 for a boundary adjustment/consolidation between Lot 1 DP 1158964 and Lot 2 DP 739904, Darkwood Road Cassilis, subject to the conditions of consent in Attachment 3.

Moved: Cr K Fisher Seconded: Cr L Watts CARRIED UNANIMOUSLY

Mr McDonald returned to the meeting.

ATTACHMENT NO: 1 - MINUTES OF DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 14 APRIL 2020

ITEM NO: SCR.04.2


MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 14 APRIL 2020 VIA VIDEO CONFERENCE AT 10.00AM

PRESENT: Cr Kiwa Fisher (Chair), Cr Sue Abbott, Cr Ron Campbell and Cr Lee Watts.

APOLOGIES: Nil

IN ATTENDANCE: Mayor Wayne Bedggood, Mr Mathew Pringle (Director Environmental & Community Services), Mrs Lisa Betts (Administration Assistant) and Mr James Watts (Public Participant, Item DESC.04.1) ADOPTION OF MINUTES: Development & Environmental Services Committee held on 10 March 2020.

Moved: Cr Watts Seconded: Cr Abbott CARRIED DECLARATIONS OF INTEREST: Nil PUBLIC PARTICIPATION: DESC.04.1 DA 15/2020 DUAL OCCUPANCY AND SUBDIVISION OF 1 LOT INTO 2 LOTS Prior to consideration of agenda item DESC.04.1, Mr James Watts briefed the Committee on his concerns regarding the proposal which included:

• The small size of the proposed lots and the significant amount of area taken up by each dwelling.

• The small lot frontage • The overall effect on amenity of the area.

Committee questions and comments:

• Cr Abbott: Councillor Abbott supported Mr Watts’ comments.

• Cr Watts:

In reference to Mr Watts’ written submission, Cr Watts asked if his dwelling required a greater setback when constructed many years ago. Mr Watts recalled that the setback was based on existing dwellings within close proximity to his land.

• Cr Campbell

Cr Campbell asked how the development would personally impact Mr Watts. Mr Watts said the development would not necessarily impact him personally but that the development does have an impact on amenity of the area.


ITEM NO: SCR.04.2


BUSINESS ITEMS: DESC.04.1 DA 15/2020 DUAL OCCUPANCY AND SUBDIVISION OF 1 LOT INTO 2 LOTS The Director Environmental & Community Services (Director), provided an overview of the proposal. He noted that there was a previous development consent granted for 3 dwellings on the site whereas the current application proposes 2 detached dwellings. The Upper Hunter Local Environmental Plan (LEP) and Upper Hunter Development Control Plan (DCP) contain provisions that allow for this type of development and the proposal generally complies with the applicable controls. It was noted that the proposal does meet the minimum lot size for dual occupancy. There have been no changes to setbacks or minimum lot sizes since the LEP was adopted in 2013 and the DCP was adopted in 2015. Mr Pringle advised that the proposal is in keeping with other development in the area and highlighted that urban planning principles encourage higher density housing closer to the centre of town. He mentioned several benefits of preventing urban sprawl and outlined why this was important. In relation to the timing of the subdivision, it was confirmed that there is a proposed condition of consent requiring the occupation certificate to be issued for the dwellings prior to the issue of a subdivision certificate for the land. Additional Committee questions and comments:

• Cr Watts: Cr Watts asked how the building footprints compare between the previously approved 3 units and that of the 2 dwellings currently proposed. Mr Pringle could not recall the exact size of the previously approved dwellings but commented that the site coverage is possibly similar as the two dwellings currently proposed are 4 bedroom homes. The Floor Space Ratio (FSR) of the development is 0.37:1 which complies with the maximum FSR of 0.5:1 allowable on the site.

• Cr Campbell

Cr Campbell asked for clarification regarding when the minimum setbacks and lot sizes were last amended.

The DCP was adopted in 2015 and the LEP was adopted 2013. The proposal complies with the applicable standards in relation to lot size and front setback. In this case the minimum setback is based on the average front setback of adjoining development.

• Cr Abbott

Cr Abbott asked if the applicant of the DA was the General Manager of Upper Hunter Shire Council. Mr Pringle confirmed that the applicant of the DA is Stephen McDonald (General Manager) and advised that the development application assessment should be treated the same as any other with the slight variation to the determination process as prescribed by Council’s adopted Policy for the Assessment of Development Applications for Councillors and Designated Staff. The Committee discussed the transparency of the assessment and determination process and questioned whether it would be necessary to seek legal advice. Cr Abbott then asked about proposed Condition 20, what it meant and why the note was written in red. (Condition 20: Prior to the issue of any Occupation Certificate a work as executed plan drawn on Department of Fair Trading approved template datelining the layout


ITEM NO: SCR.04.2


and location of the stormwater pipe work is to be submitted to Upper Hunter Shire Council. Note: the original copy of works as executed drawing must be submitted to Council.) Mr Pringle advised this was a standard condition requiring a diagram be submitted showing drainage lines for the dwellings but could not confirm why the note was written in red. The red font colour may simply be a typographical error. Cr Abbott also reiterated her concern in relation to the density of the proposal but Mr Pringle advised we should be maximising density in urban areas to reduce urban sprawl and subsequent impacts on agricultural land and areas of biodiversity that fringe the township.

• Cr Bedggood

Cr Bedggood thought legal advice may have been obtained in relation to the application but was not certain. Clarification could be sought from the General Manager. Mr Pringle was not aware of any legal advice being received but confirmed it could be sought if required.

• Cr Fisher

Cr Fisher confirmed he was in favour of infill development such as this proposal and understood the benefits of preventing urban sprawl. He noted that this proposal was not inconsistent with many similar developments within the township.

• Cr Campbell

Cr Campbell asked if legal advice could be attached to the report prior to it being presented to Council at its next ordinary meeting. He later requested this comment be disregarded as the process followed for assessing and determining the application was consistent with Council’s policy.

DESC.04.2 DA 12/2020 BOUNDARY ADJUSTMENT/ CONSOLIDATION M Pringle provided a summary of the report. He highlighted that Lot 1 does contain a heritage item (Cassilis Station & Grave Site) but it would remain unaffected by the boundary adjustment. It was also noted that the boundary adjustment would result in Lot 102 being given frontage to the river. One (1) submission was received from an adjoining landowner on the basis that his land is affected as the river forms a boundary between their properties. The submission raised concerns in relation to physically fencing portions of rural land but this is not a matter requiring consideration throughout the DA assessment process. It is believed that the subdivision will not effect this landowner. Mr Pringle confirmed the plan was prepared by a registered surveyor who had recorded the legal boundaries of the subject land. Committee questions and comments:

• Cr Campbell Cr Campbell mentioned he had spoken to the submitter about their concerns. For the Committee’s understanding, he further explained the fencing issues. Mr Pringle acknowledged these concerns but advised that fencing matters should be discussed between property owners and the position of a stock fence between two properties couldn’t be considered as part of the development assessment. Cr Campbell asked for clarification regarding how the boundary line is determined.


ITEM NO: SCR.04.2


M Pringle advised that it appears to be the top of the bank, as indicated on the surveyor’s plan. Paul Smith confirmed he had been on site and cadastral mapping shows property boundaries only extending to the edge of the bank, not the centre of the river. There is no consistent rule regarding property boundaries shared with rivers and it can vary from property to property. Cr Campbell questioned where the new fence should be located when the boundary adjustment occurs. Mr Pringle confirmed it would be between landowners to discuss the fencing arrangements. It was indicated that it may not always be possible or practical to construct a fence precisely on a boundary line due to physical constraints of the terrain.

• Cr Abbott Cr Abbott expressed some concern with the proposal given that the adjoining land owner/submitter had concerns about the shared boundary line.


ITEM NO: SCR.04.2


DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE REPORTS

DESC.04.1 DEVELOPMENT APPLICATION NO. 15/2020 DUAL OCCUPANCY AND SUBDIVISION OF 1 LOT INTO 2 LOTS

RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services

AUTHOR: Paul Smith - Senior Environmental Planner

PURPOSE Development Application No. 15/2020 for a dual occupancy and subdivision of 1 lot into 2 lots at 19 Main Street Scone (Lot 3 DP 1177923) was lodged with Council on 24 January 2020. The development application is being referred to Council as one submission has been received and to satisfy the requirements of Council’s Policy - Assessment of Development Applications for Councillors and Designated Staff.

RECOMMENDATION That Council approve Development Application No. 15/2020 for a dual occupancy and subdivision of 1 lot into 2 lots at 19 Main Street Scone (Lot 3 DP 1177923), subject to the conditions of consent in Attachment 1.

BACKGROUND Applicant: S J McDonald Owner: S J McDonald Location: 19 Main Street Scone (Lot 3 DP 1177923) Zoning: R1 General Residential Development Consent No. 27/2015 for three units and a retaining wall was previously approved by Council on 8 April 2015. Development Application No. 15/2020 was lodged with Council on 24 January 2020. The land is a vacant lot in the R1 General Residential Zone. One submission was received raising a number of concerns in relation to residential amenity. REPORT/PROPOSAL The development site comprises a 1,103.04m2 allotment with a 33.2m frontage to Main Street. The development application is for the erection of a single story detached dual occupancy (refer to Attachment 2 for plans). The land has a fall of approximately 2.1 m from the north-east corner to the south-west corner. House 1 is proposed to be 12.9m wide x 24.94m long x 5.2m high and House 2 is proposed to be 11.57m wide x 23.79 long x 4.98m high. Access to the site is directly from Main Street and will be provided by two separate driveways. The development application also proposes a torrens title subdivision creating Lot 101, with an area of 608.887m2 and Lot 102, with an area of 500.893m2. An assessment of the application is provided in Attachment 3.


ITEM NO: SCR.04.2


OPTIONS 1. That Council approve Development Application No. 15/2020 for a dual occupancy and

subdivision of 1 lot into 2 lots at 19 Main Street Scone (Lot 3 DP 1177923), subject to the conditions of consent in Attachment 1.

2. That Council refuse Development Application No. 15/2020 for a dual occupancy and subdivision of 1 lot into 2 lots at 19 Main Street Scone (Lot 3 DP 1177923), stating the reasons for refusal.

CONSULTATION Surrounding properties were notified of the development proposal between 5 February 2020 and 19 February 2020. An advertisement was placed in the Hunter Valley News on 5 February 2020. One (1) submission was raising issues such as compliance with setbacks, floor space ratio, minimum lot size and appropriateness of the development for the area (refer to Attachment 4). STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: Goal 3 Protect the natural environment Goal 5 A sustainable and prosperous economy We are working to achieve the following Community Priorities:

b. Delivery Program Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible. c. Other Plans NA


ITEM NO: SCR.04.2


IMPLICATIONS a. Policy and Procedural Implications The Council Policy for the Assessment of Development Applications for Councillors and Designated Staff is applicable. This requires:

1. All Development Applications lodged by or on behalf of Councillors or Senior Staff (including the General Manager, Directors and staff with delegated authority to approve Development Applications) must be assessed by an Officer that is not the applicant and reported to Council for determination.

2. An assessment in accordance with Section 79C (now Section 4.15) of the Environmental Planning and Assessment Act, 1979 will be completed and submitted to the Development & Environmental Services Committee (DESC) and/or a meeting of Upper Hunter Shire Council (UHSC) for consideration.

Recommendations from the DESC shall be submitted to the next meeting of UHSC for determination of the application. b. Financial Implications Development application fees of $1,602.28 have been paid. c. Legislative Implications An assessment of the development application has been undertaken pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979 (see Attachment 3). d. Risk Implications Council determinations of development applications and modifications 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 application. e. Sustainability Implications A BASIX Certificate has been issued committing to the installation of water tanks, energy saving devices and the establishment of low water use plant species.

f. Other Implications Nil CONCLUSION The application has been assessed as satisfactory against Section 4.15 of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015. 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


ITEM NO: SCR.04.2


conditions of consent for the following reasons:

• The proposal complies with the Upper Hunter Local Environmental Plan 2013 • The proposal complies with the Upper Hunter Development Control Plan 2015 • The proposal has been assessed as satisfactory against Section 4.15 of the Environmental

Planning & Assessment Act 1979 • Will not have an adverse impact on the surrounding locality

RECOMMENDED that Council approve Development Application No. 15/2020 for a dual occupancy and subdivision of 1 lot into 2 lots at 19 Main Street Scone (Lot 3 DP 1177923), subject to the conditions of consent in Attachment 1.

Moved: K Fisher Seconded: R Campbell CARRIED The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Campbell Councillor Abbott Councillor Fisher Councillor Watts Total (3) Total (1)


ITEM NO: SCR.04.2


DESC.04.2 DEVELOPMENT APPLICATION NO. 12/2020 BOUNDARY ADJUSTMENT/ CONSOLIDATION



PURPOSE Development Application No 12/2020 for a boundary adjustment/consolidation between Lot 1 DP 1158964 and Lot 2 DP 739904, Darkwood Road, Cassilis was lodged with Council on 21 January 2020. It is being referred to Council because one submission was received from an adjoining landowner.

RECOMMENDATION That Council grant consent to Development Application No 12/2020 for a boundary adjustment/consolidation between Lot 1 DP 1158964 and Lot 2 DP 739904, Darkwood Road Cassilis, subject to the conditions of consent in Attachment 1.

BACKGROUND Applicant: L Gant Owners: Busby and Son Pty Ltd, P M Yore and J S Yore Location: Lot 1 DP 1158964 and Lot 2 DP 739904, Darkwood Road Cassilis Zone: RU1 Primary Production Development Application No 12/2020 for a boundary adjustment/consolidation between Lot 1 DP 1158964 and Lot 2 DP 739904 was lodged with Council on 21 January 2020. One submission was received objecting to the development proposal on the basis that some of the land is part of Dalkeith Olde. REPORT/PROPOSAL The development site comprises two existing rural lots with areas of 139ha (Lot 1 DP 1158964) and 595ha (Lot 2 DP 739904). The development application proposes a boundary adjustment such that proposed Lot 101 (Lot 1) will have an area of 105.4ha and proposed Lot 102 (Lot 2) will have an area of 579.9ha. In effect the boundary adjustment will result in the portion of Lot 1 that has frontage to the Munmurra River being added to Lot 2. The resultant lots will have frontage to Llangollen Road and Darkwood Road. Part of the site (Lot 1) contains an item of local heritage significance (Cassilis Station and Grave site) which will remain entirely within proposed Lot 101. The plan of proposed boundary adjustment is provided in Attachment 2. OPTIONS 1. That Council grant consent to Development Application No 12/2020 for a boundary

adjustment/consolidation between Lot 1 DP 1158964 and Lot 2 DP 739904, Darkwood Road Cassilis, subject to the conditions of consent in Attachment 1.

2. That Council refuse to grant consent to Development Application No 12/2020 for a boundary adjustment/consolidation between Lot 1 DP 1158964 and Lot 2 DP 739904, Darkwood Road Cassilis, stating the reasons for refusal.

CONSULTATION Surrounding properties were notified of the development proposal between 29 January 2020 and 12 February 2020. An advertisement was placed in the Hunter Valley News on 29 January


ITEM NO: SCR.04.2


2020. One submission was received objecting to the boundary adjustment. The reason for the objection is that the objector’s property ‘Dalkeith Olde’ is included in the application by way of the river being the common boundary with no ‘give and take’ division being allotted equally giving Cassilis Station 5.4ha of Dalkeith Olde land and none in return. The full submission is provided in Attachment 4. STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: Goal 3 Protect the natural environment We are working to achieve the following Community Priorities:

b. Delivery Program Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications Development application fees of $383.00 have been paid. c. Legislative Implications An assessment of the development application has been undertaken pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979 (see Attachment 3). d. Risk Implications Council determinations of development applications and modifications 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 application. e. Sustainability Implications


ITEM NO: SCR.04.2


The proposed boundary adjustment will mean that existing Lot 2 DP 739904 (proposed Lot 102) will have direct frontage to a watercourse (Munmurra River) which will help to ensure the long term viability of the property.

f. Other Implications Nil CONCLUSION The application has been assessed as satisfactory against Section 4.15 of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015. 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. The reasons for the recommendation are:

• The proposal complies with the Upper Hunter Local Environmental Plan 2013 • The proposal complies with the Upper Hunter Development Control Plan 2015 • The proposal has been assessed as satisfactory against Section 4.15 of the

Environmental Planning & Assessment Act 1979 • Will not have an adverse impact on the surrounding locality.

RECOMMENDED that Council grant consent to Development Application No 12/2020 for a boundary adjustment/consolidation between Lot 1 DP 1158964 and Lot 2 DP 739904, Darkwood Road Cassilis, subject to the conditions of consent in Attachment 1.

Moved: K Fisher Seconded: L Watts CARRIED The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Campbell Councillor Fisher Councillor Watts Councillor Abbott Total (4) Total (0)

MEETING CLOSED AT 10.50AM

ATTACHMENT NO: 2 - DA 15/2020 - RECOMMENDED CONDITIONS OF CONSENT ITEM NO: SCR.04.2


DA 15/2020 Recommended Conditions of Consent

Identification of approved plans:

1. The development being carried out in accordance with the development application, the

drawings referenced below and Statement of Environmental Effects dated 17 January 2020, except where amended by the conditions of consent.

JOB REFERENCE NO SHEET

NO REVISION

NO DRAWN BY DATE

Elevations, Floor Plan and Section (House 1)

1 B P B Eveleigh Plan Service

06.03.2020

Elevations, Floor Plan and Section (House 2)

2 B P B Eveleigh Plan Service

06.03.2020

Site Plan

118-19

3 - P B Eveleigh Plan Service

16.09.2019

Concept Landscape Plan and Retaining Walls

4 C P B Eveleigh Plan Service

06.03.2020

Stormwater Concept Plan 5 - P B Eveleigh Plan Service

16.09.2019

Sediment Control Plan 101 - P B Eveleigh Plan Service

16.09.2019

Concept Sewer Plan 6 - P B Eveleigh Plan Service

16.09.2019

Subdivision Plan 7 - P B Eveleigh Plan Service

16.09.2019

(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


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 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. A contribution pursuant to the provisions of Section 7.11 of the Environmental Planning and

Assessment Act 1979as specified hereunder for the services detailed in column A and, for the amount detailed in column B shall be made to Council.

Contribution type (a) Amount per lot (B) ($) Total (C)

Recreation & Open Space Facilities $1,311.34 $1,311.34

Community & Cultural Facilities $662.43 $662.43

Transport Infrastructure $1,339.93 $1,339.93

Plan Management & Administration $30.38 $30.38

Total contribution $ 3,344.08

Documentary evidence shall be submitted to the Principal Certifier confirming that the contribution has been paid prior to determination of the application for a Construction Certificate. The level of contributions shall be in accordance with Council’s Fees and Charges at the time of payment. (Reason: To retain a level of service for the existing population and to provide the same

level of service to the population resulting from new development)



6. A contribution pursuant to the provisions of Section 64 of the Local Government Act, 1993 as specified hereunder for the services detailed in column A and, for the amount detailed in column B shall be made to Council.

Contribution type (a) Amount per lot (B) ($) Total (C)

Sewerage $ 8,535.20 $ 8,535.20

Water $ 7,374.66 $ 7,374.66

Total contribution $ 15,909.86

Documentary evidence shall be submitted to the Certifying Authority confirming that the contribution has been paid prior to determination of the application for a Construction Certificate. The level of contributions shall be in accordance with Council’s Fees and Charges at the time of payment. (Reason: To retain a level of service for the existing population and to provide the same

level of service to the population resulting from new development) 7. Prior to the issue of a Construction Certificate an amended site plan must be submitted that

deletes the second layback to proposed Lot 101. (Reason: To preserve the streetscape amenity.)

