MUDGEE SHIRE COUNCIL · 6.2.7 Naming of new roads in the Glen Myra Subdivision off Robertson Street, Mudgee 128 6.2.8 Naming of new road – Stan Boal Court 149 6.2.9 Addition of

ORDINARY MEETING

Wednesday 3 April 2013

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 1

27 March 2013 Dear Councillor

MEETING NOTICE

Ordinary Meeting Wednesday 3 April 2013 Open Day at 5.30pm

Council Meeting commencing at conclusion of Open day

Notice is hereby given that the above meeting of Mid-Western Regional Council will be held in the Council Chambers, 86 Market Street, Mudgee at the time and date indicated above to deal with the business as listed on the Meeting Agenda. Members of the public may address the Committee Meeting at Open Day. Speakers are given 5 minutes to outline any issue of relevance to the Council. If you wish to speak at Open Day please contact the Mayor’s Office on 1300 765 002 or 02 6378 2850 by 3.00 pm on the day of the meeting. Alternatively, please make yourself known to the Manager Governance prior to the commencement of the meeting. Yours faithfully WARWICK L BENNETT GENERAL MANAGER

PO BOX 156

MUDGEE NSW 2850

86 Market Street MUDGEE

109 Herbert Street GULGONG

77 Louee Street RYLSTONE

Ph: 1300 765 002 or (02) 6378 2850

Fax: (02) 6378 2815

Email: [email protected]


AGENDA

Item 1: Apologies......................................................................................... 3

Item 2: Disclosure of Interest ....................................................................... 3

Item 3: Confirmation of Minutes ................................................................... 3

3.1 Minutes of Ordinary Meeting held on 20 March 2013 3

Item 4: Matters in Progress ....................................................................... 49

Item 5: Mayoral Minute .............................................................................. 50

Item 6: General Business .......................................................................... 51

6.1 Notices of Motion 51

6.2 Reports 52

6.2.1 DA0211/2013 – Single Dwelling, Pool and Shed, Lot 1 DP 1175532, 6A Avisford Court Mudgee 2850 52

6.2.2 DA0353/2013 Proposed temporary use as camping grounds – Mudgee Showground – 11 – 25 Nicholson Street, Mudgee 72

6.2.3 DA0354/2013 Staged Dwelling House and Consolidation, Lots 3 & 4 DP 1146240 and Lot 1 DP 1062660 – 51 Lue Road Milroy. 84

6.2.4 Monthly Budget Review – February 2013 96

6.2.5 Water modelling – Cudgegong River 99

6.2.6 Mudgee Sewerage Augmentation Progress Report 115

6.2.7 Naming of new roads in the Glen Myra Subdivision off Robertson Street, Mudgee 128

6.2.8 Naming of new road – Stan Boal Court 149

6.2.9 Addition of Browns Lane, Kandos and Lower Piambong Road, Piambong to existing Bus Routes 163

6.2.10 Regional signage 165

6.2.11 Staff Structure 166

6.2.12 National General Assembly of Local Government 2013 172

6.2.13 Tree Report for Robertson Road - Road Widening 182

6.2.14 Cultural Development Committee 189

6.2.15 Gulgong Sports Council 195

6.2.16 Local Traffic Committee Minutes – 12 March 2013 201

6.2.17 Mudgee Sports Council 220

Item 7: Urgent Business Without Notice .................................................. 224


Item 1: Apologies

Item 2: Disclosure of Interest In accordance with Section 451 of the Local Government Act 1993, Councillors should declare an interest in any item on this Agenda. If an interest is declared, Councillors should leave the Chambers prior to the commencement of discussion of the item.

Item 3: Confirmation of Minutes

3.1 Minutes of Ordinary Meeting held on 20 March 2013

COUNCIL DECISION:

That the Minutes of the Ordinary Meeting held on 20 March 2013, Minute Nos 88/13 to 120/13 be taken as read and confirmed.

The Minutes of the Ordinary Meeting are attached:

Minutes of the Ordinary Meeting of Council Held at the Council Chambers, 86 Market Street, Mudgee

on Wednesday 20 March 2013, commencing at 7.05 pm and concluding at 8.39 pm

PRESENT Cr D Kennedy (Mayor), Cr P Cavalier, Cr EE Martens (AM), Cr PA Shelley, Cr JP Thompson,

Cr MB Walker, Cr JK Weatherley, Cr JR Webb (Deputy Mayor), Cr L White.

IN ATTENDANCE General Manager (WL Bennett), Group Manager Mid-Western Operations (B Cam), Group Manager Development and Community Services (C Van Laeren), Group Manager Finance and Administration (C Phelan), Manager Statutory Planning (G Bruce), Team Leader Customer Service (C Gillard), Manager Governance (I Roberts)

MEDIA REPRESENTATIVES

Mudgee Guardian / The Weekly (R Murray), Radio 2MG (M Heldon).

Item 1: Apologies

There were no apologies.

Item 2: Disclosure of Interest

The Group Manager Development and Community Services advised that she has a pecuniary conflict of interest in Item 6.1.5 and that she has had no part in the preparation of the report on this matter.

Item 3: Confirmation of Minutes

88/13 MOTION: Thompson/Shelley That the Minutes of the Ordinary Meeting held on 6 March 2013 (Minute Nos. 75/13 to 87/13) be taken as read and confirmed. The motion was put and carried.

Item 4: Matters in Progress

Refurbishment of canteen and storage areas at Kandos Waratah Park

4 Mid-Western Regional Council

ORDINARY MEETING - 3 APRIL 2013

89/13 MOTION: Shelley/Martens That Min.No.322/12 be noted as completed. The motion was put and carried.

Item 5: Mayoral Minutes

There was no Mayoral Minute.

Item 6: General Business

3.2 6.1 NOTICES OF MOTION

6.1.1 FRIDGE BUY BACK SCHEME A0100056, A0100035

90/13 MOTION: Thompson/Kennedy That Council investigate the possibility of joining the fridge buy back scheme. The motion was put and carried.

6.1.2 APPLICATION FOR BEVERAGE CONTAINER RECYCLING GRANTS 2013

A0100056, A0100035 91/13 MOTION: Cavalier/White That:

1. Council submits four (4) separate grant applications, each for up to $10,000, to Keep Australia Beautiful for Mudgee, Gulgong, Kandos & Rylstone in the Beverage Container Recycling Grants program.

2. Subject to those grant applications being successful, Council allocate

appropriate funding for the installation of recycling bins in the CBDs of Mudgee, Gulgong, Kandos and Rylstone and for the on-going collection service for those respective bins.

The motion was put and carried.

6.1.3 BUDGET VARIATION TO 2012/2013 OPERATIONAL PLAN A0100056, A0100035

92/13 MOTION: Webb/White That the following part of the resolution of the Council Meeting on 20 February 2013 in relation to the Quarterly Budget Review - December 2012, being Minute No. 64/13:

“4. if required, for additional roadside spraying, the 2012/13 Operational Plan be amended to include $50,000 for Roadside Spraying, funded by reducing the Compliance budget within the Weeds cost centre.”

be and is hereby rescinded.

The motion was put and carried. MOTION: Webb/White That part 4 of Minute No. 64/13 be replaced with the following:


“4. An additional variation to be included in the 2012/13 Operational Plan to increase roadside spraying by $50,000 funded by reducing the budget on Entrance Signage by $50,000 and transferring the corresponding Reserve funding across to Urban Reseals program as listed on page 5 of the December QBR.”

The motion was put and lost.

6.1.4 DA0149/2013 – PROPOSED INDUSTRIAL SHED AND LIGHT INDUSTRIAL USE, LOT 16 DP 1165148, 53-57 DEPOT ROAD MUDGEE

A0100056, A0100035 93/13 MOTION: Walker/Weatherley

That the resolution of the Council Meeting on 20 February 2013 in relation to the Industrial building in Depot Road Mudgee, being Minute No. 58/13: “That the application for a proposed industrial shed and light industrial use on lot 16 DP1165148, 53-57 Depot Road be refused for the following reasons: i. The proposal is not consistent with the definition of light industry; ii. The proposed building is excessive in scale and is likely to have a

detrimental impact of the visual amenity of the area; iii. The proposed use has a reasonable prospect of disrupting the

neighbourhood amenity; iv. The proposal does not provide appropriate access arrangements.” be and is hereby rescinded.

The motion was put and carried with Councillors voting as follows:

Councillors Ayes Nayes Cr Cavalier Cr Kennedy Cr Martens Cr Shelley Cr Thompson Cr Walker Cr Weatherley Cr Webb Cr White

MOTION: Thompson/ That before a decision is made, an independent study be undertaken in relation to

the erection of a timber fence on top of the acoustic mound. The motion lapsed for want of a seconder. 94/13 MOTION: Walker/Weatherley

That Development Application number 0149/2013 for the erection of an industrial shed and associated storage shed and the use of the buildings for the purposes of a Light Industry – Welding Business on Lot 16 DP 1165148, 53-57 Depot Road Mudgee be granted development consent subject to the following conditions;



APPROVED DEVELOPMENT 1. This consent relates to the erection of an industrial shed and associated

storage shed and the use of the buildings for the purposes of a Light Industry – Welding Business, as illustrated on the plans, specifications and supporting documentation received by Council stamped with reference to this consent, as modified by the following conditions. The development shall be carried out in accordance with this consent.