Conditions that must be addressed prior to commencement:

8. 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 in accordance with the Sediment Control Plan and Soils and Construction – ‘the Blue Book’ (Landcom 2004, 4th Edition). 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)

9. Unless an existing stabilised site access is utilised, stabilised site access consisting of at least 200mm of aggregate at 30–60mm in size be a minimum of 3m in width and must be provided from the road edge to the front of the building being constructed. The stabilised access must be fully maintained and removed from the site when a permanent driveway has been constructed. The installation must be approved by the principal certifying authority prior to the commencement of site works. (Reason: To protect the environment from the effects of sedimentation and erosion from

development sites)

10. 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)

11. 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)

12. A water meter as issued and installed by Upper Hunter Shire Water & Waste department must be connected to the town’s reticulated water supply prior to any commencement. The installation is to be confirmed by the Principal Certifying Authority prior to further commencement of site works. (Reason: To ensure an adequate supply of potable water is provided to the site)

13. No works shall commence on site 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)

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

14. 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)

15. 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)

16. Any necessary alterations to, or relocations of, utility services must be carried out at no cost to the council or the relevant public authority. (Reason: To ensure costs associated with the development are not transferred to the

public)

17. 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 the issue of any occupation certificate for the shed or approval to occupy the manufactured home:

18. The building is not to be used or occupied until a final inspection has been carried out and any Occupation Certificate has been obtained from the Principal Certifying Authority. (Reason: Prescribed - Statutory.)

19. The premises shall be connected to the sewer system in accordance with the Australian

Standard 3500. A works as executed plan on Department of Fair Trading Sewer Service Diagram is to be submitted to Council within seven (7) days following the final drainage inspection and prior to the issue of any Occupation Certificate. (Reason: To ensure compliance with the Australian Standard & Local Authority

requirements.)

20. Prior to the issue of any Occupation Certificate a works as executed plan drawn on Department of Fair Trading approved template detailing the layout and location of the stormwater pipe work is to be submitted to Upper Hunter Shire Council.

Note: The original copy of works as executed drawing must be submitted to Council. (Reason: Prescribed – Statutory.)

21. Prior to the issue of any Occupation Certificate a sealed driveway shall be constructed from the kerb and gutter to the edge of the garage in accordance with the profile and materials on the approved plans.

The crossover and layback shall be constructed in accordance with Council’s standard drawing number SVL-001.



Note: Approval under Section 138 of the Roads Act 1993 is required prior to the commencement of any works within the road reserve.

(Reason: To facilitate appropriate vehicular access to private sites, without disruption to

pedestrian and vehicular traffic and to minimise the risk of pollution to waterways from the carrying of soil from the site onto the roadway.)

22. All required driveways, internal movement areas and turning areas shall be fully constructed

and land in accordance with the consent prior to the issue of any Occupation Certificate. (Reason: To ensure that adequate facilities to service the development are provided on

site.)

23. All redundant lay-backs and vehicular crossings shall be reinstated to conventional kerb and gutter, foot-paving or grassed verge as appropriate in accordance with the Upper Hunter Engineering Guidelines for Subdivisions and Development. All costs shall be borne by the applicant, and works shall be completed prior to the issue of any Occupation Certificate.

(Reason: To facilitate vehicular access to sites, without disruption to pedestrian and

vehicular traffic, and the preservation of on street parking spaces)

24. Prior to the issue of any Occupation Certificate for the development, all landscaping shall be completed in accordance with the approved landscape plan.

(Reason: To preserve the amenity of the streetscape.)

Conditions that must be complied with at all times:

25. At all times all stormwater from the development including all hardstandings and overflows from rainwater tanks is to be collected and disposed of by way of properly constructed stormwater lines to:-

(a) the registered stormwater easement; or (b) the kerb and gutter (piped)

(Reason: To ensure suitably disposal of stormwater.)

26. At all times landscaping established for the purposes of principal private open space as indicated on the approved plans, shall be maintained in perpetuity of the development.

(Reason: To preserve the amenity of the streetscape.)

Conditions that must be complied with prior to the issue of any subdivision certificate:

27. A Registered Surveyor shall provide certification that all services (e.g. drainage, stormwater,

water supply, gas, electricity, telephone) as constructed are contained within each lot or within appropriate easements to accommodate such services. Alternatively, a letter from the relevant supply authorities stating the same may be submitted to satisfy this condition. (Reason: To ensure adequate servicing of the development.)

28. Notification of arrangements to connect services and utilities to each LOT shall be provided to the Certifying Authority with the Subdivision certificate: -

(a) telecommunication services (b) electrical reticulation

All adjustments to existing utility services made necessary by the development are to be



undertaken by the developer at no cost to Council. (Reason: To ensure adequate servicing of the development.)

29. The Occupation Certificate must be issued prior to the issue of a Subdivision Certificate.

(Reason: To ensure compliance with the Upper Hunter Local Environmental Plan 2013.)

30. Prior to issuing any Subdivision Certificate for the subdivision, the person acting upon this consent must apply to Upper Hunter Shire Council and receive written confirmation of the allocated street names and addresses (house number) and unit numbers for the building and any approved allotments within the completed project. These are the street names and numbers that will be recorded in Council records and must be displayed at the property in accordance with the provisions of AS/NZS 4819:2003 – Geographic information – Rural and urban addressing.

To assist Council when applying for street name and number allocations, a draft proposal for street naming and numbering within development should be submitted for concurrence to Council at an early stage of construction, as these numbers will be used to maintain Council’s property and mapping database, and the proposed street names must be formally agreed and adopted by Council.

(Reason: To ensure that Council records are accurate, and that building and unit

numbering complies with the requirements of Council’s House Numbering Policy. Proper building and unit numbering also assists emergency services in readily locating properties.)



DA 12/2020 – Recommended Conditions of Consent


1. The development being carried out in accordance with the development application and the

drawings referenced below and Statement of Environmental Effects, except where amended

by the following conditions.


NO

REVISION

NO

DRAWN BY DATE

Boundary Adjustment Ref:

90158-3

1 1 Fyfe 20.02.2020

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


Conditions that must be complied with prior to the issue of any strata subdivision or subdivision

certificate:

2. A Notification of arrangement of satisfactory service provisioning to each LOT shall be

submitted to the Certifying Authority with the Subdivision certificate: -

(a) electrical reticulation

All adjustments to existing utility services made necessary by the development are to be

undertaken by the developer at no cost to Council.

(Reason: To ensure adequate servicing of the development.)

General terms of approval pursuant to section 100B of the Rural Fires ACT 1997

3. The development proposal is to comply with the subdivision layout identified on the drawing

attached to the Statement of Environmental Effects (SEE) that is a modified SIX Map and dated

1/20/2020.


Corporate Services


SCR.04.3 FINANCE COMMITTEE

RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services

AUTHOR: Wayne Phelps - Manager Finance

RECOMMENDATION

That Council: 1. adopt the minutes of the Finance Committee meeting held on 17 April 2020. 2. adopt the requested budget variations as detailed in the budget review.

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

A meeting of the Finance Committee was held on Friday, 17 April 2020.

The minutes of the meeting will be provided under separate cover. OPTIONS

1. adopt the minutes of the Finance Committee meeting held 17 April 2020. 2. amend the minutes of the Finance Committee meeting held 17 April 2020. 3. not endorse the minutes of the Finance Committee meeting held 17 April 2020.

CONSULTATION

• Director Corporate Services. • General Manager

STRATEGIC LINKS

a. Community Strategic Plan 2027

This report links to the Community Strategic Plan 2027 as follows:

COMMUNITY LIFE Goal 8 Provide Community leadership

CS30 Effectively and efficiently manage the business of Council, while encouraging an open and participatory Council with an emphasis on transparency, Community engagement, action and response.

CS35 Develop and maintain effective reporting systems that enable Council to measure and report on performance.

CS36 Effective management of risk underpins all Council decisions, service delivery and behaviours.

CS37 Ensure long-term financial sustainability through short, medium and long term financial planning.

We are working to achieve the following Community Priorities:


Corporate Services


b. Delivery Program

• By providing Community leadership and to ensure the delivery of an efficient, effective local government service.

• Through the implementation and monitoring of Council’s adopted Fit for the Future proposal.

c. Other Plans

Nil IMPLICATIONS

a. Policy and Procedural Implications

Nil

b. Financial Implications

Nil.

c. Legislative Implications

Nil

d. Risk Implications

Nil

e. Other Implications

Nil CONCLUSION

The recommendation is to endorse the minutes of the Finance Committee meeting held on 17 April 2020.

ATTACHMENTS

Nil.


1. adopt the minutes of the Finance Committee meeting held on 17 April 2020. 2. adopt the requested budget variations as detailed in the budget review.

Moved: Cr L Driscoll Seconded: Cr K Fisher CARRIED UNANIMOUSLY

ATTACHMENT NO: 1 - FINANCE COMMITTEE - 17 APRIL 2020 - SUMMARY MINUTES - ATTACHMENTS EXCLUDED

ITEM NO: SCR.04.3


MINUTES OF THE FINANCE COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON FRIDAY 17 APRIL 2020 IN THE BARRY ROSE ROOM AND VIA ZOOM COMMENCING AT 8.30am

PRESENT: Cr Wayne Bedggood (Mayor), Cr Josh Brown and Cr Kiwa Fisher.

APOLOGIES: RESOLVED that the apologies received from Cr Ron Campbell be accepted.

Moved: Cr J Brown Seconded: Cr K Fisher CARRIED UNANIMOUSLY

IN ATTENDANCE: Mr Steve McDonald (General Manager), Mr Kristian Enevoldson (Director Corporate Services) and Mr Wayne Phelps (Manager Finance). RESOLVED that the Minutes of the Finance Committee held on 2 April 2020 be adopted.

Moved: Cr J Brown Seconded: Cr K Fisher CARRIED DISCLOSURES OF INTEREST: Cr Josh Brown declared a Non-pecuniary/Significant Interest as he is a Director of the Murravale Retirement Home Limited which is an aged care facility. Cr Josh Brown will not participate and will leave the meeting if/or when discussions are entered into regarding the Gummun Place Hostel. This Declaration of interest will be a standing item whilst he remains as a Director of the Murravale Retirement Home Ltd.

FCR.04.1 FINANCIAL SUMMARY & INVESTMENT REPORT



RESOLVED That the Committee: 1. note the Fund and Function Summary Report; 2. note the Cash and Investment Report; 3. note the Responsible Accounting Officer’s Statement.

Moved: Cr W Bedggood Seconded: Cr K Fisher CARRIED FCR.4.1 Financial Summary & Investment Report Financial Summary Overview Finance Manager provided an overview of the month ended March 2020 summary financial information. Currently there is a positive variance to budget of $855k which has resulted from the following primary areas:


ITEM NO: SCR.04.3


1. Council’s operating revenue is lower by $592k which included:

a. Childcare revenue lower than expected due to a vacancy for an Early Childcare Teacher which has limited the facility to 39 children. Also the initial effects of the COVID-19 pandemic have commenced with a further decrease in numbers by the end of March.

b. Landfill revenue lower than budget due to reduced patronage at the Waste Depots facilities to date which has been further magnified due to the COVID-19 pandemic.

c. Investment interest lower than budget due to the rate of return on investments dropping dramatically over the last 18 months.

d. White Park revenue lower than expected due to lack of events caused by livestock availability and additional infrastructure facilities required. Further pressure on revenues will be experienced to June due to the COVID-19 closure of the facility.

e. RMS State Roads revenues have been lower than expected due to reduced requests for individual price works to date. Requests may be limited to June due to possible State Government budget pressures caused by the COVID-19 pandemic.

f. Emergency water carting has reduced due to the recent rain with the final claim to be lodged when carting ceases.

g. All other revenue items were consistently lower to budget across services areas with cumulative negative variance effect with no dominant contributing factor.

2. Non-Operating Revenue and Expenditure were lower than budget by $172k which was due to the

following:

a. Internal fleet hire charges have been lower than expected however increased focus on

maintenance and capital works over the next three (3) months should improve the level of revenue.

b. Quarry revenue have been lower than expected due to a reduction in material removed from Council’s pits to date. Expected increase over the next three (3) months to June with road maintenance and capital works intensifying.

3. Council’s operating expenditure lower than budget by $288k which was primarily due to the following

factors which include both higher and lower actual costs to budget:

Higher actual costs to budget a. Gummun Place Hostel costs higher than budget which is due to costs associated with attaining

new compliance standard requirements plus staff shortages have pushed costs higher than expected.

b. Waste Operation costs higher than budget which is associated to the costs for kerbside disposal to Muswellbrook Waste facility and transport of waste from Merriwa/Cassilis and Murrurundi waste facilities are considerably higher than expected.

c. Scone Golf course actual operational costs higher than budget due to extended operations have been partly funded through increased revenue streams with further savings to be applied as and when they are identified.

Cr Abbott enquired if the golf course is currently open or are we thinking of reopening it? Response: Director Corporate Services advised that the Golf Course is planning to be open tomorrow 18 April and have taken strict measures to adhere to the health warnings and has conveyed that to the local police.

Lower actual costs to budget d. Roads & bridges actual maintenance and re-sheeting works constantly being monitored by the

Infrastructure Department however with the recent rain events, these costs are expected to rise.

e. All other actual costs are consistently lower to budget across services areas with cumulative positive variance effect with no dominant contributing factor.


ITEM NO: SCR.04.3


4. Council’s Capital Works Expenditure lower than budget by $1.33m which is due to the following factors which include both higher and lower costs to budget.

Higher actual costs to budget a. Village reticulation project higher than budget due to the initial concept design works

commenced earlier than expected.

Lower actual costs to budget a. Saleyards redevelopment projects lower than budget with final remaining works on

selling ring and auctioneers box completed awaiting final invoices. b. MR105 Road repair works lower with works continuing on two repair work projects

along Hunter Road extending from Kelleys Gully to Waverley Road. c. Re-sealing program lower than budget to date with the program completed late March

with costs to be received in April. d. Re-sheeting project at Flaggs & Wollar Roads slightly behind schedule with works

expected to be completed in April/May. e. Cassilis Sewer System project currently behind schedule with concept design works

continuing. f. Merriwa Sewer Pump Station renewal project currently behind budget with completion

expected by June. g. Scone to Murrurundi pipeline’s major contracted works continuing on schedule with

testing and pre-commissioning expected in April. Cr Brown enquired wether the pipeline will be operational asap and not waiting on a ribbon cutting exercise? Response: The General Manger advised that as soon as the pipeline is commissioned, it will be operational for the town of Murrurundi to use and we wont be waiting on for the ribbon cutting as it is currently costing Council money for water carting. Cr Brown also reitterated that Murrurundi have watied long enough for this and that they should not be waiting on a pair of gold scissors for it to become operational. Response: The General Manager advised that the ribbon cutting will be after it becomes operational and Murrurundi are connected. Cr Bedggood enquired when will we see the scope of works for the reticulation? Response: Taken on notice

It was highlighted by the Finance Manager that Council’s overall revised budget remains a relatively balanced budget to date, however as highlighted at the previous finance meetings Council’s budget will endure considerable pressure from full year operation of some business entities, investment revenues and rectification works required on capital works projects. With the COVID-19 pandemic, the Finance Manager provided a high level overview of the potential effects on Council’s revenue streams, potential costs imposts and possible cost savings. Overall based on current information available Council’s position has remained relatively neutral. Further investigation is required in the real estate and children services areas as changes in concessions and requirements due COVID-19 pandemic are still in a fluid state. The position at present is:

• At present the Director Corporate Services has commenced contacting the tenants to gauge their current position which may result an overall loss in revenue $50-70,000.

• Funding for the Children’s services area is unknown at present with both the Federal and State Governments providing assistance. Numbers have reduced substantially however the Federal Government has announced free childcare be provided which may assist in the centres numbers. Staff have been undertaking training whilst there hasn’t been a full complement of children in the Centre.


ITEM NO: SCR.04.3


The Splinter award introduced by the Union will make additional leave entitlements to those employees who may have been stood down during this time and would allow additional leave. Cr Brown enquired if Council has opted into the Splinter Award? Response: The General Manager advised that Council has opted into the Splinter Award with us being one of 105 Council’s being a part of this. Cr Abbott – What are the provisions of the Splinter Award? Response: The General Manager advised that the Splinter award consists of the following provisions:

• Staff are entitled to 4 weeks’ special leave

• If we are forced to close, staff are entitled to 3 months of a basic wage which can be topped up by annual or Long Service Leave (LSL) and LSL can be accessed earlier if before their 5-year anniversary. The splinter award is only applicable to Permanent Part Time or Fulltime employees.

Budget Position Summary Finance Manager also highlighted the summary of the revised overall budget position as at end of March which indicates the net variations approved to date and the proposed net variation for the current report. Following the variations noted the overall revised budget position was a negative $18,087. Non-Financial Information Finance Manager provided an overview of the Summary of Non-Financial KPI’s which indicates that 15.115% of the indicators are currently off track which was a decline on the previous month with a summary of those indicators that are currently off-track are shown in the papers. During the month of April, these KPI’s will possibly revert to red due to the effects of the COVID-19 pandemic which have resulted in some closures of Council facilities. Cr Abbott enquired is not achieving the same as off track in regards to the Non-Financial Information KPI’s. Response: The Finance Manager advised that is correct. Response: The General Manager advised the Policies area of the KPI’s are currently being worked on and should see an improvement in this figure next month and towards the end of the financial year. Cr Abbott – In relation to Customer Service and response times due to correspondence, why are we not on track with that? Response: Director Environment & Community Services advised we are playing catch up and finding that staff are responding, but not completing them in the system. They are being responded to, just not finishing the process properly. There has been additional training in this area and staff are now aware of this process. Cr Abbott - It is crucial that we do respond on time especially in these uncertain times, there are some constraints at the moment, but this is when communication is key. Response: The General Manager has advised we have received an additional 25-50% increase in correspondence since the building is closed to the public.


ITEM NO: SCR.04.3


Funds on Hand Finance Manager further highlighted the level of funds held at the end of March has remained constant to that of the previous month. Restricted Assets Finance Manager provided and overview the current movements in the restricted assets highlighting the movements in the trade waste project at Merriwa, excess Campbells Corner funds for next year’s renovations and commencement pf the White Park vet shed construction.

FCR.04.2 OPERATIONAL REPORT



RESOLVED That the Committee: 1. note the comments on the budget review by the managers/budget holders; 2. adopt the requested variations as detailed in the budget review; 3. note the Capital Budget Review by the managers/budget holders; 4. note the comments on the Capital Budget Review by the managers/budget holders.

Moved: Cr W Bedggood Seconded: Cr K Fisher CARRIED FCR 04.2 Operational Report Finance Manager provided a detailed overview Council’s service activities with questions raised throughout by the Committee. Sustainability Cr Sue Abbott enquired when will the Manager of Sustainability position be filled or will we still seek to employee someone in this position? Cr Abbott was also very pleased that staff have already started the greenhouse gas emissions inventory. Response: The Director Environment and Community Services advised that they are currently reviewing all positions in that area. Cr Sue Abbott enquired further into these comments and stressed that she hopes that we won’t be making any cuts in this area. Gummun Place Cr Josh Brown asked why we are taking money out for maintenance and is now the right time to being doing this work, I don’t understand why we wouldn’t be doing this work? Response: Finance Manager advised that it not that it’s not going to get done, it’s that we are trying to keep the residents safe and allowing contractors to come on site will make them more vulnerable. Social Protection Cr Sue Abbott enquired why can’t the committee meet before the end of the financial year considering we now that this zoom platform? Response: Director Environment and Community Services advised that there is a review of that committee and no one will be meeting until a review of the committee is completed.