2. The development is to be carried out generally in accordance with the

stamped approved plans Titled Site Plan, Elevations 1 & 2, Ground Floor Plan, Storage Shed and Elevations Prepared by Production Line Drafting for P and A Drafting Plan including any Amendments made in red and the conditions of this consent.

Notes: Any alteration to the plans and/or documentation shall be submitted for

the approval of Council. Such alterations may require the lodgement of an application to amend the consent under s96 of the Act, or a fresh development application. No works, other than those approved under this consent, shall be carried out without the prior approval of Council.

Where there is an inconsistency between the documents lodged with

this application and the following conditions, the conditions shall prevail to the extent of that inconsistency.

AMENDMENTS 3. The approved plans are amended in the following manner;

- The door on the western elevation of the main building is to be

deleted and the wall made flush to the awning of the storage area, and

- The wall height of the main building is to be no greater than 7.0m above natural ground level.

- Privacy screens are to be attached to the windows and balcony of the second storey along the western elevation so as to obscure any view lines from these areas to the nearby residential development, and

- Details of the measures depicted in the recommendations of the Noise Impact Statement Prepared for Commtech P/L and submitted by the Applicant, and

- Landscaping is to be provided the entire frontage of the earthen mound.

- The developer is to provide on top of the existing earth mound a 1.8m high lapped and capped timber fence.

Plans incorporating the above amendments are to be submitted to

Council prior to the release of the Construction Certificate.

CONSTRUCTION REQUIREMENTS 4. Application may be made to Council or to an Accredited Certifier for the

issuing of a Construction Certificate and to be the Principal Certifying Authority monitoring compliance with the approval and issuing any relevant documentary evidence or certificate/s.

5. A Construction Certificate application for this development is to include

a list of fire safety measures proposed to be installed in the building/s and/or on the land. The list must describe the extent, capability and basis of design of each of the measures.


6. An Erosion and Sediment Control Plan for the development is to be

prepared and implemented in accordance with the LANDCOM guidelines and requirements as outlined in the latest edition of “Soils and Construction – Managing Urban Stormwater”. Points to be considered include, but are not limited to:

- saving available topsoil for reuse in the revegetation phase of the

subdivision; - using erosion control measures to prevent on-site damage; - rehabilitating disturbed areas quickly; - maintenance of erosion and sediment control structures.

7. The premises being provided with adequate toilet facilities and wash

hand basins for each sex in accordance with the provisions of the Building Code of Australia. Full details are to be included in the documentation for a Construction Certificate application.


details of compliance with Section J (Energy Efficiency) Building Code of Australia, Volume One.

9. All areas not provided with natural ventilation in accordance with the

provisions of the Building Code of Australia being provided with an approved mechanical ventilation system complying with Australian Standard 1668, Parts 1 and 2. Full details being provided with the Construction Certificate application.

10. In accordance with the provisions of section 94(1A) of the Environmental

Planning and Assessment Act 1979 and the Mid Western Regional Council Section 94 Contribution Plan, a contribution shall be paid to Council in accordance with this condition for the purpose of:

TOTAL PAYABLE $ 7000.00

11. All building work must comply with the requirements of the Building

Code of Australia and referred Australian Standards and the Environmental Planning and Assessment Act, 1979, as amended and Regulations.

12. Plumbing and drainage must be carried out by a licensed Plumber and

Drainer and be installed in accordance with Australian Standard 3500 (The National Plumbing and Drainage Code) and the New South Wales Code of Practice for Plumbing and Drainage.

13. All mandatory inspections required by the Environmental Planning and

Assessment Act and any other inspections deemed necessary by the Principal Certifying Authority in order to issue an Occupation Certificate being carried out during the relevant stages of construction.

NOTE: All plumbing and drainage inspections must be carried out by the

Council. 14. Prior to the occupation of a new building, an Occupation Certificate is to

be obtained from the Principal Certifying Authority appointed for the erection of the buildings. All building or site works or other written undertaking or obligation indicated in the submitted plans and supporting documentation or otherwise required under the terms of this consent being carried out or implemented prior to the occupation of the premises.



15. The site must be provided with a building waste enclosure having a minimum size of 1800mm square by 1200mm high prior to the commencement of any work and constructed to prevent litter being blown from the site. The enclosure is to be emptied periodically to reduce the potential for rubbish to be blown from the site.

16. All building or site works or other written undertaking or obligation

indicated on the submitted plans and supporting documentation or otherwise required under the terms of this consent being carried out or implemented prior to occupation of the premises.

17. A registered Surveyors Certificate showing the boundaries of the site

and the proposed buildings plotted thereon being submitted to the Principal Certifying Authority prior to the commencement of construction.

18. A registered Surveyors Certificate showing height of the building frame

members upon erection. Wall heights are to be no more than 7.0m above natural ground level and the ridge height is to be no higher than 8.4m above natural ground level.

19. Construction work that is audible at other premises is to be restricted to

the following times. Monday to Friday --- 7.00am to 6.00pm Saturday --- 8.00am to 1.00pm No construction work is permitted on Sundays and Public Holidays. 20. Toilet facilities must be provided at the nominated work site and for this

purpose provide either a standard flushing toilet or an approved sewage management facility.

21. A sign must be erected in a prominent position on any work site on

which the erection of a building is being carried out;

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

telephone number at which that person may be contacted outside working hours.

ENGINEERING WORKS 22. The aisle widths, internal circulation, ramp widths and grades of the car

park are to generally conform to the Roads and Traffic Authority guidelines and Australian Standard AS2980.1 – 2004. Details of compliance are to be shown on the relevant plans and specifications.

23. The driveway is to have a minimum width sufficient to allow

manoeuvring access in accordance with Roads & Traffic Authority standards and sealed with a hard standing, all weather material and must be maintained in a satisfactory condition at all times.

24. The applicant shall repair in accordance with Aus-Spec# 1 and Council

Standard Drawings any part of Council’s property damaged during the course of this development.

25 Vehicular entrances are to be provided at a suitable location to the

development. These should be constructed in accordance with Aus-Spec #1 and the appropriate Council standard drawings including M526-Industrial Access,


Which states;- Inspections - Concrete must not be poured until the excavation,

formwork and reinforcing has been inspected by Council. The contractor/owner must arrange an inspection by contacting Council's Technical Services Department between 8.00am and 4.30pm Monday to Friday, giving at least twenty four (24) hours notice. Failure to have the work inspected may result in the access being removed and reconstructed at the contractors/owners expense.

26. A site supervisor is to be nominated by the applicant prior to issue of

the Construction Certificate. A Traffic Control Plan (TCP) completed by a “Certified Person” for implementation during works is to be submitted to Mid Western Regional Council prior to any work commencing. Contractor’s insurance cover for a minimum of $10,000,000 (Ten million dollars) is to be sighted and to be shown to Mid Western Regional Council as an interested party. The applicant is to provide the total lengths of roadwork, piped stormwater drainage, sewer and water reticulation, prior to issue of the Construction Certificate. All work is to be at no cost to Council.

27. Stormwater is to be conveyed via a series of drains, pits and pipes to an

appropriate drainage system that includes provision for the on site detention of 80m3 and a discharge rate of no more than 63l/s. Details of the proposed disposal method are to be submitted to Council for approval prior to the commencement of that phase of the work.

GENERAL 28. The premise may not be used for any purpose other than in accordance

with this consent without the approval of Council. 29. A copy of the final Fire Safety Certificate (together with a copy of the

current fire safety schedule) is to be provided to the Commissioner of NSW Fire Brigades and a further copy of the Certificate (together with a copy of the current fire safety schedule) is to be prominently displayed in the building.

30. No signage is to be erected in association with this consent unless

otherwise permitted by the conditions of this consent. 31. All parking and manoeuvring areas are to be designed and constructed

in accordance with AS 2890.2 and Aus-Spec #1, such that the maximum dimension service vehicle likely to use the development may enter and exit the site in a forward direction.

32. The car park in the development must incorporate the provision of:-

Not less than 11 car parking spaces; and Not less than 7 car parking spaces in an informal area at the rear of the

site; and At least 1 space must be reserved disabled parking. 33. Car parking within the development with the exception of the informal

area is to comply with the following:

a) Each parking space is to have minimum dimensions of 5.5m x 2.6m;



b) Each disabled car parking space is to be in accordance with the provisions of Clause D3.5 of the Building Code of Australia and Australian Standard as 2890.1 – 1993;

c) All car parking spaces are to be line-marked and sealed with a hard

standing, all weather material and must be maintained in a satisfactory condition at all times;

d) Off street parking is to be encouraged by the placement of

prominent signs indicating the available of parking.