ITEM NO: SCR.04.3


Cr Sue Abbott enquired about what Council is doing in regards to domestic violence given that COVID-19 makes people more vulnerable during these times? Response: Taken on notice General Manager left the meeting at 9.45am Tourism & Promotion Mayor Wayne Bedggood enquired what is happening to the events like the Festival of the Fleeces where Council has committed money? Response: The Finance Manager advised that those that have already been paid the money will retain it and this won’t be a cost to Council next year. For those that did not receive any money yet, it will be rolled over into next year’s budget. Cr Sue Abbott enquired if the organisation that we have given money to winds up due to the COVID-19, how will Council get their money back? Response: Taken on notice Cr Josh Brown left the meeting at 10.00am Parks & Gardens Cr Sue Abbott enquired when the tree planting will commence? Response: The Finance Manager advised that the trees have been ordered and should arrive and be planted within a month. Public Libraries Cr Sue Abbott sought clarity about the red KPI for technology users at the library, considering the Library is online now, wouldn’t the number of technology users increase? Response: The Finance Manager advised that this was in relation to the Virtual Reality (VR) device that they have in the library and since it is now closed, the number of users will drop. Swimming Pools Cr Sue Abbott enquired about the cost of the repairs to the Scone pool? Response: The Finance Manager advised he would seek clarification from the Director Infrastructure Services. Taken on Notice Aerodrome Cr Sue Abbott enquired about the variance in costs for the warbirds show already spent? Response: Director Corporate Services advised that these are sunken costs which include advertising, design of brochure etc. Some of these costs will be saved when the times comes again


ITEM NO: SCR.04.3


as the design of promotion material has already been completed. The final cost for this was approx. $12,000. Cr Kiwa Fisher enquired about the CASA report and if this report will be going to the next Airport committee meeting? Response: The Director Corporate Services advised that the report will be made available to Councillors next Wednesday when the workshop is scheduled. Taken on Notice to provide CASA report. Footpaths & Cycleways Cr Abbott enquired if we are underspent on footpath maintenance, can we do it now as it is a good time to being doing this work. Response: Taken on Notice

FCR.04.3 CONTRACTORS & EXPENSES REPORT



RESOLVED That the Committee: 1. Note the Contractors Listing for the period; 2. Note the Consultancy and Legal Expenses report for the period.

Moved: Cr W Bedggood Seconded: Cr K Fisher CARRIED FCR 04.3 Contractors & Expenses Cr Sue Abbott enquired what was included in the “other legal costs”? Response: Finance Manger advised that it was advice on legal binding contracts like the Warbirds over Scone, widening of roads and miscellaneous legal advice. Director of Corporate Services further advised that as a general rule, anything in an “other category” cannot be any more than 10% of the total expenses and that Council will create a subcategory to explain these expenses further. expenses and that Council will create a subcategory to explain these expenses further.

FCR.04.4 RESPONSES TO PREVIOUS QUESTIONS



RESOLVED For notation only.

Moved: Cr W Bedggood Seconded: Cr K Fisher CARRIED COUNCILLOR QUESTIONS


ITEM NO: SCR.04.3


Cr Sue Abbott enquired if the Councillors could keep receiving the COVID-19 briefings sent to staff as the last one received was 27 March? Response: Taken on notice The Finance Manger further advised in relation to the Councillors not having sufficient time to review and suggest changes to the DPOP that they do have the opportunity to make a submission during the public exhibition. Cr Sue Abbott enquired that now the Scone Advocate and the Hunter Valley News are no longer operating, how will we inform the public of Council meetings? Response: Taken on notice Cr Abbott enquired about when Council will be looking at implementing a public dashboard for Financial Information? The website is user unfriendly and during these times, access to this information is key. Response: The Finance Manager advised that Upper Hunter Shire Council is a relatively smaller Council than those that currently have this dashboard facility and also have the funds to be able to spend on it. He also advised that they have not forgotten the project and will be considered in future budgets. Cr Abbott enquired with the information coming out of the Office of Local Government (OLG) regarding the refurbishment of power stations and using these facilities for COVID-19 Quarantine and isolation areas, would Council financially contribute to this? Response: Taken on notice THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 10.49AM




COMMITTEE/DELEGATES REPORTS

C.04.1 SUSTAINABILITY ADVISORY COMMITTEE


AUTHOR: Mathew Pringle - Director Environmental & Community Services

PURPOSE The purpose of this report is to present the minutes and recommendations of the Sustainability Advisory Committee meeting held on 13 February 2020.

RECOMMENDATION That Council:

1. adopt the minutes of the Sustainability Advisory Committee meeting held on 13 February 2020.

2. in view of Council’s declaration of a climate emergency, consider opposing the Queensland – Hunter Gas Pipeline project.

BACKGROUND The Sustainability Advisory Committee is a committee of Council which meets on a quarterly basis unless otherwise advised. The Committee provides an open forum for effective and productive communication between Council and the community in relation to sustainability matters including the Upper Hunter Shire Sustainability Action Plan. The Committee considers reports, advice and recommendations of management regarding sustainability issues and makes recommendations to Council in relation to such matters. A meeting of the Sustainability Advisory Committee was held on Thursday, 13 February 2020. REPORT/PROPOSAL As noted in the minutes, the Committee recommended that Council compile baseline data on its existing energy consumption levels and greenhouse gas emissions to identify priority areas for greenhouse gas reductions. Subsequent to the Committee meeting, Council, at its meeting held on 24 February 2020, resolved to commit to being carbon neutral by 2030 subject to Council establishing a corporate greenhouse gas inventory to enable an achievable and science-based climate change target to be set and to allocate a budget of $13,000 to engage a consultant to assist Council in completing this work. It is considered that Council’s resolution is consistent with the Committee’s recommendation. In relation to the Queensland – Hunter Gas Pipeline project, the Committee discussed the project and raised concerns that it was in direct conflict with Council’s declaration of a climate emergency. As such, a recommendation was made to Council that it resolve to oppose the Queensland – Hunter Gas Pipeline project in view of the Council’s declaration of a climate emergency.




OPTIONS

1. That Council: a. adopt the minutes of the Sustainability Advisory Committee meeting held on 13

February 2020. b. oppose the Queensland – Hunter Gas Pipeline project in view of the Council’s

declaration of a climate emergency. That Council:

2. That Council: a. adopt the minutes of the Sustainability Advisory Committee meeting held on 13

February 2020. b. not oppose the Queensland – Hunter Gas Pipeline project.

CONSULTATION

• Sustainability Advisory Committee STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: BUILT AND NATURAL ENVIRONMENT Goal 3 - Protect the Natural Environment Goal 4 - Plan for a sustainable future. ECONOMY AND INFRASTRUCTURE Goal 5 - A sustainable and prosperous economy LEADERSHIP Goal 8 - Provide Community leadership Goal 9 - Advocate for the Community. We are working to achieve the following Community Priorities:




b. Delivery Program This report links to the following community strategies listed in the Delivery Program and Operational Plan 2017/18 – 2020/2021 as follows:

• G3 CS10 Advocate for, facilitate and support programs that protect and sustain our diverse environment for our future generations.

• G3 CS11 Encourage and support active Community participation within our Community to care for our environment and provide for a sustainable future.

• G5 CS19 Encourage retail and commercial business to locate and prosper within our Shire.

• G5 CS23 Facilitate and support increased and innovative tourism and marketing opportunities

• G8 CS30 Effectively and efficiently manage the business of Council, while encouraging an open and participatory Council with an emphasis on transparency, Community engagement, action and response.

• G8 C31 Council is focused on innovation and continuous improvement to ensure a high quality of service which is aligned with business needs and Community priorities.

• G8 CS35 Develop and maintain effective reporting systems that enable Council to measure and report on performance.

• G8 CS36 Effective management of risk underpins all Council decisions, service delivery and behaviours.

• G8 CS39 Develop opportunities and build capacity for Community leadership especially in Councillors and young people.

• G9 CS41 To participate and encourage regional coordination and planning between Councils and other organisations.

• C9 CS42 Provide timely and effective advocacy and leadership on key community issues and priorities.

c. Other Plans Sustainability Action Plan IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications Nil




c. Legislative Implications

Nil


Nil

e. Other Implications

Nil CONCLUSION

In view of Council’s declaration of a climate emergency, it is considered appropriate that Council oppose the Queensland – Hunter Gas Pipeline project.

ATTACHMENTS

1 Sustainability Advisory Committee - 13 February 2020 - Minutes

DISCLOSURE OF INTEREST Cr Wayne Bedggood declared a non-pecuniary interest / significant conflict for the reason that the Queensland – Hunter Gas Pipeline may run through the property that he manages. Cr Bedggood left the meeting at 5.24pm and took no part in discussion and voting. RESOLVED That Council:

1. adopt the minutes of the Sustainability Advisory Committee meeting held on 13 February 2020.

Moved: Cr S Abbott Seconded: Cr J Brown CARRIED UNANIMOUSLY


2. in view of Council’s declaration of a climate emergency, consider opposing the Queensland – Hunter Gas Pipeline project.

Moved: Cr S Abbott Seconded: Cr J Brown CARRIED

FOR AGAINST Councillor Abbott Councillor Campbell Councillor Bedggood Councillor Brown Councillor Collison Councillor Driscoll Councillor Fisher Councillor Watts Total (7) Total (1)

Cr Bedggood returned to the meeting.

ATTACHMENT NO: 1 - SUSTAINABILITY ADVISORY COMMITTEE - 13 FEBRUARY 2020 - MINUTES

ITEM NO: C.04.1


MINUTES OF THE SUSTAINABILITY ADVISORY COMMITTEE MEETING - THURSDAY 13 FEBRUARY 2020 - 5:00pm

PRESENT: Cr James Burns (Acting Chair), Jillian Reid, Ruth Hardy, Peter Bennetto,

Patrice Newell, Troy Van Balen,

IN ATTENDANCE: Mat Pringle (Director Environmental Services), Sara Wiseman (Work placement), Mary Spora (Youth Services Supervisor), Indi Welsh

1. APPOINTMENT OF TEMPORARY CHAIRPERSON RECOMMENDATION That Cr Burns be appointed as Acting Chairperson of the meeting in the absence of Cr Abbott.

Moved: Peter Bennetto Seconded: Patrice Newell

2. APOLOGIES RECOMMENDATION That the apologies received from Cr Abbott, Cr Brown, Kathryn Ludeke, Catherine Chicken and Kirsty O’Connell be accepted. Moved: Peter Bennetto Seconded: Patrice Newell CARRIED

3. DISCLOSURE OF INTEREST Nil. 4. PREVIOUS MINUTES

RECOMMENDATION That the minutes of the Sustainability Advisory Committee Meeting held on 15 August 2019, as circulated, be taken as read and confirmed as a correct record. Moved: Peter Bennetto Seconded: Jillian Reid CARRIED

5. BUSINESS ARISING FROM PREVIOUS MINUTES Review of Sustainability Action Plan M Pringle advised the committee that the review of the Sustainability Action Plan had not progressed due to the resignation of Melinda Hale from the position of Manager Sustainability and Environment. It was recommended that the review be placed on hold for now as it would be more appropriate to undertake a review concurrently with the preparation of the next Community Strategic Plan. P Bennetto stated that Council should be proceeding with the installation of renewable electricity generation as well-designed renewable energy production is cheaper than that supplied by the grid. The Committee would like to see Council leading the community in the installation of renewables. By now, Council should have compiled its baseline data on electricity consumption and waste generation to enable it to prioritise actions to reduce greenhouse gas emissions. M Pringle advised the Committee that Council had commissioned the University of Newcastle to undertake a feasibility study to identify integrated energy use opportunities across Council’s key


ITEM NO: C.04.1


infrastructure assets including water and sewer plants, water supply network, swimming pools and depots etc and tailoring a range of renewable energy options. As part of this project, work had already begun on compiling data on energy/electricity consumption levels for Council’s largest energy consuming activities. Whilst the Committee supported this work, it recommended that baseline data should be gathered for all of Council’s operations. As such, the following recommendation was made: RECOMMENDATION TO COUNCIL That Council compile baseline data on its existing energy consumption levels and greenhouse gas emissions to identify priority areas for greenhouse gas reductions. Moved: Patrice Newell Seconded: Cr Burns CARRIED 6. AGENDA ITEMS AGIT.02.1 Sustainable Communities - Tidy Towns Awards 2019 PURPOSE To inform the Sustainability Committee of the outcomes of the 2019 Sustainable Communities – Tidy Towns Awards M Pringle provided the Committee with an overview of the report. RECOMMENDATION That the Sustainability Advisory Committee note this report. Moved: Peter Bennetto Seconded: Troy Van-Balen CARRIED

7. ACTION SHEET See attached. 8. CORRESPONDENCE Nil. 9. GENERAL BUSINESS Presentation from Youth Council Indi Welsh from the Youth Council gave a presentation to the Committee on the Council’s environmental sustainability projects including running a competition in local schools on sustainability poster designs and song writing. RECOMMENDATION That the presentation from the Youth Council be accepted. Moved: Peter Bennetto Seconded: Jillian Reid CARRIED

Proposed Notice of Motion – Carbon Neutral by 2025 The Committee considered a proposal by Cr Abbott to submit a Notice of Motion (NOM) to the February Council meeting as follows: ‘Council commits to being carbon neutral by 2025’


ITEM NO: C.04.1


The Committee discussed the proposed NOM and unanimously supported the proposal. RECOMMENDATION That the Committee supports the proposed Notice of Motion by Cr Abbott to commit Council to being carbon neutral by 2025. Moved: Patrice Newell Seconded: Jillian Reid CARRIED Renaming of Sustainability Advisory Committee The Committee considered a proposal by Cr Abbott to rename the Sustainability Advisory Services Committee to the Net Zero Advisory Services Committee. Cr Abbott suggested that 'Sustainability' is a problematic word with no hint or thought of a goal or a target. Furthermore 'Sustainability' may even suggest continuing the 'business as usual' approach which we all know has to be abandoned if we have any chance of saving the planet for future generations. The Committee discussed the proposed renaming of the Committee, however, there was no support to change the name. Update on Sustainability Matters At the request of Cr Abbott, M Pringle provided the Committee with a verbal update on the following matters: 1. Internal audit of council's own emissions; 2. The Upper Hunter Shire Town and Village Tree Management Policy 3. The Merriwa Highway Service Station Development Application. 3. The Queensland Hunter Gas Pipeline. 4. The Draft Upper Hunter Shire Council Local Strategic Planning Statement 2019. In relation to the Queensland – Hunter Gas Pipeline project, the Committee discussed the project and raised concerns that it was in direct conflict with Council’s declaration of a climate emergency. As such, the following recommendation was made: RECOMMENDATION TO COUNCIL In view of Council’s declaration of a climate emergency, Council does not support the Queensland – Hunter Gas Pipeline project. Moved: Patrice Newell Seconded: Peter Bennetto CARRIED In relation to the Draft Upper Hunter Shire Council Local Strategic Planning Statement 2019, it was agreed that M Pringle would circulate a copy of the document to Committee members for their review and feedback. 10. NEXT MEETING To be confirmed. The meeting was declared closed at 6.30pm.




C.04.2 UPPER HUNTER LIBRARY SERVICES ADVISORY COMMITTEE


AUTHOR: Kerri Cone - Manager Community Services

RECOMMENDATION That Council

1. endorse the minutes of the Upper Hunter Library Services Advisory Committee meeting held on 11th March 2020

2. make representation to the local State Member, Michael Johnsen, in relation to the need for a sustainable state funding model for the ongoing provision of public library services.

3. Write to the Minister for the Arts and the Shadow Minister for the Arts, calling for bi-partisan support for Consumer Price Index (CPI) indexation of state funding for NSW public libraries, as well as legislation of all elements of the 2019-20 to 2022-23 NSW state funding model.

4. take a leading role in lobbying for sustainable state government funding for libraries.

5. endorse the distribution of the NSW Public Libraries Association NSW library sustainable funding advocacy information in Council libraries, as well as involvement in any actions proposed by the Association.

BACKGROUND The Upper Hunter Library Services Advisory Committee represents the interests of the broader community on library related matters, providing feedback on our five shire branches. The committee meets every second month. Council is represented on this committee by Cr Sue Abbott (Chairperson), Cr Lorna Driscoll, and Cr Ron Campbell. REPORT/PROPOSAL STATE GOVERNMENT FUNDING FOR NSW PUBLIC LIBRARIES (recommendations 2-5) from the Renew Our Libraries Phase 2 campaign The NSW Public Libraries Association has provided the following information to support the recommendations: The NSW Public Libraries Association’s 2018-19 Renew Our Libraries campaign was a spectacular success, delivering an increase of $60m in state funding for NSW public libraries over the quadrennial period 2019-20 to 2022-23. This is the largest single increase in state funding since the NSW Library Act was introduced in 1939.




This outcome was achieved as a result of the remarkable support of councils, libraries and communities across the state. Over 80% of NSW councils formally endorsed Renew Our Libraries through council resolutions. The NSW Public Libraries Association has requested the support of NSW councils in its advocacy to State Government to develop a sustainable funding model for NSW libraries. Renew Our Libraries Phase Two has recently been launched https://renewourlibraries.com.au/ Well known media and advocacy company Essential Media has been engaged to administer the campaign, the objectives of which are to: • Index the total increased state funding contribution to the Consumer Price Index

(CPI) in perpetuity. Without indexation the actual value of state funding for NSW libraries will decline over time, leaving NSW councils to either meet the shortfall or reduce services.

• Protect the new funding commitment by including all elements of the new state funding model in legislation through the Library Act and/or the Library Regulation. Currently, only the per-capita component of the funding model (increasing from $1.85 per capita to $2.85 per capita over the 4-year period 2019-20 to 2022-23) is included in library legislation, leaving 46% of the total funding for NSW libraries at risk.

Index the Funding � Protect the Funding

These two simple measures will ensure that NSW councils continue to receive a significantly increased state government contribution to the operation of public libraries across the state, which will be protected by legislation and will not be subject to cost of living attrition over time. This will also mean that the NSW Public Libraries Association, its member councils and libraries across the state can direct their funds and efforts to the ongoing support and development of high quality library services for NSW communities, rather than engaging in expensive and time consuming future funding campaigns. This is our opportunity to lock in the historic 2019 state funding increase for NSW libraries once and for all, thereby ensuring the future prosperity of the NSW public library network. Accordingly, it is recommended that Council supports the NSW Public Libraries Association by formally endorsing Phase Two of the Renew Our Libraries Campaign to secure a sustainable funding model for NSW public libraries in perpetuity. The Upper Hunter Library Services Advisory Committee has recommended that Council endorse these recommendations (2-5).

ATTACHMENTS

1 Upper Hunter Library Services Advisory Committee - 11 March 2020 - Minutes




RESOLVED That Council: 1. endorse the minutes of the Upper Hunter Library Services Advisory Committee

meeting held on 11 March 2020 2. make representation to the local State Member, Michael Johnsen, in relation to

the need for a sustainable state funding model for the ongoing provision of public library services.

3. Write to the Minister for the Arts and the Shadow Minister for the Arts, calling for bi-partisan support for Consumer Price Index (CPI) indexation of state funding for NSW public libraries, as well as legislation of all elements of the 2019-20 to 2022-23 NSW state funding model.

4. take a leading role in lobbying for sustainable state government funding for libraries.

5. endorse the distribution of the NSW Public Libraries Association NSW library sustainable funding advocacy information in Council libraries, as well as involvement in any actions proposed by the Association.

6. Make the computers and bathrooms available to the during all hours that the Merriwa Library is open to the public.

Moved: Cr S Abbott Seconded: Cr L Watts CARRIED UNANIMOUSLY

ATTACHMENT NO: 1 - UPPER HUNTER LIBRARY SERVICES ADVISORY COMMITTEE - 11 MARCH 2020 - MINUTES

ITEM NO: C.04.2


MINUTES OF THE UPPER HUNTER LIBRARY SERVICES ADVISORY COMMITTEE MEETING - WEDNESDAY 11 MARCH 2020 - 5.30pm at Scone Library

PRESENT: Cr Ron Campbell, Ms Louise Broomfield, Ms Penelope Fenley, Ms Deirdre Peebles

IN ATTENDANCE: Ms Kerri Cone (Manager Community Services), Ms Elizabeth Walter (Library Co-ordinator)

1. APOLOGIES

RECOMMENDATION

That the apologies received from Cr Sue Abbott, Cr Lorna Driscoll, Ms Jayne Cronin, Ms Carolyn O’Brien(representing the Technical Services Librarian) and Mr Mathew Pringle (Director Environmental and Community Services) be accepted. Moved Ms Deirdre Peebles Seconded: Ms Louise Broomfield CARRIED

2. DISCLOSURE OF INTEREST Nil 3. PREVIOUS MINUTES

RECOMMENDATION

That the minutes of the Upper Hunter Library Services Advisory Committee Meeting held on 14 August 2019, as circulated, be taken as read and confirmed as a correct record. Moved: Cr Ron Campbell Seconded: Ms Louise Broomfield CARRIED

4. BUSINESS ARISING FROM PREVIOUS MINUTES

a. Cancellation of meetings – where the quorum is insufficient to hold a meeting, it was requested that early notification be sent out.

b. Item 7a.150 years of Reading event. Members agreed that this event had gone well, and that Sub Committee members should receive recognition for their contributions.

c. Item 7b. Murrurundi Library – reports of the new library area and toilet have been very positive from the community and library staff.

d. Item 7 d. There was discussion in regard to the library survey results: Some concern was expressed that the Merriwa Library was not being used to its potential due to:

i. Staffing – members expected staff to be available to assist when library is open. Some community members have reported that staff have been absent, even during advertised staff hours, making it difficult to develop a reliable relationship with the library. Some members enquired about backup staff now the trainee will be leaving.

ii. Library technology is not available in unstaffed hours. This was initially due to concerns on demands on administrative staff to monitor and assist library members with technology issues.


ITEM NO: C.04.2


iii. Toilet is not open to the public in unstaffed hours. This was due to initial concerns about child protection, and that good public facilities are located next to the Bottle Museum.

RECOMMENDATION – that toilet and Computers be available during all hours library is open to the public.

Moved: Cr Ron Campbell Seconded: Ms Louise Broomfield CARRIED

iv. Saturday Morning Opening – Members felt that the survey results warranted opening on Saturday mornings say 9.30am to 11.30am. It was suggested the change would need some advertising, and would be enhanced with a planned activity to be held there on Saturdays. Staff indicated they would progress this on a trial basis to ascertain what support there actually was, as Saturdays had been poorly supported in previous years.

v. Thursday Evening opening – Members felt that Thursday evening (5pm-7pm) was not needed and suggested staffed time would be better utilised on Fridays.

vi. Increased Activities – members felt that more activities and events should be held. 5. AGENDA ITEMS

LSA.03.1 Library Co-ordinator's Report

PURPOSE The purpose of this report is to provide information and updates to the Library Services Advisory Committee for consideration. Members noted that Technology KPIs were half what had been anticipated for the year. It was felt that contributory factors included:

• Merriwa Computers not being on when Library is unstaffed. • Aberdeen & Cassilis Libraries having technology that was not working • Internet connection at Merriwa Library was not working well eg a recent “Connect” Course

run by Transcare was unable to utilise the internet as it was insufficient to accommodate a number of participants.

RECOMMENDATION

That the Committee note the report. Moved: Ms Deirdre Peebles Seconded: Ms Penelope Fenley CARRIED

ACTION FOR COMMITTEE: Nil

LSA.03.2 Technical Librarian's Report

PURPOSE The purpose of this report is to provide technical information and updates to the Library Services Advisory Committee for consideration. Collection Support for upcoming programs Members suggested that “Festival of the Fleeces”, “King of the Ranges” and “Little Sprouts” should be added to the list Review of Policies and Procedures – Members asked for links to Policies/Procedures to be made available to Committee members for review and feedback. Most are available on the uhrl.nsw.gov.au website. Staff to send copies or links. Staff from both Councils have been meeting monthly to address issues.


ITEM NO: C.04.2


RECOMMENDATION

That the Committee note the report Moved: Ms Penelope Fenley Seconded: Cr Ron Campbell CARRIED

ACTION FOR COMMITTEE: Nil

6. CORRESPONDENCE 1 November 2019 - Renew Our Libraries Funding Campaign – seeking ongoing council support for phase 2 which focuses on the future sustainability of library funding through cost of living indexation and protection via inclusion of the new funding arrangements in library legislation. The NSW Public Library Association request that all NSW councils present a report to a Council meeting seeking support for Renew Our Libraries Phase 2. The Committee considered the report and recommends as follows: RECOMMENDATION: That Council endorse the report and indicate to NSW PLA its support for Phase 2. Moved: Ms Deirdre Peebles Seconded: Ms Louise Broomfield CARRIED 7. GENERAL BUSINESS

a. Committee Meetings Members discussed the problem of not being able to hold meetings due to a range of issues. Members determined that meetings should be held quarterly rather than bi-monthly and last a maximum of two hours only. The proposed meetings for 2020 are:

• May 13th, to be held at Merriwa • August 12th, to be held at Aberdeen • November 11, to be held at Murrurundi

Video conferencing/Zoom for meetings to be investigated.

8. NEXT MEETING

• May 13th, to be held at Merriwa, dependent on COVID-19 restrictions The meeting was declared closed at 7.10pm.


SUSPENSION OF STANDING ORDER OF BUSINESS RESOLVED that Council suspend standing orders to deal with NM.04.2 Rescission Motion – Development Application No. 159/2018.

Moved: Cr J Brown Seconded: Cr R Campbell CARRIED UNANIMOUSLY


General Manager's Unit


NM.04.2 RESCISSION MOTION - DEVELOPMENT APPLICATION NO. 159/2018


AUTHOR: Councillor Ron Campbell

MOTION: The undersigned Councillors give notice that at the next ordinary meeting of Upper Hunter Shire Council, we will move and support the following rescission motion:

1. That Council note that at the 24 February 2020 ordinary meeting of the Council, the following recommendation was put and lost:

DESC.02.1 - approve Development Application No. 159/2018 for the demolition of existing structures, service station and convenience store food premises at 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 and Lot 101 DP 997957) subject to the conditions of consent in Attachment 2.

2. That the aforementioned decision be rescinded and the question be reconsidered forthwith.

Cr R Campbell Cr M Collison

Cr J Brown

RESOLVED: 1. That Council note that at the 24 February 2020 ordinary meeting of the Council, the

following recommendation was put and lost: DESC.02.1 - approve Development Application No. 159/2018 for the demolition of existing structures, service station and convenience store food premises at 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 and Lot 101 DP 997957) subject to the conditions of consent in Attachment 2.

3. That the aforementioned decision be rescinded and the question be reconsidered forthwith.

Moved: Cr R Campbell Seconded: Cr J Brown CARRIED

FOR AGAINST Councillor Brown Councillor Abbott Councillor Campbell Councillor Watts Councillor Collison Councillor Driscoll Councillor Fisher Councillor Watts Total (6) Total (2)

RESOLVED that Council resume the order of business.

Moved: Cr R Campbell Seconded: Cr M Collison CARRIED UNANIMOUSLY




DEVELOPMENT REPORTS

D.04.1 DEVELOPMENT APPLICATION NO. 159/2018 - DEMOLITION OF EXISTING STRUCTURES, SERVICE STATION AND CONVENIENCE STORE FOOD PREMISES



PURPOSE On 31 October 2018, Council received Development Application No. 159/2018 for the demolition of existing structures, service station and convenience store food premises at 136-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 and Lot 101 DP 997957). The application is being referred to Council because nine submissions have been received.

RECOMMENDATION That Council approve Development Application No. 159/2018 for the demolition of existing structures, service station and convenience store food premises at 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 and Lot 101 DP 997957) subject to the conditions of consent in Attachment 1.

BACKGROUND Applicant: Rana Petroleum Pty Ltd Owner: M A Coorey Location: 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 and Lot 101

DP 997957) Proposal: Demolition of existing structures, service station and convenience store food

premises Zone: B2 Local Centre & R1 General Residential Development Application No. 159/2018 for the demolition of existing structures and construction of service station and convenience store food premises at 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 and Lot 101 DP 997957) was lodged with Council on 31 October 2018. The development application was referred to the Development and Environmental Services Committee on 11 February 2020 which recommended approval subject to conditions of consent. However, at the 24 February 2020 Council meeting a motion to approve the Development Application was lost and the application was not determined. The reasons for Council’s decision to not approve the proposed development are summarised as follows:

• It is considered that the proposal would dominate the entrance to the Merriwa conservation area.

• The proposed site is in the vicinity of a number of heritage items that form an important precinct in the heritage conservation area of Merriwa.

• The proposal is too large and it is too high and it will create an unseemly footprint.

• The corporate colours would spoil the conservation area.




• There are already existing services in Merriwa.

• There will be an increase in noise, increase in air pollution, increase in heavy vehicle movement, questionable road worthiness of Dutton Road and then obviously increase in light pollution.

• The proposal is not considered to be in the public interest.

• It has the potential to be another stranded development consent for a service station as was mentioned in the Development & Environmental Services Committee meeting.

Section 4.16(1) of the Environmental Planning and Assessment Act 1979 requires that: the Consent Authority is to determine a development application by— (a) granting consent to the application, either unconditionally or subject to conditions, or (b) refusing consent to the application. If Council resolves to not grant consent, then there must be a resolution to refuse the development application giving the reasons for refusal. As no decision was made at the Council meeting on 24 February 2020, the report was recommitted to Council for a decision at its meeting held on 8 April 2020. At this meeting, Council resolved to defer the application and foreshadowed a rescission motion in respect of the previously lost motion for approval. Written notice of the rescission motion has been received and is the subject of a separate report to Council. REPORT/PROPOSAL The development site comprises 5 commercial allotments with a combined area of 1.08ha and a 101m frontage to Bettington Street (the plans are provided in Attachments 2 and 3). The development application proposes:

• Demolition of all existing buildings and structures on site; • Construction and use of a service station with a convenience store, food and drink

premise, and truck facilities (GFA 350m2), • Construction of two fuel canopies and bowsers, underground fuel tanks, loading bay

and service yard; • 18 car parking spaces are provided (including 1 disabled space) plus 7 heavy vehicle

parking spaces (5 B-Double spaces and 2 B-Triple parking spaces); • Construction of entry/exit driveways on Bettington Street; • Associated landscaping and site signage; and • Other minor works as illustrated on the proposed drawings included in Appendix A,

including the construction of 2.8m high acoustic barrier along the eastern and northern boundaries, 2.5m along the western boundary and 1.8m along the southern boundary (as shown in the Acoustic Assessment).

A full assessment of the development application is provided in Attachment 4. Some of the critical issues include heritage and noise. The site is within the Merriwa Conservation Area and there is a heritage item (Fitzroy Hotel) in close proximity to the site. Notwithstanding, the conservation area is not well articulated in this




precinct with an existing service station at the corner of Bettington Street and Bow Street, an Ausgrid depot/ sub-station opposite the site and a range of other buildings that have little to no heritage significance. Attachment 4 (Appendix E) provides some photographs of the existing buildings in the area. These photographs suggest there is minimal heritage significance in this part of the conservation area. Furthermore, the proposed development incorporates a range of design features and measures to mitigate its impacts on the character of the area and the streetscape including a generous front setback, extensive landscaping, a 1.25m lapped and capped timber fence along the front boundary and screen plantings. In view of the above, the proposed development, including its corporate colours, is considered to be acceptable in this location. The development has the potential to generate noise that adversely impacts on adjoining residents. The Noise Assessment demonstrates that the noise emissions from the project would satisfy the criteria at all the receivers once the recommended noise attenuation measures are implemented (as shown in Attachment 4). However, there is a degree of uncertainty over the effectiveness of these mitigation measures and as such an adaptive management approach is recommended. In this regard, if an owner of privately-owned land considers the development to be exceeding the relevant noise assessment criteria then he/she may ask the Consent Authority in writing for an independent review of the impacts of the development on his/her land. In addition, it is recommended that a condition of consent be imposed limiting the operating hours of the development to 6am to 10.00pm daily. In relation to some of the other issues raised at the February Council meeting, the fact that there are existing services already in Merriwa is not a relevant planning consideration under the Environmental Plannning and Assessment Act 1979. In any case, it is noted there are only two other fuel outlets in Merriwa. Furthermore, the claim that the proposal has the potential to be another stranded development consent for a service station is a preconception and again is not considered to be a relevant planning consideration as each development application should be considered on its own merits. With respect to the height and scale of the development, the proposal complies with the relevant height and floor scape ratio development standards prescribed by the Upper Hunter LEP 2013 and satisfies the relevant outcomes to be achieved in the Upper Hunter DCP 2015. As such, the proposal is not considered to be too large or too high. As noted in the planning assessment report provided in Attachment 4, the proposed development (as amended) will not have access to Dutton Street. OPTIONS 1. That Council approve Development Application No. 159/2018 for the demolition of existing

structures, service station and convenience store food premises at 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 Lot 101 DP 997957) subject to the conditions of consent in Attachment 1.

2. That Council refuse Development Application No. 159/2018 for the demolition of existing structures, service station and convenience store food premises at 132-140 Bettington




Street Merriwa (Lot 15 – 19 Section 11 DP 758672 Lot 101 DP 997957) stating the reasons for refusal.

CONSULTATION Surrounding properties were notified of the development proposal between 14 November 2018 to 28 November 2018. An advertisement was placed in the Hunter Valley News on 14 November 2018. Five submissions were received (copies of the submissions are provided in Attachment 5). The development application was amended on 23 September 2019 and was subsequently re-exhibited from 11 December 2019 to 17 January 2020 with an additional advertisement printed in the Hunter Valley News on 11 December 2019. Four further submissions were received in relation to potential impacts on No. 130 Bettington Street (the details of these submissions are provided in Attachment 4 & 5). The development application was also referred externally to the NSW Roads and Maritime Services and the NSW Police Force, and internally to the Heritage Advisor, Manager of Strategic Assets and Manager of Water & Sewer. The responses are provided in Attachment 4. STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: Goal 3 Protect the natural environment Goal 5 A sustainable and prosperous economy We are working to achieve the following Community Priorities:

b. Delivery Program Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible c. Other Plans Nil




IMPLICATIONS a. Policy and Procedural Implications b. Financial Implications Development Application fees of $3,867.16 have been paid. c. Legislative Implications An assessment of the development application has been undertaken pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979 (see Attachment 4). d. Risk Implications Council determinations of development applications and modifications 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 application. e. Sustainability Implications In the determination of development applications consideration needs to be given to ensuring there is a balance between environmental, economic and social outcomes.

f. Other Implications Nil CONCLUSION The application has been assessed as satisfactory against Section 4.15 of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015. 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 and for the following reasons:

• The proposal complies with the Upper Hunter Local Environmental Plan 2013 • The proposal complies with the Upper Hunter Development Control Plan 2015 • The proposal has been assessed as satisfactory against Section 4.15 of the

Environmental Planning & Assessment Act 1979 subject to conditions of consent. • Will not have an adverse impact on the surrounding locality.




ATTACHMENTS

1 DA 159/2018 – Recommended Conditions of Consent

2 DA 159/2018 - KDC - Service Station - 134-142 Bettington Street Merriwa - Amended Architectural Drawings - 22/10/19

Excluded

3 DA 159/2018 - KDC - Service Station - 134-142 Bettington Street Merriwa - Amended Landscaping plans - 23/10/19

Excluded

4 DA 159/2018 - Assessment - Section 4.15 Excluded

5 DA 159/2018 - Public Submissions - 1st Exhibition Period (2018) Excluded

6 DA 159/2018 - Public Submissions 2nd Exhibition Period (2019) Excluded

7 DA 159/2018 - Additional submissions received following the Council meeting held 24 February 2020

Excluded

RESOLVED That Council approve Development Application No. 159/2018 for the demolition of existing structures, service station and convenience store food premises at 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 and Lot 101 DP 997957) subject to the conditions of consent in Attachment 1.

Moved: Cr R Campbell Seconded: Cr M Collison CARRIED

FOR AGAINST Councillor Bedggood Councillor Abbott Councillor Brown Councillor Watts Councillor Campbell Councillor Collison Councillor Driscoll Councillor Fisher Total (6) Total (2)

ATTACHMENT NO: 1 - DA 159/2018 – RECOMMENDED CONDITIONS OF CONSENT ITEM NO: D.04.1


DA 159/2018 – Recommended Conditions of Consent

Schedule A

Deferred commencement:

In accordance with section 4.16(3) of the Act the consent will not operate until the applicant has provided information to the satisfaction of the Council that the following condition can be complied with. Upon receipt of written information from the applicant in relation to the condition in this schedule the Council will advise in writing whether the information is satisfactory and, if so, will nominate the effective date for the commencement of the consent. 1. There is a high likelihood that the development site may contain items of archaeological

significance. This consent does not operate until the applicant submits an archaeological assessment report prepared by an appropriately qualified archaeologist in accordance with Assessing Heritage

Significance and Assessing Significance of Archaeological Sites & Relics (NSW Department of

Planning, 2009).

2. This consent does not operate until soil and groundwater sampling of the site has been

undertaken by a certified contaminated land consultant in accordance with the Upper Hunter

Contaminated Land Policy 2017, to establish their baseline quality in relation to the likely contaminants

from a service station operation. A report prepared in accordance with the Guidelines for Consultants

Reporting on Contaminated Sites (NSW Office of Environment and Heritage, 2011) must be submitted

to Council.

3. This consent does not operate until the proponent submits an amended plan(s) that:

a) Deletes the proposed two “B-Triple parking” spaces and “B-Double Parking” spaces No. 6 and

No. 7 in the location shown on Site Plan (DWG. 01, Revision 11).

b) Shows that the 2.8 metre high (and 2.5 metre high western boundary) timber acoustic fences

have a minimum 2 metre setback from the boundaries with each adjoining property (with sufficient

space to facilitate maintenance and litter collection). The service station side of the fences must include

a kerb to a distance of 1.5m from the fence and landscaping.

c) Relocates the proposed driveways and makes relevant alterations to the existing road

infrastructure including the relocation of the street landscape features.

d) Extends the 2.8 metre high timber acoustic fence with a minimum setback of 2 metres from the

boundary with Lot 101 DP 997957.

e) Deletes the external doors that lead directly to the “Truckers Lounge”.

f) shows (on the landscaping plan) landscaping to the front of the 1.25 metre high lapped and

capped timber fence with plant species that grow to a maximum height of 1.5 metres and sufficient

width to provide a vegetative screen.

g) shows (on the landscaping plan) landscaping of either side of the 2.8 metre high (and 2.5 metre

high western boundary) lapped and capped timber fences with plant species that grow to a maximum

height of 1.5 metres and sufficient width to provide a vegetative screen.

h) Demonstrates that long vehicles including cars towing caravans and trailers can enter and exit

the car fueling area in a forward direction only.



In accordance with Clause 95(3) of the regulation, a twenty four (24) month period is given from

the date of the “deferred commencement” notice to lodge plans and evidence that satisfactorily

address the required details. If not, then the “deferred commencement” will lapse and a new

development application will be required.



Schedule B


1. The development being carried out in accordance with the development application and the drawings referenced below and Statement of Environmental Effects dated October 2018 (by KDC), except where amended by the following conditions.