34. There being no interference with the amenity of the neighbourhood by reason of the emission of any " offensive noise", vibration, smell, fumes, smoke, vapour, steam, soot, ash or dust, or otherwise as a result of the proposed development.

35 Noise associated with the use of mechanical plant and equipment must

not give rise to any one or more of the following:

(a) Transmission of “offensive noise” as defined in the Protection of the Environment Operations Act 1997 to any affected receiver.

(b) A sound pressure level at the boundary of any affected receiver

that exceeds the background (LA90, 15minutes) noise level by more than 5dB. The background noise level must be measured in the absence of noise emitted from the use in accordance with Australian Standard AS1055.

Note: The method of measurement of vibration being carried out in

accordance with "assessing Vibration; Technical Guidelines" – DEC (EPA) AS1055 for sound level measurements.

36. Following occupation of the building/premises, should it be found that

the measures recommended in the acoustic assessment are not sufficient, incorrectly implemented or a noise issue (relating to the development) not previously identified arises, the person/s entitled to act on the development consent shall employ the services of a qualified acoustic consultant to undertake an assessment of the development and will undertake all work required by the consultant, implement any recommendation made by the consultant and adhere to any further direction given by Council in relation to noise abatement.

37. All loading and unloading in connection with the premises shall be

carried out wholly within the site. 38. Adequate facilities being provided for the storage of garbage, discarded

or returnable packaging or other forms of wastes and arrangements being made for the regular removal and disposal of same.

39. Building materials shall not be placed on Council's footpaths or grass

verges and a suitable sign to this effect shall be erected adjacent to the street alignment.

40. The applicant shall advise Council’s Asset Department in writing of any

existing damage to Council property before commencement of works. 41. The applicant shall repair in accordance with Aus-Spec# 1 and Council



42. The use of the buildings for the purposes of steel fabrication and ancillary functions is permitted under this consent. Prior to the use of the buildings for any other purposes, a separate development consent must be obtained approving such use. Any signage associated with any future use of the buildings located within the approved signage provisions as indicated on the stamped approved plans does not require further approval.

43. A certificate of approval for the disposal of Liquid trade wastes

generated by the development is to be obtained from the relevant Authority prior to the commencement of the use of the premise.

44. Portable signs or goods, commonly described as „sandwich boards‟

and the like for sale or display shall not be placed on the footway or other public areas.

45. Adequate facilities being provided in a screened location within the

premises for the storage of garbage, discarded or returnable packaging or other forms of trade wastes and arrangements being made for the regular removal and disposal of same. All waste generated by the proposed development shall be disposed of to an approved location in accordance with the Waste Minimization & Management Act 1995.

46. No goods to be stored or displayed between the front building line and

the public road frontage 47. All work and associated equipment are to be contained wholly within the

building. 48. The hours of operation are not to exceed Monday to Friday 7.00Am to

5.30 Pm and 8.00Am to 1.30Pm on Saturday, no operations are permitted on Sundays.

49. The use of the premises must incorporate facilities that will prevent the

discharge of any pollutant, which may degrade the environment or be prejudicial to its inhabitants including but not limited to:

(a) All pollution control devices (including drainage systems, sumps

and traps) must be regularly maintained; (b) All liquid wastes must be collected and disposed of in a manner

which does not pollute the stormwater system; (c) Detergents used to clean vehicles, mechanical parts or workshop

floors are to be quick-break type only; (d) Oil spills should be dry cleaned prior to washdown; (e) All storage areas where spillages may reasonably occur shall be

bunded. The capacity of the bunded area shall be calculated as being equal to 110% of the largest vessel or container in the area or 10% of the total volume of vessels/containers accommodated in the area, whichever is greater. All bunded areas shall be graded to a blind sump to facilitate testing of collected wastewater and provide a low point for pump out. Bunded areas shall be suitably treated to prevent the ingress of water.

(f) The repair, servicing and maintenance of all vehicles must take

place in a bunded work bay drained holding tank or like device so that any liquid wastes produced from such repair, servicing, and maintenance can either be:



Retained for recycling or; Disposed of in accordance with the requirements of the Water Authority



95/13 MOTION: Walker/Weatherley

That Council staff negotiate with existing landholders about the extension of a 1.8m high lapped and capped timber fence on top of the existing earth mound.