NO REVISION

NO DRAWN BY DATE

Site Plan

Drawing 1 1 11 Brown

Commercial

Building

05.09.2019

Site Analysis Plan Drawing 2 Revision 2

2 2 Brown

Commercial

Building

22.08.2018

Building Layout Plans Drawing 3

Revision 11

3 11 Brown Commercial

Building

22.08.2018

Elevations Drawing 4

Revision 5


Building

03.06.2019

Canopy Plan Drawing 5 Revision 11


Building

22.08.2018

Demolition Plan Drawing 7 Revision 1

7 1 Brown

Commercial Building

05.09.2019

Elevations - Fencing 8 1 Brown

Commercial Building

18.01.2019

Vehicle Turning Template

9 12 Brown

Commercial

Building

05.09.2019

Landscaping Plans and documentation

1-7 B MARA Consulting 10.09.2019

(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)

General Operational Conditions:

Hours of Operation 3. The operation of the service station and retail premises shall be limited to the following hours:-

Operating hours: 6.00am to 10.00pm daily

Upon expiry of the permitted hours, all service shall immediately cease, no person shall be permitted entry and all customers on the premises shall be required to leave within the following half hour and illuminated signs are turned off. (Reason: Information to ensure that amenity of the surrounding locality is maintained and hours of operation are consistent with those in surrounding locality.) Site Management Plan 4. The development shall be carried out in accordance with the approved Site Management Plan (refer to further condition). The following shall apply: a) If from time to time, and in accordance with these conditions, the Applicant (whether of its own volition or in accordance with recommendations made pursuant to these conditions) proposes any amendments to the management plan referred to in this condition then those proposed amendments shall be submitted by the Applicant to the Council for approval. b) An amendment to a plan under condition does not take effect until: i. the Council has approved the amendments; and ii. the Applicant has made any further amendments required by the Council (acting reasonably) as a condition of approving the amendments. c) If there is any inconsistency between these conditions of consent and any of the following: i. the Statement of Environmental Effects; ii. the supporting documents; or iii. the management plans then the conditions of consent shall prevail. Noise Assessment Criteria 5. The noise generated at the premises must not exceed the noise limitations presented in Table 1 at the boundary of any residential premises: Table 1: Noise Criteria

LAeq(15min)

Period

43 dBA Day 35 dBA Evening



35 dBA Night Note: Day is: 7am to 6pm Monday to Saturday; 8am to 6pm Sundays and Public Holidays Evening is: 6pm to 10pm daily. Night is: 10pm to 7am Monday to Saturday; 10pm to 8am Sundays and Public Holidays. Independent Review 6. If an owner of privately-owned land considers the development to be exceeding the relevant noise assessment criteria then he/she may ask the Consent Authority in writing for an independent review of the impacts of the development on his/her land. If the Consent Authority is satisfied that an independent review is warranted, then within 2 months of the Consent Authority decision, the Applicant must: (a) commission a suitably qualified, experienced and independent person, whose appointment has been approved by the Consent Authority, to: a. consult with the landowner to determine his/her concerns; b. conduct monitoring to determine whether the development is complying with the relevant criteria in Table 1 and; c. if the development is not complying with these criteria, then identify measures that could be implemented to ensure compliance with the relevant criteria; and (b) give the Consent Authority and landowner a copy of the independent review; and (c) comply with any written requests made by the Consent Authority to implement any findings of the review. (Reason: To ensure the development is complying with relevant standards, performance measures and statutory requirements.)

Operational conditions imposed under the Environmental Planning And Assessment Act and regulations and other relevant legislation:

7. All building work must be carried out in accordance with the provisions of the National Construction Code Series. (Reason: Prescribed by legislation)

Conditions to be complied with prior to the issue of the construction certificate:

Excavation Permit 8. Prior to the issue of any Construction Certificate the person acting on this consent must submit to the Consent Authority, either: a) the Excavation Permit issued pursuant to Section 140 of the Heritage Act 1977, or b) evidence of an exception to the requirement for an Excavation Permit pursuant to Section 139(4) of the Heritage Act 1977. (Reason: To ensure appropriate consideration has been given to the likely occurrence of items of archaeological significance.)

Dilapidation Reports

9. Prior to commencement of any demolition work the person acting on this consent shall

commission a suitability qualified person, whose appointment has been approved by Council, to inspect



and report on the condition of buildings on Lot 111 DP 227215 (No. 130 Bettington Street), Lot 112 DP

227215 (No. 49 Blaxland Street), Lot 27 DP 1071809 (No. 51 Blaxland Street), Lot 1 DP 784058 (No.

53 Blaxland Street) and Lot 1 DP 85905 (No. 142-146 Bettington Street) (subject to the owner of that

lot agreeing to that inspection).

The report must:

a) Identify the current condition of the buildings on the land

b) If appropriate, recommend measures that could be implemented by the owner of that lot, to

minimise the impacts of the demolition and/or construction on the buildings located on the lot; and

c) Recommend measures that could be taken by the person acting on the consent to minimise the

impacts of demolition and/or construction that could be undertaken.

A copy of this report shall be provided to Council and the landowner prior to the commencement of

demolition works. The person acting on the consent must implement any of the measures referred to in

part (c) as the Council requires, subject to the applicant obtaining the consent of the relevant

landowners for any measures that require that owner’s consent (Note: development consent may also

be required for such measures).

(Reason: To ensure demolition and/or construction do not have an impact on the structure of the

buildings adjoining properties.)

Construction Environmental Management Plan 10. Prior to the issue of any Construction Certificate, a Construction Environmental Management

Plan (CEMP) for the development must be provided to the Certifying Authority for approval for each

stage (or combined). The CEMP must include:

a) The CEMP must include management strategies for the potential risks to on-site workers and

visitors, off-site receptors, and the environment from the contamination identified in the updated Site

Investigation (if applicable).

b) The environmental site management measures must remain in place and be maintained

throughout the period of the development.

c) The CEMP must address all environmental aspects of the development’s construction phases,

and include where relevant, but not be limited to, the following:

i. Asbestos Management Plan

ii. Project Contact Information

iii. Site Security Details

iv. Timing and Sequencing Information

v. Site Soil and Water Management Plan

vi. Noise and Vibration Control Plan

vii. Air quality monitoring and management

viii. Health and Safety Plan

ix. Incident Management Contingency

x. Unexpected Finds Protocol

d) The CEMP must be kept on site from the commencement and for the duration of the proposed

works, and must be available to Council officers upon request.

e) The CEMP provided to Council must exempt Council from any claim for copyright that may restrict Council’s ability to provide information to the public in accordance with the Government Information

(Public Access) Act 2009.

(Reason: To ensure appropriate measures have been considered for site access, storage and the operation of the site during all phases of the construction process in a manner that respects adjoining



owner’s property rights and residential amenity in the locality, without unreasonable inconvenience to the community) Waste Management Plan 11. Prior to the issue of any Construction Certificate the person acting on this consent shall submit a Waste Management Plan to the Certifying Authority for approval. The Waste Management Plan shall include details of the handling of waste materials generated from any demolition works, construction and on-going operation regarding: • the location of waste management facilities proposed both during demolition and construction. • volume and type of waste and recyclables to be generated • storage and treatment of waste and recyclables on site • disposal of residual waste and recyclables (Reason: To waste generated from the development is stored and disposed of in a way that does not impact on the environment.) Sewer Main Relocation 12. The Council sewer main located within 136-140 Bettington Street (Lots 15, 16, 17, 18 & 19 Section 11 DP 758672) shall be relocated in accordance with the requirements of the Council’s Infrastructure Services Department. The applicant shall liaise with Council’s Manager of Water and Sewer regarding the submission of design and construction details for all works associated with the sewer main extension. The work shall comply with AS/NZS 3500, Plumbing and Drainage Standards, and Council’s Engineering Guidelines for Subdivision and Development. All required works shall be undertaken at full cost to the applicant. Plans and design details demonstrating compliance with the requirements of the Infrastructure Services Department shall be submitted to, and approved by the Certifying Authority prior to the issue of any Construction Certificate for Stage 2. Note: Approval under Section 68 of the Local Government Act 1993 is required for any works to carry out sewerage work. (Reason: To ensure satisfactory arrangements are in place for the disposal of sewage.)

Stormwater 13. The stormwater system shall be constructed to an appropriate standard in compliance with the Council’s Engineering Guidelines for Subdivisions and Developments. Detailed engineering drawings of the proposed stormwater drainage system for each stage of the development including the detention basin/tanks shall be submitted to and approved by the Certifying Authority prior to the release of any Construction Certificate. (Reason: To ensure adequate provision is made for stormwater drainage from the site in a proper manner that protects adjoining properties and public infrastructure)

Headlight Sweep 14. Prior to the issue of any Construction Certificate appropriate and reasonable treatments shall be made to No. 173 Bettington Street (subject to the consent of the land owners) to include landscaping, visual screening and/or modifications to the doors/windows such as to mitigate the impacts of headlight sweep.



(Reason: To mitigate the adverse impacts of light sweep from vehicles exiting the site onto public roads.) Section 94A Contributions 15. Prior to the issue of any Construction Certificate for Stage 1, 2 and 3, pursuant to Upper Hunter Shire Council Section 94A Development Contribution Plan 2008, a contribution of $33,630 is required to be paid to Council. 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. (Reason: To ensure that the proposed development makes an appropriate contribution to facilities in the Upper Hunter Local Government Area) Trade Waste Agreement 16. The Owner of the property shall enter into a trade waste agreement with Upper Hunter Shire for the disposal of all trade waste generated by the development. Documentary evidence demonstrating compliance with this condition shall be submitted to and approved by the Principal Certifier prior to the release of the Construction Certificate. Note: This includes food premises which will require a grease trap or a grease arrestor. (Reason: To protect the environment from contamination) Cleanliness and maintenance of food preparation areas

17. To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas, all building work in connection with the occupation or use of the premises for the preparation and storage of food shall be designed and carried out in accordance with the requirements of:

(a) The Food Act (as amended) (b) The Food Regulation (as in force); (c) AS4674 (Design, Construction and Fit-Out of Food Premises); (d) The Clean Air (Plant and Equipment) Regulation; (e) AS 1668 Part 2; (f) The Protection of the Environment Operations Act; and (g) The National Construction Code Series;

The relevant matters to be taken into account under this approval relate to:

i. construction, materials and finishes; ii. installation of fixtures, fittings and equipment; iii. washing facilities, other facilities and special requirements; iv. mechanical ventilation and exhaust discharges; and v. temperature control

Detailed plans and specification of work demonstrating that these design requirements have been met

shall be submitted to and approved by the Principal Certifier prior to the release of the Construction

Certificate.

(Reason: To ensure compliance with acceptable standards for the construction of food premises

established under environmental health and safety legislation)

Asbestos & hazardous material survey (high hazard)



18. Prior to the demolition of the existing buildings (or part of a building) on the site: (a) a report prepared by an appropriately qualified person (such as an Occupational Hygienist or Environmental Consultant) must be submitted to the Principal Certifier, with the Construction Certificate application, detailing whether any asbestos or hazardous materials exist on the site that are affected by the proposed building works and if they exist on site their location and quantity. Hazardous materials include but shall not be limited to lead in paints, ceiling dust, glass fiber insulation and asbestos based products). Note: If no hazardous materials are identified, the demolition may proceed in accordance with AS2601 and the following conditions, including dust control and WorkCover requirements. (b) should any hazardous materials be identified as per item (a), a Work Plan shall be submitted to the Principal Certifier with the Construction Certificate application and set out in accordance with AS2601 – Demolition of Buildings. The report shall contain details regarding: i. The type of hazardous material; ii. (ii) The level or measurement of the hazardous material in comparison to National Guidelines; iii. Proposed methods of containment; and iv. Proposed methods of disposal. v. Details of signage to be provided on the site to comply with the provisions of the Occupational Health and Safety Regulation 2001, to ensure persons are warned, by the use of signs, labels or other similar measures, of the presence of asbestos or asbestos-containing material in a place at which construction work is being carried out. (c) where unacceptably high levels of lead are found in a premises to be demolished soil samples from site are to be tested by a NATA Registered laboratory before and after demolition and submitted to Council. This will determine whether remediation of the site is necessary. (d) the demolition must be undertaken in accordance with AS2601. (e) any works involving asbestos based products must be undertaken in accordance with the requirements of the WorkCover Authority in relation to removal, handling and disposing of material, and the Work Safe Australia Asbestos Code of Practice. (Refer to the information publications provided in your approvals package for more specific information) (f) all work involving lead removal must not cause lead contamination of air or ground, and the Work Plan submitted to comply with item (b) must comply with the requirements of AS 4361.2-1998 : Guide to lead paint management - Residential and commercial buildings. Particular attention must be given to the control of dust levels on the site. Details demonstrating compliance with these requirements shall be submitted to, and approved by the Principal Certifier prior to the release of the Construction Certificate. Notes: i. Further details regarding requirements for removal of hazardous materials can be obtained from the WorkCover website or at www.lead.org.au. ii. Failure to comply with legislative requirements relating to the removal or handling of hazardous materials is likely to result in enforcement action, including fines or prosecution without prior warnings. (Reason: To ensure the long term health of workers on site and occupants of the building is not put at risk unnecessarily) Lighting Plan



19. Prior to the issue of any Construction Certificate a lighting plan must be submitted to the

Certifying Authority for approval. The plans must show and include specifications that:

a) lighting is provided to pedestrian paths, side and rear laneways and building entries, that ensures a clear line of site along pedestrian routes and that does not adversely affect the residential amenity of neighbours. b) Lighting fixtures are of low energy design, integrated in the building walls, and readily maintained by the owner. Sensor spotlights are not to be used for the lighting of pedestrian areas. c) Demonstrated compliance with Australian Standard 4282-1997 - Control of the obtrusive effects of outdoor lighting and AS/NZS1158 Lighting for roads and public spaces

d) illuminated signs are fitted with devices that allows the level of illumination to be adjusted. (Reason: To ensure there is adequate lighting for the safety of users which does not adversely impact on the amenity of adjoin residents.) Water and Sewer Contributions 20. A contribution pursuant to the provisions Section 64 of the Local Government Act, 1993 as specified hereunder for the services detailed shall be made to Council.

Contribution type Total

Water $53,097.55

Sewerage $26,157.60

Total contribution $79,255.15

Note: Contributions have been calculated in accordance with the Upper Hunter Shire Council Development Servicing Plan for Water Supply and Sewerage 2016 and the Section 64 Determinations of Equivalent Tenements Guidelines (NSW Water Directorate 2017). 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 for each stage of the development, where applicable. The level of contributions shall be in accordance with Council’s Fees and Charges at the time of payment. (Reason: To retain a level of service for the existing population and to provide the same level of service to the population resulting from new development)

Conditions that must be addressed prior to commencement:

Acoustic Barrier 21. The acoustic barrier must be fully constructed and operational prior to the commencement of any other work on the site. (Reason: To ensure the noise from the site work does not impact on adjoining residents.) Erosion and Sediment Control



22. All 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 in accordance with Soils and Construction: Managing Urban Stormwater (‘the Blue Book’) until the site is stabilised and landscaped. 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) Site Facilities 23. 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) Site Works/Construction Signage 24. 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)

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

Construction Hours 25. 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) Demolition 26. Any person acting on this consent must ensure that:- (a) Demolition must be carried out in accordance with AS 2601–1991, Demolition of structures. (b) Demolition materials must not be burnt or buried on the work site. (c) A person having the benefit of this certificate must ensure that all vehicles leaving the work site carrying demolition materials have their loads covered and do not track soil or waste material onto the road. (d) If demolition work obstruct or inconvenience pedestrians or vehicular traffic on an adjoining public road or reserve, a separate application must be made to council to enclose the public place with a hoarding or fence. (e) Erosion and sediment controls must be provided in accordance with the details shown on the approved plans, prior to the disturbance of any soil on the work site and must be maintained in a functional condition throughout the construction activities until the site is stabilised. (f) The work site must be left free of waste and debris when work has been completed. (Reason: To ensure that work is undertaken in a professional and responsible manner and to protect adjoining property and persons from potential damage) Dust Management

27. The demolition and construction shall be carried out in a manner that minimises dust generation from the site, including wind-blown and traffic-generated dust as far as practicable. All project related activities on the site shall be undertaken with the objective of minimising visible emissions of dust from the site. All vehicles leaving the site must have the loads covered such as to prevent dust emissions.

Should visible dust emissions attributable to the demolition and construction occur, the development

person acting on the consent shall identify and implement all practical dust mitigation measures,

including the cessation of demolition and construction activities, as appropriate, such that emissions of

dust are minimised.



(Reason: To ensure the development operations does not cause excessive dust.)

Aboriginal Artefacts 28. In the event that any artefacts of cultural heritage significance are unearthed outside or within the immediate areas during construction, site works must cease and the NSW Office of Environment and Heritage (OEH) EnviroLine (phone 131 555), must be informed immediately. The site is to be recorded and management strategies put in place for protection before any further work can commence in the area. (Reason: To ensure that measures are in the event that items of Aboriginal cultural significance are

unearthed.) be complied with prior to the issue of any occupation certificate:

Conditions which must be complied with prior to the issue of any occupation certificate:

Consolidation of Lots 29. Lots 15, 16, 17, 18 & 19 Section 11 DP 758672 shall be consolidated to create a single title. Prior to the issue of any Occupation Certificate the registered plan of consolidation must be submitted to the Certifying Authority. (Reason: To facilitate the management of the land.)

Final Excavation Report

30. Prior to the issues of any Occupation Certificate the person acting on this consent must submit a

Final Excavation Report that demonstrates compliance with the conditions of the Excavation Permit.

Note: this condition applies where an Excavation Permit has been issued pursuant to Section 140 of the Heritage Act 1977.

(Reason: To ensure the excavation work has been carried out in accordance with the conditions of

the Excavation Permit.)

Vehicular Access

31. Prior to the issue of any Occupation Certificate the access driveways to the proposed

development shall be constructed in accordance with Council’s standard vehicle layback (commercial)

specifications (as detailed on Council’s Standard Drawing No. SVL-001 (as amended)).

Note: approval under Section 138 of the Roads Act 1993 is required prior to the commencement

of any works within the road reserve.

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

Footpath/Cycleway

32. Prior to any Occupation Certificate for Stages 1 and 2 the concrete footpath/cycleway shall be constructed in accordance with the approved plans and Council’s Engineering Guidelines for Subdivision and Development. (Reason: To facilitate safe and efficient pedestrian access to the site.) Car Parking



33. Prior to the issue of any Occupation Certificate for each stage of the development all off-street car-parking spaces shall be constructed, line marked and signposted in accordance with the approved development plans, appropriate Australian Standards and industry best practice. The pavement of the access ways and parking areas is to be designed to tolerate loads of the heaviest vehicle to access and use the site. (Reason: To ensure ongoing compliance with this development consent and Australian Standards relating to manoeuvring and access of vehicles) Parking Signs

34. All vehicle that use the site must turn off engines immediately upon parking. Prior to the issue of any Occupation Certificate signage advising “Idle free zone – Please Turn Engine off” must be installed in both the truck parking area and light vehicle parking area in locations and at sufficient frequency such that they are visible to vehicle operators at the time of parking. (Reason: to minimise the generation of noise and exhaust fumes from the site.)

Bicycle Parking Facilities

35. Prior to the issue of any Occupation Certificate for Stages 1, 2 and 3 bicycle parking facilities must be provided to the parking space fronting elevation of each retail building in accordance with AS 2890.3: 1993 Bicycle Parking Facilities. (Reason: To ensure provision is made for on-site bicycle parking.)

Operation of Mechanical Plant 36. All sound producing plant, equipment, machinery, fittings, ducting, refrigeration systems associated with the development, shall be sound insulated and/or isolated so that the noise emitted does not exceed 5dB(A) above the background level in any octave band from 63.0 HZ centre frequencies inclusive, and not more than 5 dB(A) above the background level (LA90) during the day when measured at the nearest affected residence. For assessment purposes, the above LAeq sound levels are to be adjusted in accordance with EPA guidelines for tonality, frequency weighting, and impulsive characteristics where necessary, at any time the plant is in operation, at the boundary of the site. Note: The method of measurement of sound shall be carried out in accordance with Australian Standard 1055.1 - 1989. A report and certification prepared by an appropriately qualified or accredited person shall be submitted to the Certifying Authority demonstrating compliance with this condition prior to the issuing of any Occupation Certificate for Stage 1, Stage 2 and Stage 3. (Reason: To ensure that noise generated from the development does not result in offensive noise to any other party) Stormwater 37. Prior to the issue of any Occupation Certificate the stormwater system must be constructed and operational in accordance with the approved plans. An appropriately qualified and practising Civil Engineer shall provide signed Works-as-Executed drawings and certification to the Certifying Authority that the stormwater drainage system has been constructed in accordance with this consent and the provisions of AS3500. (Reason: To ensure there is adequate stormwater drainage in place for the development.)



Sewer Main Relocation 38. Certified Works-as-Executed drawings accompanied by written confirmation from Upper Hunter

Shire Council Instructure Services Department that the sewer main relocation has been completed shall

be submitted to, and approved by the Certifying Authority prior to the issue of any Occupation

Certificate.

(Reason: To ensure appropriate sewer infrastructure is available to the allotments.) Civil Engineering Drawings

39. Prior to the issue of any Occupation Certificate for each stage of the development, the applicant

shall submit to Council one set of electronic files in both Portable Document Format (.pdf) and in CAD

Drawing (.dwg) format (MGA co-ordinates), with each of the services on a separate and one set of

paper copies of the works as executed plans for the infrastructure that will be dedicated to Council

which include roads alterations, footpath/cycleway and sewer.

Each sheet is to include a bar scale or scales adjacent to the title block showing the scale (the works

as executed plan is to be scaled at 1:500) and each sheet is to be properly signed and dated by the

person responsible for the carrying out of those works. Further, the works are to comply with Upper

Hunter Shire Council’s Engineering Guidelines for Subdivision and Development.

NOTE: The provision of a table on the works as executed plan which details: the distance from the

centre of the downstream manhole to each sideline, house connection, and dead end; the depths to

invert; and the length of such sidelines.

(Reason: So that Council may ensure that the construction is in accordance with Council's

requirements, and so that a permanent record of the design as constructed may be held by Council, to

assist in future maintenance, or for the information of the emergency services.)

Operational Environmental Management Plan 40. Prior to the issue of any Occupation Certificate the person acting on this consent shall submit an Operational Environmental Management Plan (OEMP) to the Consent Authority (Upper Hunter Shire Council) for approval. Note: Council may require the applicant/person acting on the consent to amend the plans prior to any such approval. The OEMP shall: a) Provide the strategic framework for environmental management of the service station. b) Identify all statutory approvals that apply to the operation of the service station. c) Identify how the service station satisfies Environmental Actions for Service Stations: Information Sheet 3 – Forecourt Design, Operation and Maintenance and any other relevant guidelines, industry codes of practice or Australian Standards. d) Describe the role, responsibility, authority and accountability of all key personnel involved in the environmental management of the service station. e) Provide an inspection and maintenance schedule of: stormwater drainage, grates, spill capture tank, litter and grounds, signage and electrical controls. f) Provide a methods statement for the inspections and maintenance (including details of the frequency of such inspections and maintenance). g) Include the pro-forma sheets for record-keeping of inspections and maintenance (Note: Records must be maintained for the inspection and maintenance program and must be available for inspection by the consent authority or appropriate regulatory authority). (Reason: To ensure adequate systems are in place to protect the environment.)



Site Management Plan

41. Prior to the issue of any Occupation Certificate the person acting on this consent must submit a Site Management Plan to the Certifying Authority. The Site Management Plan must include a copy of the Notice of Determination and consent conditions and address the following previsions for: a) cleaning and picking up litter from the fast food outlet outside the perimeter of the development

site, on nearby footpaths and roads.

b) removal of graffiti within 24-48 hours

c) repair and maintenance of signage

d) repair and maintenance of buildings and other structures

e) maintenance of landscaping to ensure passive surveillance

Redundant vehicle crossings 42. Where a redundant layback will occur at the frontage of the property, a new concrete kerb and gutter must be constructed to replace the redundant layback prior to the issue of any Occupation Certificate. (Reason: To enhance the streetscape.) Mechanical exhaust ventilation 43. The mechanical exhaust system shall be installed in accordance with AS1668, and be operated in such a way so as to minimise/prevent the creation of odours, fumes and excessive noise which may adversely affect the amenity, or interfere unreasonably with the comfort or repose of occupants of the building and adjoining premises. Certification, from an appropriately qualified and practising Mechanical Engineer, is to be submitted to the Principal Certifier, detailing that the exhaust ventilation system has been installed in accordance with AS1668, prior to completion and the issuing of any Occupation Certificate. (Reason: To ensure compliance with acceptable standards for the construction and operation of mechanical plant) Disposal information 44. Upon completion of works and prior to the issue of any Occupation Certificate the person entitled to act on this consent shall provide to Council the following information; (a) the total tonnage of all waste and excavated material disposed of from the site; (b) the disposal points and methods used; and (c) a copy of all disposal receipts is to be provided (Reason: To ensure responsible disposal of waste material.) Site Management Plan 45. Prior to the issue of any Occupation Certificate the person acting on this consent must submit a Site Management Plan to the Certifying Authority. The Site Management Plan must include a copy of the Notice of Determination and consent conditions and address the following provisions for: a) cleaning and picking up litter from the fast food outlet outside the perimeter of the development site, on nearby footpaths and roads.



b) removal of graffiti within 24-48 hours c) repair and maintenance of signage d) repair and maintenance of buildings and other structures e) maintenance of landscaping to ensure passive surveillance f) maintenance/cleaning of the area between the acoustic barrier and the property boundaries g) cleaning and maintaining gross pollutant devices (Reason: To ensure provision is made to ensure space management.)

Conditions that must be complied with at all times:

Vehicle Speeds

46. At all times vehicle speed within the site shall be limited to 10km/hr. Standard “10km/hr” signage shall be installed and maintained at all entrances and within each of the internal movement areas. (Reason: To minimise the noise generated by vehicle movement and ensure pedestrian safety.)

Lighting

47. At all times the illumination of the external signs shall comply with AS4282-1997 Control of the obtrusive effects of outdoor lighting and must be fitted with a device that can control the level of illumination. (Reason: To ensure the illumination does not cause unacceptable glare that impacts on the amenity of nearby residents.)

Loading within site

48. At all times all loading and unloading operations shall be carried out wholly within the confines of

the site and within loading bays designated on the approved plans.

(Reason: To ensure that deliveries can occur safely within the site and does not adversely affect

traffic or pedestrian amenity.)

Landscaping

49. At all times the landscaped area of the development is to be maintained at all times in

accordance with the approved landscape plan.

(Reason: To ensure the visual amenity of the streetscape is maintained.)

Special conditions relating to crime prevention:

Surveillance 50. Surveillance equipment (CCTV) shall be provided to enhance the physical security of the business’s and assist with the identification of people involved in anti-social or criminal behaviour. The following must be applied:

a) Cameras installed in and around the business to maximise surveillance opportunities. b) Cameras monitoring the cashier’s area, high cost merchandise areas with poor natural supervision and entry/exit doors. c) Video monitors enabling staff to monitor activities on the camera. d) Recording equipment is installed away from the counter area such as to avoid tampering. e) CCTV footage kept for a minimum of 21 days. f) Appropriate warning signs displayed advising patrons of CCTV in use.



g) Store windows not obstructed with merchandise that may hinder passive surveillance into or out of the buildings. Documentary evidence demonstrating compliance with the above requirements shall be submitted to the Certifying Authority prior to the issue of any Occupation Certificate. (Reason: To ensure appropriate surveillance measures are in place to deter crime and anti-social behaviour.) Lighting 51. At all times all lighting to the internal roads, car park and pedestrian movement areas shall comply with AS/NZS1158 Lighting for roads and public spaces. (Reason: To ensure an effective level of lighting to facilitate passive surveillance of the outdoor publicly accessible spaces.) 52. At all times security sensor lighting must be installed and operational to areas within the site that are not in use between evening and day times hours. (Reason: To ensure there is adequate and effective surveillance of all areas.) Landscaping 53. At all times mature vegetation should allow clear sightlines to allow people to see and be seen. (Reason: To ensure landscaping allows effective passive surveillance within the site.) Access Control 54. The following must be applied: a) The main entry/exit points for this development be fitted with single cylinder locksets (AS/NZS – lock sets), which comply with the Building Code of Australia. b) The windows be fitted with key operated locksets to restrict unauthorised access to the buildings. c) Counters of retail premises be designed to reduce the opportunity for assault of staff and unauthorised access to behind counter areas. d) A monitored intruder alarm system be installed and a duress facility be incorporated into the system to enable staff to active the alarm system manually in the event of an emergency or robbery. e) For highway service centre staff: be able to control the main customer entry/exit point from behind the service counter so that they can control customer entry within the later hours of trading. f) For businesses handling cash, a safe designed and installed to the Australian Standards could be used to provide additional security to money and other valuables. A drop safe for use in the 24 hour highway service centre to ensure a minimum amount of money is kept in the cash register. Documentary evidence demonstrating compliance with the above requirements shall be submitted to the Certifying Authority prior to the issue of any Occupation Certificate. Territorial Reinforcement 56. Prior to the issue of any Occupation Certificate the counter area shall be a secured lockable area, fitted with anti-jump barriers to restrict persons from jumping the counter or having unauthorised access to behind the counter. Documentary evidence demonstrating compliance with the above requirements shall be submitted to the Certifying Authority prior to the issue of any Occupation Certificate.



(Reason: To ensure the safety and security of highway service centre staff.)

NSW Roads and Maritime Services:

57. As road works are required on The Golden Highway, the person acting on the consent must enter

into a Works-Authorisation Deed (WAD) with Roads and Maritime. Roads and Maritime would exercise

its powers and functions of the road authority, to undertake road works in accordance with Sections 64, 71, 72 and 73 of the Roads Act 1993, as applicable, for all works under the WAD (Attachment A).

All road works under the WAD shall be completed prior to issuing any Occupation Certificate for the development. Note: The Conditions of Consent do not guarantee Roads and Maritime’s final consent to the specific road work, traffic control facilities and other structures or works, for which it is responsible, on the road network. Roads and Maritime must provide a final consent for each specific change to the classified (State) road network prior to the commencement of any work. Note: The WAD process, including acceptance of design documentation and construction, can take time. The developer should be aware of this and allow sufficient lead time within the project development program to accommodate this process. It is therefore suggested that the developer work through this process as soon as possible with the Roads and Maritime.



Attachment A:


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GENERAL ADMINISTRATION REPORTS

G.04.1 PURCHASE OF 167 KELLY STREET, SCONE


AUTHOR: Kristian Enevoldson - Director Corporate Services

PURPOSE The purpose of this report is to provide background information in relation to the purchase of 167 Kelly St Scone (known as “Campbell’s Corner”) and to classify the land as operational as required by the NSW Local Government Act.


1. note the information contained in the report in relation to 167 Kelly St Scone 2. authorise the placement of an advertisement indicating Council’s intention that the

land will be classified as Operational Land in accordance with the provisions of the Local Government Act 1993. Subject to no objections being received within the 28-day statutory period, 167 Kelly St Scone (Part 1 & 2 in SP32887) will be classified as Operational Land.

BACKGROUND Occupying a prominent position in the main commercial centre of Scone, Campbell’s Corner was originally constructed in 1928 as the fourth Campbell’s Corner department store. It has considerable architectural and cultural significance for the township of Scone. Council commenced negotiations for the purchase in early 2018 and concluded with a final agreed sale price of $3m. Contracts were exchanged in December 2019, with final settlement taking place on 13th March 2020. REPORT/PROPOSAL Campbell’s Corner is listed as a heritage item of local significance under the Upper Hunter Local Environment Plan 2013. The total lettable area of the building is 2,680m2 with a total land area of 4,876m2. The building currently has 11 lettable spaces, of which there are currently 4 vacancies. In addition, there is a large open vacant space on the first floor of approximately 743m2, which is ideally suited to a community or cultural facility such as a library. The concept of a Library, Community and Cultural precinct would still allow for a commercial occupancy of around 75% of the useable space and would attract a significant amount of passing traffic to benefit existing and future businesses. As part of the due diligence process KPMG/SAG were engaged to conduct a comprehensive technical due diligence report. A summary of this report is attached. This provides information on:

• Building structure and fabric

• Mechanical Services

• Electrical Service

• Fire Protection Services


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• Hydraulic Services

• Vertical Transportation (lifts)

• Building Compliance

• Environmental and Hazardous Materials assessment

The report indicates rectification costs of around $1.7m to be staged over 10 years. With the building now secured, planning can commence for the development of the new library and cultural space (for which Council will be seeking grant funding) and building rectification works. OPTIONS Council could not opt to not classify 167 Kelly St as operational land however this would be inconsistent with the commercial usage of the building. CONSULTATION The consultation process is described in the attached Capital Expenditure Review Report (pg10). STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows:

COMMUNITY LIFE Goal 1 A supported Community

CS1 Advocate for, develop and implement programs, services and facilities for our ageing Community.

Goal 2 Promote wellbeing and a connected, healthy and happy Community CS2 Support existing education facilities and enhance learning opportunities

ECONOMY AND INFRASTRUCTURE Goal 5 A sustainable and prosperous economy

CS19 Encourage retail and commercial business to locate and prosper within or adjacent to town centres

CS21 Facilitate and provide access to a range of local educational and training opportunities that complements the economy

CS22 Provide attractive and functional town centres and support revitalization of the towns and villages including investment in built heritage and decaying buildings.

Goal 6 Increase, enhance and maintain civil infrastructure, Community assets and open spaces to meet the needs of current and future generations. CS24 Provide for replacement. Improvement and additional Community and open

space infrastructure through investment, best practice and risk management We are working to achieve the following Community Priorities:


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b. Delivery Program The links to the Delivery Program are as follows:

• By supporting children, young people, individuals and families so they can enhance their independence

• Build strong communities and social capital, undertaking community development, so that communities are well informed, resourceful, connected, trusting, respectful and participatory.

• New youth initiatives and encourage self-driven activities for young people • By promoting, facilitating and encouraging access and use of information technology

for the community • An effectively managed and monitored Council property portfolio • Asset refurbishment of facilities to ensure they meet requirements of Community. • By providing educational, recreational and sporting opportunities for residents and

visitors. • By ensuring that Upper Hunter Shire residents and visitors have the opportunity to

participate in a diverse range of passive recreational pursuits. • By providing an effective accessible library service for recreational and informational

need of the residents •

c. Other Plans N/A IMPLICATIONS a. Policy and Procedural Implications N/A b. Financial Implications Based on the financial modelling, the on-going debt service and operation costs of the building will have minimal financial impact on Council due to the rental income stream. However, to


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achieve this the current vacant spaces need to be tenanted. The 10 year projected cash flow in included in the attached Capital Expenditure Review Report. Once the new library is operational there will be a savings from Council no longer having to pay rental on the current Scone Library facility. Due to the current Covid19 situation Council may experience a reduction in rental income. The Federal Government has recently issued guidelines for landlords and tenants to negotiate temporary adjustments to their rental obligations. This process is still being worked through at the time of this report. c. Legislative Implications

In accordance with Section 31 of the NSW Local Government Act, before a council acquires land, or within 3 months after it acquires land, a council may resolve that the land be classified as community land or operational land. Failure to classify land within this timeframe will result in a default classification of community land. A Capital Expenditure Review (attached) was submitted to the NSW Office of Local Government and per the OLG Capital Expenditure Review Guidelines.

d. Risk Implications The main risks of the project are firstly that the building rectification costs are greater than expected, and secondly the inability to secure new tenancies in the vacant commercial areas of the building. e. Sustainability Implications In terms of financial sustainability, the property provides a strong potential rental stream that will go towards servicing the loans and outgoings. As part of the restoration process Council will be looking at measures to reduce energy consumption, such as the installation of solar panels. Council is currently investigating the installation of an electric vehicle charging station in the car park at the rear of the building. This should encourage a greater usage of electric vehicles in the Shire and encourage travelers with EVs to exit the by-pass and stop in Scone to re-charge their vehicles and spend money in local businesses.

f. Other Implications The restoration of Campbell’s Corner and subsequent development of the new cultural space will complement the Scone Revitalisation Project and assist in creating a vibrant and engaging town centre. CONCLUSION The purchase of Campbell’s Corner presents a challenging and exciting opportunity for Council and the community. The gradual restoration of the building fabric will help enhance and preserve the built heritage of Scone, whist the new library and cultural space will provide significant social, recreational and educational benefits to the community.

ATTACHMENTS

1 Campbells Corner Technical Due Dilligence

2 Campbells Corner Capital Expenditre Review


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1. note the information contained in the report in relation to 167 Kelly St Scone 2. authorise the placement of a notice indicating Council’s intention that the land

will be classified as Operational Land in accordance with the provisions of the Local Government Act 1993. Subject to no objections being received within the 28-day statutory period, 167 Kelly St Scone (Part 1 & 2 in SP32887) will be classified as Operational Land.

Moved: Cr J Brown Seconded: Cr K Fisher CARRIED UNANIMOUSLY

ATTACHMENT NO: 1 - CAMPBELLS CORNER TECHNICAL DUE DILLIGENCE ITEM NO: G.04.1














ATTACHMENT NO: 2 - CAMPBELLS CORNER CAPITAL EXPENDITRE REVIEW ITEM NO: G.04.1



























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G.04.2 DRAFT DELIVERY PROGRAM 2017/2018 - 2020/2021 AND OPERATIONAL PLAN 2020/2021


AUTHOR: Melinda Curtis - Corporate Planner

PURPOSE Council is required to adopt a draft Delivery Program & Operational Plan which is then placed on public exhibition for a minimum of 28 days. Council then considers submissions prior to adopting the final version at its June meeting.


1. Endorse the draft Delivery Program 2017/2018-2020/2021 & Operational Plan 2020/2021 and place on exhibition for a period of not less than 28 days, commencing on Wednesday 29 April 2020 and closing on Thursday 28 May 2020.

2. Engage with the community prior to finalising the draft Delivery Program 2017/2018-2020/2021 & Operational Plan 2020/2021.

BACKGROUND Council is required to undertake its Integrated Planning and Reporting activities in accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005. A requirement under this framework is the production of a Delivery Program every four years and an Operational Plan annually. The Delivery Program is required to be adopted by 30 June in the year following a local council election, and essentially spells out what the new Council expects to deliver in its four year term. If the Plan is amended during this period, then the revised document will be placed on public exhibition. The annual Operational Plan includes the following elements:

• It is prepared as a sub-plan of the four-year Delivery Program. • It directly addresses the actions outlined in the Delivery Program and identify projects,

programs or activities that the council will undertake within the financial year towards addressing these actions.

• It allocates responsibilities for each project, program or activity. • It identifies suitable measures to determine the effectiveness of the projects, programs

and activities undertaken. • It must include a detailed budget for the activities to be undertaken in that year.

Council’s annual statement of revenue policy (included in the Operational Plan) includes details of:

• Estimated income and expenditure • Ordinary rates (including a proposed revised rating structure) • Proposed fees and charges


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• The council’s proposed pricing methodology • Proposed borrowings.