6.1.5 ALTERNATE SITES FOR TEMPORARY WORKERS ACCOMMODATION A0100056, A0100035, P2106461

The Group Manager Development and Community Services declared a pecuniary conflict of interest and advised that she has had no part in the preparation of the report, left the meeting at 7.44pm and had no part in debate on this matter. The General Manager advised the meeting that his recollection of the debate on this matter at the Council Meeting on 20 February 2013 was that in passing the motion under Minute No. 57/13, the clear intention of the Council was that the approval was to be limited to a period of two (2) years. He went on to comment that the minutes were therefore incorrect and that for Council to correct this error it would need to rescind that earlier decision and pass a new motion containing the correct time limit in Clause 50. 96/13 MOTION: Martens/White That the resolution of the 20 February 2013 Council Meeting on in relation to Development Application No. 0181/2013 for the Proposed Temporary workers Accommodation, 100 Durridgere Road, Turill, being Minute No. 57/13 be and is hereby rescinded. The motion was put and carried with Councillors voting as follows:


97/13 MOTION: Walker/Weatherley


That Development Application No. 0181/2013 for the Proposed Temporary Workers Accommodation, 100 Durridgere Road, Turill for a period of two (2) years (refer to condition 50) be approved in accordance with the following conditions of consent; APPROVED PLANS 1. Development is to be carried out generally in accordance with the

approved plans (Site and Locality Plan) drawn by Moolarben Coal dated 21/09/2012 and building plans by MBS modular building systems dated 15/06/2012 and statement of Environmental Effects prepared by Parsons Brinckerhoff dated October 2012 and Addendum by Moolarben Coal Operations dated January 2013 except as modified by the conditions listed herein. Any minor modification to the approved plans will require the lodgement and consideration by Council of amended plans. Major modifications will require the lodgement of a new development application.

AMENDMENTS

2. Accessible units are to be provided within the development site in

accordance with AS 1428.1 2009, the Building Code of Australia and the Access to Premises Code.

3. All communal facilities are to be provided with accessible features in

accordance with the AS 1428.1 2009, the Building Code of Australia and the Access to Premises Code

PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE The following conditions must be complied with prior to the Principal Certifying Authority (PCA) issuing a Construction Certificate. The conditions are required to satisfy the PCA that the proposal is consistent with the applicable development consent, the Building Code of Australia and any Australian Standards that are relevant.

4. The applicant is to demonstrate that the additional water supply required by the development can be satisfactorily provided through the licensed bore prior to the issue of the Construction Certificate. Full details including evidence of an appropriate license from the NSW Office of Water for a minimum of 8 mega litres is required.

5. Separate written application must be made under Section 68 of the Local

Government Act 1993, as amended, to Council for all water supply, sewerage and drainage work associated with the development. Full details of the method of disposal of the sewerage/grey water must be submitted to the Council for approval prior to the issue of the Construction Certificate.

6. The proposed sewerage treatment system and irrigation areas are to

comply with the Environmental Guidelines – Use of Effluent for Irrigation by the Department of Environment and Conservation. A report shall be prepared and submitted to Council for approval with the application under Section 68 of the Local Government Act for an onsite sewage management system.


and the proposed building plotted thereon being submitted to the Principal Certifying Authority before construction is commenced.



8. Details of the engineered designed footings, wall and roof framing structural components of the building must be submitted with the required Construction Certificate.

9. In accordance with the provisions of section 94A of the Environmental

Planning and Assessment Act 1979 and the Mid-Western Regional Council Section 94A Development Contributions Plan, a levy of 1% of the cost of carrying out the development shall be paid to Council in accordance with this condition for the purpose of:

The levy is: $95,000.00 based on the estimated cost of development of

$9,500,000.00. 10. The Principal Certifying Authority (PCA) is to be provided with details

regarding the provision of essential fire safety services in accordance with the BCA and relevant Australian Standards.

11. If the Construction Certificate is not issued, for any reason whatsoever,

within twelve (12) months of the date of determination, then the charges and contributions contained in this consent, may be increased to the current rate at the time of payment.

A site supervisor is to be nominated by the applicant prior to issue of

the Construction Certificate. 12. A Traffic Control Plan (TCP) completed by a “Certified Person” for

implementation during works is to be submitted to Mid Western Regional Council prior to any work commencing. Contractor’s insurance cover for a minimum of $10,000,000 (Ten million dollars) is to be sighted and to be shown to Mid Western Regional Council as an interested party.

13. Complete landscaping plans are to be submitted to Council for approval

prior to issue of a Construction Certificate. The site is to be provided with landscaped grounds for the use and enjoyment of the residents. All landscaping is to be established prior to occupation of the development and consist of advanced trees and shrubs. Tree and shrub species should be endemic to the Mid-Western Regional Local government Area, require minimal watering and be salt resistant.

14. The applicant is to carry out an Environmental assessment and

remediation where necessary of the subject site prior to issue of the Construction certificate. The Environmental Assessment must stipulate that the land is suitable for the proposed accommodation village.

PRIOR TO THE COMMENCEMENT OF WORKS

These conditions are required to ensure that the site is ready for construction works to commence and satisfy the provisions of the Environmental Planning and Assessment Act 1979 and the Building Code of Australia.



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



16. Prior to the commencement of any construction works, the following provisions of the Environmental Planning and Assessment Act 1979 (the Act) are to be complied with: a) A Construction Certificate is to be obtained in accordance with

Section 81A(2)(a) of the Act. b) A Principal Certifying Authority is to be appointed and Council is to

be notified of the appointment in accordance with Section 81A(2)(b) of the Act.

c) Council is to given at least 2 days notice of the date intended for commencement of building works, in accordance with Section 81A(2)(c) of the Act.

17. Erosion and sediment control measures being implemented prior to the

commencement of works and must be maintained during the period of construction to prevent sediment and other debris escaping from the site. Controls are not to be removed until the site is stable with all bare areas supporting an established vegetative cover.

18. During construction temporary toilet facilities are to be provided at or in

the vicinity of the nominated work site and for this purpose provide either a standard flushing toilet or an approved sewage management facility.

19. The proposed method(s) of compliance with the Building Code of

Australia are to be clarified by documentation to be submitted with the Construction Certificate Application. In this regard, it appears that the Development Application plans do not comply with the following deemed-to-satisfy provisions of the BCA; a) Section F2.4 -Facilities for people with disabilities. b) Part D3 - Access for people with disabilities. c) Section E - in particular, E1 Fire fighting equipment, specifically

the provision of fire hydrants and fire hose reels compatible to on-site water storage for fire fighting.

d) E4 Emergency lighting and exit signs. e) Section J - Energy efficiency (offices) f) Section C - Fire resistance, in particular Type C Fire Resisting

Construction of walls

20. A construction management plan is to be prepared for the development that has considered the impact of the construction phase of the project on adjoining properties.

BUILDING CONSTRUCTION These conditions are provided to ensure that adequate standards are being observed during the construction phase of the development.

21. The site must be provided with a waste enclosure (minimum 1800mm x 1800mm x 1200mm high) that has a lid or secure covering for the duration of the construction works. The enclosure is to be emptied periodically to reduce the potential for rubbish to be blown from the site. Council encourages the separation and recycling of suitable materials.

NOTE: ALL WASTE GENERATED FROM THE CONSTRUCTION

PROCESS IS TO BE CONTAINED ON-SITE. 22. A sign must be erected in a prominent position on any work site on




— stating that unauthorised entry to the work site is prohibited, and — showing the name of the person in charge of the work site and a


23. The strength of the concrete used for the development must be 25MPa

(N25) 24. Construction work noise that is audible at other premises is to be

restricted to the following times: Monday to Friday - 7.00am to 6.00pm Saturday - 8.00am to 1.00pm No construction work noise is permitted on Sundays or Public Holidays. 25. All building work must comply with the requirements of the National

Construction Code 2013, together with the relevant Australian Standards and also the Environmental Planning and Assessment Act, 1979, as amended, and Regulations.


Assessment Act and any other inspections deemed necessary by the Principal Certifying Authority must be carried out during the relevant stages of construction.

27. All plumbing and drainage work must be carried out by a licensed

plumber and drainer and must comply with the requirements of AS 3500 (National Plumbing & Drainage Code) and the NSW Code of Practice - Plumbing & Drainage.

28. The selected plumber/drainer must provide Council with a drainage

diagram detailing the location of the drainage system and the relevant connections.

29. All plumbing and drainage inspections must be carried out by Council

prior to the covering of any trenches or wall/ceiling linings. 30. The development must be provided with car parking spaces and with

adequate means of access for persons with disabilities in order to comply with Australian Standard 2809.6 – 2009 (Parking facilities – Off street parking for people with disabilities) the Building Code of Australia and the Access to Premises Code. Full details must be provided with the Construction Certificate.

31. The development must be provided with sanitary facilities for people

with disabilities in order to comply with Australian Standard 1428 2009 (Design for access and mobility), the Building Code of Australia and the Access to Premises Code. Full details must be provided with the required Construction Certificate


provisions of the Building Code of Australia being provided with an approved mechanical ventilation and/or air conditioning system complying with Australian Standard 1668, Parts 1 and 2.