The draft Delivery Program 2017/2018-2020/2021 and Operational Plan 2020/2021 will be provided under separate cover. REPORT/PROPOSAL The Delivery Program 2017/2018-2020/2021 and Operational Plan 2020/2021 has been amended to reflect a business improvement carried out by Council to continue to increase transparency for the Community in terms of what Council has committed to providing. There are a number of new sections in the documents, including:

• Our Community Profile in Part 1; • Present and Beyond Tables in Part 4; • Climate Change in Part 5; and • Drought Community Programme 2020 in Part 5.

The Operational Plan details the activities to be undertaken by Council in 2020/2021 and the annual budget, including the 2020/2021 Fees and Charges. The majority of the Operational Plan and its associated actions and budget were prepared prior to the recent events relating to the COVID-19 pandemic. These documents provide a detailed summary of the services, activities and budget for 2020/2021, however it is impossible to determine at this stage the level and capacity this could potentially be impacted by COVID-19. Updates on the performance of Council against the Operational Plan and the expected impacts on budget and service delivery as a result of the pandemic will be reported to Council in update reports and will be made available to the Community to ensure transparency. Our objective subject to the State and Federal government, is to progress with our capital works program and stimulate the local economy and enhance the Shire, which will benefit the broader Community once the pandemic has passed. OPTIONS Either adopt as is or amend the draft Delivery Program 2017/2018-2020/2021 & Operational Plan 2020/2021 for the purpose of placing it on public exhibition for a minimum of 28 days.

CONSULTATION S405 of the Local Government Act 1993 requires Council to put the draft Delivery Program & Operational Plan on public exhibition for a period of at least 28 days and seek submissions from the public in regard to the exhibited documents. An initial workshop with Councilors and senior staff was held on 16th April to review the draft documents. The draft Delivery Program 2017/2018-2020/2021 and Operational Plan 2020/2021 will be placed on public exhibition between Wednesday 29 April 2020 and Thursday 28 May 2020. Submissions will close on Thursday 28 May 2020.


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In response to the evolving situation with COVID19, Council is continuing to take measured precautions to ensure we keep our Community and staff safe. This year public meetings about the draft Plans will not be held, and submissions cannot be accepted at Council Administration Offices as they are temporarily closed due to COVID-19 Public Heath Order.

The Draft Plans and a summary of the key points are available on Council’s website and can be viewed at any time during Public Exhibition. Questions and comments can be submitted through the website. The Community will also be engaged through social media posts, website content and video and newspaper advertisements.

As in previous years, Council will provide the community with a posted brochure summarising details of the budget and major projects. This summary fact sheet will be distributed to all residents at the start of May 2020. Results of the engagement including number of submissions and summary of individual submissions will be reported to Council when the draft plan is proposed for final adoption in June 2020. STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: LEADERSHIP Goal 8 Provide Community Leadership CS30 Effectively and efficiently manage the business of Council, while

encouraging an open and participatory Council with an emphasis on transparency, Community engagement, action and response.

CS34 Community is effectively engaged, can provide opinion and contribute to decisions that plan for the present and future of the Upper Hunter Shire.


This report links to:


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b. Delivery Program In the General Management Activity this relates to:

- Support for the Mayor and Councillors to fulfill their respective roles. - Lead the Integrated Planning and Reporting Framework. - Lead Council operations and Council wide continuous improvement.

In the Financial Services Activity this relates to:

- Ensure that Council and statutory reporting requirements are adhered to. - Ensure “Fit for the Future” benchmarks and any improvement program instigated is

maintained for Council’s financial sustainability. c. Other Plans This will link directly to the IP&R Framework, as this is the Delivery Program and Operational Plan. Council has met its requirements to date consistent with the IP&R Framework and will revise required documents as needed through this process. IMPLICATIONS a. Policy and Procedural Implications Council has met its requirements to date consistent with the IP&R Framework. b. Financial Implications Council is unable to levy rates and apply fees & charges if not resolved by Council to do so. c. Legislative Implications Legislative responsibilities will be met consistent with the planning and reporting activities in accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005. d. Risk Implications Minimise risks by meeting the Integrated Planning and Reporting (IP&R) framework. e. Other Implications Nil CONCLUSION Council is required to adopt a draft Delivery Program and Operational Plan each year to be placed on public exhibition for 28 days prior to considering submissions and adopting the final document.


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ATTACHMENTS

Nil.


1. Endorse the draft Delivery Program 2017/2018-2020/2021 & Operational Plan 2020/2021 and place on exhibition for a period of not less than 28 days, commencing on Wednesday 29 April 2020 and closing on Thursday 28 May 2020.

2. Engage with the community prior to finalising the draft Delivery Program 2017/2018-2020/2021 & Operational Plan 2020/2021.

Moved: Cr K Fisher Seconded: Cr M Collison CARRIED UNANIMOUSLY




INFRASTRUCTURE REPORTS

I.04.1 NAMING OF NEW BRIDGE OVER ROUCHEL BROOK

RESPONSIBLE OFFICER: Nicholas Havyatt - Director Infrastructure Services

AUTHOR: Chris Agosto - Project Manager

PURPOSE The purpose of this report is to seek support to follow the proposed process for the naming of the new bridge McMullin Bridge.

RECOMMENDATION That Council resolve to follow the Geographical Names Board of NSW process to name the new bridge over Rouchel Brook, McMullin Bridge as described in this report.

BACKGROUND The existing Cameron Bridge is a timber Dare Truss bridge over the Rouchel Brook on Rouchel Road just prior to the village of Rouchel. It was opened on 31 August 1930. Due to the ongoing deterioration in its condition Council imposed a 12 tonne load limit on the bridge on 20 November 2017 and installed a temporary low level structure adjacent to the bridge. The bridge was named Cameron Bridge after Mr William Cameron (1877 – 1931) who was born at Rouchel Brook and went on to have a political career, being a member of the NSW Legislative Assembly from 1918 to 1931 representing both Upper Hunter and Maitland over this time. Upper Hunter Shire Council has recently been successful in securing funding for the replacement of the bridge with a concrete bridge that will have a life of 100 years. Funding is detailed as follows: Restart NSW - Fixing Country Roads $1,745,440 Australian Government - Bridges Renewal Program $700,000 Upper Hunter Shire Council $70,000 Total Funding $2,515,440 REPORT/PROPOSAL The proposed design for the new bridge realigns the approach roads to take out a sharp bend (as shown in Figure 1 below) locating the bridge 120m downstream of the exiting bridge.




Figure 1 – Proposed bridge and road realignment The proposed realignment passes through two parcels of land both owned by Mrs Kate Fraser and shown in Figure 1:

• Lot 101 DP 1137101 • Lot 1 DP 585645.

Discussions have been held with the landowner about Council’s acquisition of land to construct the new bridge and road realignment. Whilst the landowner is sympathetic with Council’s acquisition requirements she has requested that the new bridge be named McMullin Bridge after her father, Sir Alister Maxwell McMullin (1900 – 1984). Sir McMullin’s short biography is:

• Born in Rouchel 14 July 1900 • Ran cattle, sheep and horses at the property of St Aubins • Served in the RAAF from 1941 to 1944 • Member of the Federal Senate 1951 to 1971 • President of the Federal Senate 1953 to 1971 (he remains the longest serving

President) • Appointed Knight Commander of the Order of St Michael & St George (KCMG) in 1957 • Founding Chancellor of the University of Newcastle from 1966 to 1977.

The Geographical Names Board of NSW (GNB) Place Naming Policy outlines the procedure to be followed for naming a place and the naming principles that must be followed. Section 11.3 of the policy refers to naming bridges. Although the GNB does not name bridges it encourages all bridge naming to follow the policy’s guidelines. Local Councils are to initiate the naming of bridges on local, regional and state roads (other than freeways) and Transport




for NSW is to approve these proposals. They can approve the naming proposal for the bridge provided that the name has wide community support and that the name is consistent with GNB place name criteria. A name or a change in name may be rejected. Section 9.5 of the policy states that when Council submits a naming proposal it should be supported by a Council resolution and show evidence of community consultation such as advertising inviting comments in local newspapers, relevant web sites, nearby residents and progress associations. The following GNB process is proposed for the naming of the new bridge:

1. Advertise in local papers and Council’s website inviting comments on the proposed naming as McMullin Bridge.

2. Send letters to surrounding residents inviting comments on the proposed name. 3. Post notices on any suitable notice boards inviting comments on the proposed name. 4. Send notices to local progress associations inviting comments on the proposed name. 5. Report back to Council on the outcome of the above community consultation and, if

acceptable, recommend the name. 6. Council consider report and the proposed name. 7. Send letter to Transport for NSW requesting the name of the new bridge supported by

the Council resolution and evidence of community consultation. 8. Notify GNB of the name so it can be updated in the Spatial Services’ Digital

Topographic Database. 9. Mount naming plaques on the new McMullin Bridge.

An alternative process could be to compulsorily acquire the land off the owner and build the new bridge on the proposed alignment naming it something different. The timeframe to compulsorily acquire the land will take between 1-2 years and will extend the completion date of the project past the acceptable time frame. If the new bridge is built on the new alignment the existing timber bridge will still have to be demolished as it is upstream of the new bridge and if it were to be washed away by a flood it would seriously damage the new bridge. If the new bridge is called McMullin Bridge, it is proposed that Cameron Bridge is historically archived and story board signs be erected at the site following its demolition. OPTIONS 1. Proceed with the proposed process to name the new bridge over Rouchel Brook

McMullin Bridge as described in this report. 2. Reject the request to follow the process to naming the new bridge McMullin Bridge.

This may cause the landowner to withdraw her support for the land acquisition, leading to the construction of the replacement bridge on the same alignment as the current bridge within the road reserve. This option is not favoured as it will maintain the sharp corner after the bridge.

3. Name something else in the shire after the landowner’s father. This may satisfy the lander enough to agree to the proposed land acquisition. At this stage there is nothing else suitable to be named.

4. Compulsorily acquire the land from the owner and build the bridge on the proposed alignment. This is not recommended as the time taken for compulsory acquisition will extend the completion of the project far beyond the acceptable timeframe.




CONSULTATION

• Landowner • Director Infrastrucure Services • Manager Special Projects • Manager Strategic Assets • Asset Engineer

STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: ECONOMY & INFRASTRUCTURE Goal 7 Enhance and improve the road network and bridges to meet the needs of current and

future generations and communicate priorities and progress to the Community. CS27 Maintain and upgrade the road network and bridges.


b. Delivery Program

• By undertaking bridge maintenance and construction works to Council standards and specifications, so as to improve safety and minimise future expenses.

c. Other Plans Nil. IMPLICATIONS a. Policy and Procedural Implications Nil. b. Financial Implications There will be the cost of advertising, consultation and story boards which will be covered by the project budget. c. Legislative Implications The Geographical Names Board of NSW Place Naming Policy outlines the procedure to be followed for naming a bridge and the naming principles that must be followed.





Not changing the name of the bridge may lead to the current bridge and road alignment being maintained, including the sharp corner after the bridge.

e. Sustainability Implications

N/A

f. Other Implications

N/A CONCLUSION

Following the proposed GNB procedure will determine if there is support for naming the bridge by the local community, Council, Transport for NSW and the Geographical Names Board of NSW.

ATTACHMENTS

There are no enclosures for this report

RESOLVED That Council: 1. undertake a review of other bridges and public Infrastructure in the area and

after consultation with the family name one after Sir Alister McMullin 2. undertake a heritage assessment should the proposed bridge be heritage

listed. 3. receive a report on the options.

Moved: Cr K Fisher Seconded: Cr R Campbell CARRIED UNANIMOUSLY


NOTICES OF MOTION

NM.04.1 NOTICE OF MOTION - SCONE AIRPORT AND AVIATION MUSEUM PROJECT


AUTHOR: Steve McDonald - General Manager

The following Notice of Motion has been submitted by Cr Abbott: In light of covid-19 and the ensuing crushing of the economy equally underpinned by the continued community angst regarding the Scone Airport and Aviation Museum Project and the potential financial risk to Upper Hunter Shire ratepayers, at the April Ordinary Council Meeting I intend to move that council resolves:

MOTION:

To seek an external independent review of the Scone Airport and Aviation Museum Project, and to not proceed to any construction contracts until:

(i) the external review has been completed and any issues raised within the external review have been adequately and publicly addressed, and

(ii) a comprehensive business plan has been developed for the Scone Airport and Aviation Museum Project demonstrating economic and social benefits for the entire Upper Hunter Community.

Rationale: Covid-19 has cast a very dark shadow over the long term prospects of all tourist facilities in New South Wales, Australia and the world, hence it would be inappropriate to approve the Scone Airport and Aviation Museum Project without thoroughly investigating the risks and projections for this costly and very niche proposal.

Response: Whilst the impact of Covid-19 has had short term impact on tourism, the medium and longer term impacts are not known at this stage. It must be remembered that the new airport project will deliver benefits for decades to come. A similar Notice of Motion was tendered to the November 2019 Council meeting. The cost of an independent review would be in the vicinity of $40,000 and funded from the project contingency budget. The response provided was as follows and is still applicable (noting the September 2020 Airshow has been postponed):

Throughout the process the Council has undertaken extensive consultation with Councillors, airport operators, and independent consulting experts in finance, tourism, public works, asset management and strategy. External reviews have concluded that the entire project is financially and strategically viable based on project forecasting. This includes Capital Expenditure Review, prepared by third party consultants Common Thread Consulting, and endorsed by the Office of Local Government.


The Council is also satisfied that it has undertaken necessary due diligence to be able to make the decision to proceed on project implementation. Due diligence has included:

• Three Consulting engaged to conduct stakeholder workshops and community consultation in order to develop the Airport Masterplan

• Stafford Group engaged to conduct project feasibility study. Final report released 2017. Includes projected visitor numbers and economic benefits. Stafford Group has experience in a number of fields including tourism and leisure, the cultural sector, economic development, marketing, local and regional government and infrastructure development.

• Common Thread Consulting engaged to complete the Capital Expenditure Review. They have extensive experience in conducting similar reviews.

• Project endorsed by NSW State government resulting in two separate grants totalling some $13m.

• NSW Public Works appointed project manager. This includes project planning, risk assessment, tendering and procurement, review of cost estimates and ongoing project management. This involves engaging airport pavement experts and other specialist consultants.

• Airports Plus engaged to conduct Airport Safety Inspection report in accordance with Civil Aviation Regulations

• Paul Bennett Airshows engaged to deliver the 2020 Warbird Over Scone Airshow

MOTION:

To seek an external independent review of the Scone Airport and Aviation Museum Project, and to not proceed to any construction contracts until:

(i) the external review has been completed and any issues raised within the external review have been adequately and publicly addressed, and

(ii) a comprehensive business plan has been developed for the Scone Airport and Aviation Museum Project demonstrating economic and social benefits for the entire Upper Hunter Community.

Moved: Cr S Abbott Seconded: Cr L Watts AMENDMENT TO THE MOTION RESOLVED That Council seek an external independent review of the Scone Airport and Aviation Museum Project and address any issues raised within the external review, making these changes public.

Moved: Cr W Bedggood Seconded: Cr J Brown CARRIED

FOR AGAINST Councillor Abbott Councillor Collison Councillor Bedggood Councillor Brown Councillor Campbell Councillor Driscoll Councillor Fisher Councillor Watts Total (7) Total (1)




NM.04.3 NOTICE OF MOTION - LIVERPOOL LODGE


AUTHOR: Councillor Josh Brown

The following Notice of Motion has been submitted by Cr Brown: MOTION That the General Manager do all acts and things to bring forward the immediate reconstruction of the fire damaged units at Liverpool Lodge, Murrurundi.

Staff Update The property has been inspected by an insurance assessor and a report provided to Council’s insurer which recommends that both units be demolished and replaced due to the extent of fire damage. The insurer has approved the demolition and replacement of both units at an estimated cost of around $250,000. Plans of the replacement building have been prepared and a development application will be submitted to Council shortly. Once development consent has been obtained, tenders will be sought for the approved demolition and rebuild.

RESOLVED That the General Manager do all acts and things to bring forward the immediate reconstruction of the fire damaged units at Liverpool Lodge, Murrurundi.

Moved: Cr J Brown Seconded: Cr R Campbell CARRIED UNANIMOUSLY




QUESTIONS WITH NOTICE

QWN.04.1 QUESTIONS WITH NOTICE


AUTHOR: Robyn Cox - Executive Assistant

RECOMMENDATION For notation only.

BACKGROUND The following questions with notice have been received. Responses are provided below. Cr Abbott

1. Why has council cancelled green waste services in the shire? Can we please restore them immediately?

Response: Restrictions on green waste disposal were introduced to reduce the number of visitations to the waste facilities and associated risks to staff and to minimise non-essential travel by local residents in line with the public health order. These restrictions have now been removed in light of advice from the Office of Local Government and we are accepting green waste and bulky household items from the general public at our waste facilities.

We have reviewed our operations and are satisfied that we have adequate procedures in place to minimise the risks of COVID-19 transmission to staff and customers.

2. With respect to the Merriwa Service Station, why were the councillors at the February

Council Meeting 2020 not advised after the recommendation for approval was lost at that meeting to immediately make a resolution that would have seen the development application officially refused? Why did this not happen when the numbers would have seen this resolution be resolved in a refusal? Why did council wait? Did council fail in their duty in relation to code of meeting conduct practice?

Response: The Code of Meeting Practice adopted by Council does not require Council to move a motion subsequent to a motion being lost. The decision to move a motion in this situation can be made by any Councillor, at their discretion. As no Councillor opted to move a subsequent motion for refusal, and therefore no formal decision was made, the item was recommitted to Council at the following meeting. The manner in which this item has been dealt with to date is not in conflict with the Code of Meeting Practice.

3. Is the issue relating to the fuel leak in the sewer network at Scone which occurred on

Thursday, 16 April 2020 being investigated? Response: The matter is currently being investigated and a report will be provided to Council once the investigation is completed.




4. You have given me the actual costs of the cancellation Warbirds over Scone (approx $13,000) thank you; but further to that answer please can you tell me what the projected loss of profits will be as a result of not proceeding with the air show given that we were relying on money made at the air show to offset costs of the airport and museum project? What are the 'opportunity of loss' costs? What were the profit sharing arrangements with Bennet Air Shows?

Response: The event is expected to generate net income of around $319k. Due to the Covid19 situation it has not been determined when the next event will take place. The previous agreement with the air show contractor was a lump sum and not profit share. A new contract will have to be negotiated before the next airshow.

ATTACHMENTS

There are no enclosures for this report

RESOLVED that the questions be noted.



CLOSED COUNCIL RESOLVED That Council move into Closed Council with the press and public excluded in accordance with Section 10(2)(c) of the Local Government Act 1993.

Moved: Cr K Fisher Seconded: Cr J Brown CARRIED UNANIMOUSLY

Report To Confidential Ordinary Council Meeting 27 April 2020

Corporate Services


CONFIDENTIAL REPORTS

CR.04.1 TENDER T721920HUN - SUPPLY AND DELIVERY OF DUCTILE IRON CEMENT LINED PIPE, WATER & SEWER FITTINGS & VALVES



This matter is considered to be confidential under Section 10A(2) (d ii) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (ii) confer a commercial advantage on a competitor of the Council.

PURPOSE Council participated in a single source tender for the Supply and Delivery of Ductile Iron Cement Lined Pipe, Water and Sewer Fittings and Valves with a number of other Hunter Council participants that was facilitated by Regional Procurement. The tender period will be for a 24 month period from 1 January 2020 to 31 December 2021 with a further twelve (12) month option available based on satisfactory performance of the successful tenderers. The value of acquisitions to the Upper Hunter Shire Council is unknown as it is dependent on infrastructure requirements over the period of the tender.


1. accept the tender from Cadia Group Pty Limited as a single source supplier of categories 1 to 3 for the period 1 January 2020 to 31 December 2021.

2. subject to satisfactory performance, allow a further 12 month optional extension from 1 January 2022 to 31 December 2022 for all categories.



Corporate Services


CR.04.2 TENDER T761920HUN - SUPPLY AND DELIVERY OF WATER METERS



Ordinary Council Meeting at its meeting on 24 February 2020 resolved that the matter be deferred to a future meeting

This matter is considered to be confidential under Section 10A(2) (d ii) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (ii) confer a commercial advantage on a competitor of the Council. (Tender )

PURPOSE Council participated in a single source tender for the Supply and Delivery of Water Meters with a number of other Hunter Council participants that was facilitated by Regional Procurement. The tender period will be for a 36 month period from 1 January 2020 to 31 December 2022 with a further twelve (12) month option available based on satisfactory performance of the successful tenderers. The value of acquisitions to the Upper Hunter Shire Council is unknown as it is dependent on infrastructure requirements over the period of the tender.


1. accept the tender from Elster Metering Pty Ltd as a Single Source supplier for the period 1 January 2020 to 31 December 2022.

2. subject to satisfactory performance, allow a further 12 month optional extension from 1 January 2023 to 31 December 2023.

Moved: Cr L Driscoll Seconded: Cr J Brown CARRIED UNANIMOUSLY


Corporate Services


CR.04.3 TENDER T741920HUN - SUPPLY AND DELIVERY OF BULK CATIONIC BITUMEN CRS




PURPOSE Council participated in a single source tender for the Supply and Delivery of Bulk Cationic Bitumen CRS with a number of other Hunter Council participants that was facilitated by Regional Procurement. The tender period will be for a 24 month period from 1 January 2020 to 31 December 2021 with a further twelve (12) month option available based on satisfactory performance of the successful tenderers. The value of acquisitions to the Upper Hunter Shire Council is unknown as it is dependent on infrastructure requirements over the period of the tender.


1. accept the tender from Fulton Hogan Industries Pty Ltd as a Single Source supplier for the period 1 January 2020 to 31 December 2021.




Corporate Services


CR.04.4 TENDER REGPRO751920 - SUPPLY AND DELIVERY OF HARDWARE




PURPOSE Council participated in a Panel Source tender for the Supply and Delivery of Hardware with a number of other Hunter Council participants that was facilitated by Regional Procurement. The tender period will be for a 24 month period from 1 January 2020 to 31 December 2021 with a further twelve (12) month option available based on satisfactory performance of the successful tenderers. The value of acquisitions to the Upper Hunter Shire Council is unknown as it is dependent on infrastructure requirements over the period of the tender. DISCLOSURE OF INTEREST Cr Kiwa Fisher declared a pecuniary interest / insignificant conflict for the reason that he is a shareholder in one of the tendering businesses. Cr Fisher left the meeting at 7.06pm and took no part in discussion or voting.


1. accept the tender as a Panel Source tender of suppliers for the period 1 January 2020 to 31 December 2021.


Moved: Cr R Campbell Seconded: Cr L Driscoll CARRIED

Cr Fisher returned to the meeting.


Corporate Services


CR.04.5 TENDER T731920HUN - PROVISION OF ROAD STABILISING




PURPOSE Council participated in a Panel Source tender for the Provision of Road Stabilising with a number of other Hunter Council participants that was facilitated by Regional Procurement. The tender period will be for a 24 month period from 1 January 2020 to 31December 2021 with a further twelve (12) month option available based on satisfactory performance of the successful tenderers. The value of acquisitions to the Upper Hunter Shire Council is unknown as it is dependent on infrastructure requirements over the period of the tender.


1. accept the tender as a Panel Source tender of suppliers for the period 1 January 2020 to 31 December 2021 for both categories 1 and 2.

2. subject to satisfactory performance, allow a further 12 month optional extension from 1 January 2022 to 31 December 2022 for both categories 1 and 2.

Moved: Cr K Fisher Seconded: Cr L Driscoll CARRIED UNANIMOUSLY


Corporate Services


CR.04.6 TENDER T771920HUN - SUPPLY AND DELIVERY OF PASSENGER VEHICLE, TRUCK AND EARTHMOVING TYRES




PURPOSE Council participated in a single source tender for the Supply and Delivery of Passenger Vehicle, Truck and Earthmoving Tyres for a number of other Hunter Council participants that was facilitated by Regional Procurement. The tender period will be for a 24 month period from 1 January 2020 to 31 December 2021 with a further twelve (12) month option available based on satisfactory performance of the successful tenderers. The value of acquisitions to the Upper Hunter Shire Council is unknown as it is dependent on infrastructure requirements over the period of the tender.


1. accept the tender from Bridgestone Australia Ltd T/A Bridgestone be awarded as a Single Source supplier for the period 1 January 2020 to 31 December 2021.


Moved: Cr J Brown Seconded: Cr L Watts CARRIED UNANIMOUSLY


Corporate Services


CR.04.7 TENDER T711920HUN - SUPPLY AND DELIVERY OF BULK WATER TREATMENT CHEMICALS




PURPOSE Council participated in a single source tender for the Supply and Delivery of Bulk Water Treatment Chemicals with a number of other Hunter Council participants that was facilitated by Regional Procurement. The tender period will be for a 24 month period from 1 January 2020 to 31 December 2021 with a further twelve (12) month option available based on satisfactory performance of the successful tenderers. The value of acquisitions to the Upper Hunter Shire Council is unknown as it is dependent on infrastructure requirements over the period of the tender.


1. accept the tender from Ixom Operations Pty Ltd as a Single Source supplier of Schedule A - Chlorine Gas for the period 1 January 2020 to 31 December 2021.

2. accept the tender from Chemprod Nominees Pty Ltd T/A Omega Chemicals as a Single Source supplier of Schedule B – Aluminium Sulphate (LTRS) and Schedule D – Sodium Hypochloride (@13% Strength) for the period 1 January 2020 to 31 December 2021.

3. subject to satisfactory performance, allow a further 12 month optional extension for Schedule A, B and D from 1 January 2022 to 31 December 2022.

Moved: Cr L Watts Seconded: Cr K Fisher CARRIED UNANIMOUSLY




CR.04.8 RESCISSION MOTION - OMADALE BROOK BRIDGE - TENDER EVALUATION


AUTHOR: Steve McDonald - General Manager


MOTION: That the motion passed at Item CR.02.2 Tender No. 08/2020 Omadale Brook Bridge Tender Evaluation, at the Upper Hunter Shire Council meeting of 28 January 2020, which is noted as follows, be rescinded:

CR.01.2 Tender No. 08/2020 – Omadale Brook Bridge – Tender Evaluation

That Council:

1. accept Tender 08/2020 from Bridge and Marine Engineering Pty Ltd, 18 Sawmill Circuit, Hume, ACT 2620, for the design and construction of the replacement of Omadale Brook Bridge for a total lump sum of $1,037,498 inclusive of GST (one million and thirty seven thousand, four hundred and ninety eight dollars), ($943,180 excluding GST), subject to a satisfactory finding from a financial capacity report.

2. provide delegated authority to the General Manager to conduct all relevant functions under the contract.

Cr M Collison Cr K Fisher

Cr R Campbell The grounds on which this rescission motion is based are as follows:

1. Tender 08/2020 received from Bridge and Marine Engineering Pty Ltd is not a valid tender because Bridge and Marine Engineering Pty Ltd did not attend the mandatory site inspection.

2. It is foreshadowed that a motion will be put to Council to accept tender 08/2020 from

Waeger Constructions Pty Ltd for the design and construction of the replacement of Omadale Brook Bridge.




RESOLVED That the motion passed at Item CR.02.2 Tender No. 08/2020 Omadale Brook Bridge Tender Evaluation, at the Upper Hunter Shire Council meeting of 28 January 2020, which is noted as follows, be rescinded:

CR.01.2 Tender No. 08/2020 – Omadale Brook Bridge – Tender Evaluation

That Council:



Moved: Cr M Collison Seconded: Cr R Campbell CARRIED UNANIMOUSLY




CR.04.9 TENDER NO. 08/2020 - OMADALE BROOK BRIDGE - TENDER EVALUATION

RESPONSIBLE OFFICER: Nicholas Havyatt - Director Infrastructure Services

AUTHOR: Chris Agosto - Project Manager

This matter is considered to be confidential under Section 10A(2) (d i) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it.

PURPOSE The purpose of this report is to update the process that has been followed for the evaluation of tenders for the Omadale Brook Bridge (Tender No. 08/2020) and provide an alternate recommendation to award the contract should the resintion moment be passed by Council.


1. accept Tender 08/2020 from Waeger Constructions Pty Ltd, for the design and construction of the replacement of Omadale Brook Bridge for a total lump sum of $1,134,650 inclusive of GST (one million, one hundred and thirty four thousand, six hundred and fifty dollars), ($1,031,500 excluding GST); and


Moved: Cr M Collison Seconded: Cr R Campbell CARRIED UNANIMOUSLY




CR.04.10 TENDER 16/2020 - SCONE REGIONAL AIRPORT AERODROME GROUND LIGHTING UPGRADE


AUTHOR: Alan Fletcher - Special Projects Manager

This matter is considered to be confidential under Section 10A(2) (c) of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

PURPOSE The purpose of this report is to consider the tenders for Scone Regional Airport Aerodrome Ground Lighting Upgrade.

RESOLVED That Council: 1. decline to accept any of the tenders for the Scone Regional Airport Aerodrome

Ground lighting due to the complying acceptable tenders being over budget as per Section 178(1) (b) of the Local Government (General) Regulation 2005.

2. note the reason for declining to accept any of the tenders is it would be advantageous for Council to enter direct negotiations with a suitable supplier for the following reasons:

• Entering into negotiations is likely to provide an improved environmental outcome with the possible installation of solar lighting.

• Entering into negotiations is likely to provide improved value for money for a complying MOS 139 aerodrome ground lighting system.

• The prices from the tenderers resulted from a competitive tender process, are reflective of the current market prices and these prices can reasonably be used as a basis for negotiation;

• To invite fresh tenders would take considerable time and add additional cost to Council and other tenderers;

• A project delay has the potential to jeopardize grant funding. • A project delay has potential to cause problems due to the lack of reliability

of the existing old aerodrome ground lighting. • It will be possible to achieve a negotiated outcome in less time that to enter

into a new tendering process again. 3. enter into negotiations with any person (whether or not the person was a tenderer)

with a view to entering into a contract as per Section 178 (3)(e) of the Local Government (General) Regulation 2005 and;-

4. prepare a report to Council on the outcome of the negotiations.

Moved: Cr K Fisher Seconded: Cr J Brown CARRIED UNANIMOUSLY




CR.04.11 TENDER 06/2020 - CONSTRUCTION OF THE NEW WARBIRDS VISITOR ATTRACTION & AIRPORT TERMINAL BUILDING AT SCONE AIRPORT.



This matter is considered to be confidential under Section 10A(2) (d i) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it.

PURPOSE The purpose of this report is to outline the process that has been followed for the evaluation of tender submissions for the Construction of the new Warbirds Visitor Attraction and Airport Terminal building at Scone Regional Airport and make a recommendation to Council.

RESOLVED That Council: 1. decline to accept any of the tenders for the Warbirds Visitor Attraction and

Airport Terminal building at Scone Regional Airport and enter into negotiations with a view to entering into a contract as set out in Section 178(3)(e) of the Local Government Regulation 2005.

2. note the reason for declining to accept any of the tenders is that the budget is insufficient to cover the lowest assessed tender amount and a contingency amount for variations and assessed risks.

3. the reasons for determining to enter into negotiations with the two lowest priced tenderers and others if required are:

• The tenders from the two lowest price tenderers, although above the pre-tender estimate, were complying tenders and it would be potentially advantageous for Council to enter direct negotiations;

• Entering into negotiations with two lowest priced tenderers only will provide pricing competition while facilitating negotiations for the tenderers and Council.

• The ability to receive prices from other firms other than the two lowest tenderers provides flexibility and competition to obtain the best value for money.


Moved: Cr M Collison Seconded: Cr K Fisher CARRIED

FOR AGAINST Councillor Bedggood Councillor Abbott Councillor Brown Councillor Campbell Councillor Collison Councillor Driscoll Councillor Fisher Councillor Watts Total (7) Total (1)




CR.04.12 TENDER 07/2020 - SCONE REGIONAL AIRPORT AIRSIDE INFRASTRUCTURE UPGRADE



This matter is considered to be confidential under Section 10A(2) (c) of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

PURPOSE The purpose of this report is to consider the tenders for Scone Regional Airport Airside Infrastructure civil works.

RESOLVED That Council: 1. decline to accept any of the tenders for the Scone Airport Airside Civil Works due

to the tenders being over budget as per Section 178(1) (b) of the Local Government (General) Regulation 2005.




• A project delay has the potential to jeopardise funding that has been received by Council via the Building Regional Economies Environment & Tourism fund.

• It will be possible to achieve a negotiated outcome in less time that to enter into a tendering process again.

3. enter into negotiations with the two lowest tenderers being Tenderers A and B in Table 1 of the attached report as per Section 178 (3)(e) of the Local Government (General) Regulation 2005; and,


Moved: Cr M Collison Seconded: Cr J Brown CARRIED UNANIMOUSLY


RETURN TO OPEN MEETING RESOLVED That the meeting move back into Open Council.

Moved: Cr K Fisher Seconded: Cr L Driscoll CARRIED UNANIMOUSLY Upon resuming Open Council the following recommendations were adopted: RESOLVED that Council: CR.04.1 Tender T721920HUN - Supply and Delivery of Ductile Iron Cement Lined Pipe,

Water & Sewer Fittings & Valves 1. accept the tender from Cadia Group Pty Limited as a single source

supplier of categories 1 to 3 for the period 1 January 2020 to 31 December 2021.

2. subject to satisfactory performance, allow a further 12 month optional extension from 1 January 2022 to 31 December 2022 for all categories.

CR.04.2 Tender T761920HUN - Supply and Delivery of Water Meters

1. accept the tender from Elster Metering Pty Ltd as a Single Source supplier for the period 1 January 2020 to 31 December 2022.


CR.04.3 Tender T741920HUN - Supply and Delivery of Bulk Cationic Bitumen CRS

1. accept the tender from Fulton Hogan Industries Pty Ltd as a Single Source supplier for the period 1 January 2020 to 31 December 2021.


CR.04.4 Tender REGPRO751920 - Supply and Delivery of Hardware

1. accept the tender as a Panel Source tender of suppliers for the period 1 January 2020 to 31 December 2021.


CR.04.5 Tender T731920HUN - Provision of Road Stabilising

1. accept the tender as a Panel Source tender of suppliers for the period 1 January 2020 to 31 December 2021 for both categories 1 and 2.

2. subject to satisfactory performance, allow a further 12 month optional extension from 1 January 2022 to 31 December 2022 for both categories 1 and 2.

CR.04.6 Tender T771920HUN - Supply and Delivery of Passenger Vehicle, Truck and

Earthmoving Tyres 1. accept the tender from Bridgestone Australia Ltd T/A Bridgestone be

awarded as a Single Source supplier for the period 1 January 2020 to 31 December 2021.


CR.04.7 Tender T711920HUN - Supply and Delivery of Bulk Water Treatment Chemicals

1. accept the tender from Ixom Operations Pty Ltd as a Single Source supplier of Schedule A - Chlorine Gas for the period 1 January 2020 to 31 December 2021.


2. accept the tender from Chemprod Nominees Pty Ltd T/A Omega Chemicals as a Single Source supplier of Schedule B – Aluminium Sulphate (LTRS) and Schedule D – Sodium Hypochloride (@13% Strength) for the period 1 January 2020 to 31 December 2021.

3. subject to satisfactory performance, allow a further 12 month optional extension for Schedule A, B and D from 1 January 2022 to 31 December 2022.

CR.04.8 Rescission Motion - Omadale Brook Bridge - Tender Evaluation

That the motion passed at Item CR.02.2 Tender No. 08/2020 Omadale Brook Bridge Tender Evaluation, at the Upper Hunter Shire Council meeting of 28 January 2020, which is noted as follows, be rescinded:

CR.01.2 Tender No. 08/2020 – Omadale Brook Bridge – Tender Evaluation That Council:



CR.04.9 Tender No. 08/2020 - Omadale Brook Bridge - Tender Evaluation

1. Council award the contract to the preferred tender as so named in the confidential report, and

2. full details of the successful tenderer are published on Council’s website as soon as the contract has been entered into, in accordance with clause 179 of the Local Government (General) Regulation 2005 ”.

CR.04.10 Tender 16/2020 - Scone Regional Airport Aerodrome Ground Lighting Upgrade

1. decline to accept any of the tenders for the Scone Regional Airport Aerodrome Ground lighting due to the complying acceptable tenders being over budget as per Section 178(1) (b) of the Local Government (General) Regulation 2005.

2. note the reason for declining to accept any of the tenders is it would be advantageous for Council to enter direct negotiations with a suitable supplier for the following reasons: • Entering into negotiations is likely to provide an improved

environmental outcome with the possible installation of solar lighting. • Entering into negotiations is likely to provide improved value for money

for a complying MOS 139 aerodrome ground lighting system. • The prices from the tenderers resulted from a competitive tender

process, are reflective of the current market prices and these prices can reasonably be used as a basis for negotiation;


• A project delay has the potential to jeopardize grant funding. • A project delay has potential to cause problems due to the lack of

reliability of the existing old aerodrome ground lighting. • It will be possible to achieve a negotiated outcome in less time that to

enter into a new tendering process again. 3. enter into negotiations with any person (whether or not the person was a

tenderer) with a view to entering into a contract as per Section 178 (3)(e) of the Local Government (General) Regulation 2005 and;-



CR.04.11 Tender 06/2020 - Construction of the new Warbirds Visitor Attraction & Airport

Terminal building at Scone Airport

1. decline to accept any of the tenders for the Warbirds Visitor Attraction and Airport Terminal building at Scone Regional Airport and enter into negotiations with a view to entering into a contract as set out in Section 178(3)(e) of the Local Government Regulation 2005.

2. note the reason for declining to accept any of the tenders is that the budget is insufficient to cover the lowest assessed tender amount and a contingency amount for variations and assessed risks.

3. the reasons for determining to enter into negotiations with the two lowest priced tenderers and others if required are:

• The tenders from the two lowest price tenderers, although above the pre-tender estimate, were complying tenders and it would be potentially advantageous for Council to enter direct negotiations;

• Entering into negotiations with two lowest priced tenderers only will provide pricing competition while facilitating negotiations for the tenderers and Council.

• The ability to receive prices from other firms other than the two lowest tenderers provides flexibility and competition to obtain the best value for money.

4. prepare a report to Council on the outcome of the negotiations. CR.04.12 Tender 07/2020 - Scone Regional Airport Airside Infrastructure Upgrade

1. decline to accept any of the tenders for the Scone Airport Airside Civil Works due to the tenders being over budget as per Section 178(1) (b) of the Local Government (General) Regulation 2005.




• A project delay has the potential to jeopardise funding that has been received by Council via the Building Regional Economies Environment & Tourism fund.

• It will be possible to achieve a negotiated outcome in less time that to enter into a tendering process again.

3. enter into negotiations with the two lowest tenderers being Tenderers A and B in Table 1 of the attached report as per Section 178 (3)(e) of the Local Government (General) Regulation 2005; and,


Moved: Cr K Fisher Seconded: Cr L Driscoll CARRIED UNANIMOUSLY THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 8.01PM.

Documents

MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER … · advised that he would leave the meeting and take no part in discussion and voting. CR.04.4 Tender REGPRO751920 – Supply and