33. The rainwater tanks used as a potable water supply for human

consumption, in particular, the supply to the amenities within the building, must be protected from contamination from industrial and urban traffic emissions, dead animals, mosquitoes, dust, pesticides, bushfires and any other form of contamination.


34. Details of the method of protection of the water supply from contamination and the method of the subsequent implementation of a testing regime of the water supply must be designed by an approved hydraulic engineer and submitted to Council’s Health & Building section prior to the issue of an Occupation Certificate.

ENGINEERING CONSTRUCTION 35. The developer is to upgrade Durridgere Road from the Ulan Road/

Durridgere Road intersection to the proposed access in accordance with Austroads and the following minimum specifications: a) Carriageway width – 9m b) sealed width 7m c) seal type – 14/7 mm double-double d) standard cross-section with 3% fall and max 7% superelevation e) Pavement thickness – min 150mm (Pavement design to be

submitted with construction certificate plans to confirm pavement thickness.

A Construction certificate is to be lodged with Council for the proposed

works and include consultation with the Roads and Maritime Services (RMS).

35A. The developer is to upgrade Ulan Road from the Ulan mine underground

entrance to the intersection with Durridgere Road in accordance with the following specifications:

(a) carriageway width 11m (b) sealed width 7m (c) seal type – 14/7 mm double-double (d) standard cross-section with 3% fall and max 7% superelevation (e) pavement thickness – min 150mm (pavement design to be submitted

with construction certificate plans to confirm pavement thickness.) (f) the bridge over the Goulburn River (adjacent to The Drip entrance) to

be widened by 2 metres (1 metre either side).

36. The intersection of Durridgere Road and Ulan Road should be upgraded to include a basic Left Turn (BAL) and a channelized Right Turn Treatment Short [CHR(s)] facilities in Ulan Road in accordance with Figures 8.2 & 7.6 Part 4A Austroads 2010 respectively.

A Construction certificate is to be lodged with Council for the proposed

works and include consultation with the Roads and Maritime Services (RMS).

37. The access from Durridgere Road servicing the development should be

constructed in accordance with Austroad Guide to Road Design: Part 4 Figure 7.4 'standard rural property access' (copy attached) and any relevant RMS Supplements. The access should be sealed a minimum of 10 meters from the edge of the travel lane in Ulan Road, match existing road levels and not interfere with existing road drainage.

38. To provide suitable storage capacity for the largest class of vehicle

accessing the proposed development, any gate, grid or similar structure installed in the access should be setback appropriately (20m for single articulated and 30m for B Double) from the edge of the road.

39. Upgraded intersection and accesses should be provided with laybys on

the departure side for school bus stops in accordance with Figure 7.4 Part 4 Austroads 2010. Extensions to the departure side should be a



minimum length of fifteen meters plus tapers to accommodate school buses;

40. Proposed access treatments should be in accordance with Austroads

Guide to Road Design 2010 and RMS Supplements including safe intersection sight distance.

When the access is complete, Council must be contacted to inspect the

access and assign a rural road number. 41. All earthworks, filling, building, driveways or other works, are to be

designed and constructed (including stormwater drainage if necessary) so that at no time will any ponding of storm water occur on adjoining land as a result of this development.

42. Vehicular entrances comprising concrete driveways and footway

crossings are to be provided to the development. These should be constructed in accordance with Aus-Spec #1 and Council standard drawing M525-Rural Access, as outlined in Council’s “Access to Properties Policy”.

43. A total of 325 car parking spaces are to be provided within the site of the

development and comply with the following requirements: a) Each parking space is to have minimum dimensions of 5.5m x

2.6m; b) Each disabled car parking space is to be in accordance with the

provisions of Councils Development Control Plan – Design for Accessibility.

c) All car parking spaces are to be line-marked and provided with a two coat bitumen seal and must be maintained in a satisfactory condition at all times;

d) Off street parking is to be encouraged by the placement of prominent signs indicating the available of parking.

44. The aisle widths, internal circulation, ramp widths and grades of the car

park are to generally conform to the Roads and Traffic Authority (RTA) guidelines and Australian Standard AS 2890.1 – 1993. Details of compliance are to be shown on the relevant plans and specifications.

45. Internal Roads shall be sealed with a minimum of 6 metres for two way

traffic and 3.5 for one way. Turning heads shall be a minimum radius of 8.5 m. Provision of Kerb and Gutter is optional for internal access roads, but if provided shall comply with Council’s Residential Standards.

46. Internal roads shall be designed to a 40km/h minimum speed. Actual

speed limits within the development should be limited to 10km/hr for shared zones and signposted accordingly. Traffic regulatory, warning and guide signs throughout the development should be in accordance with AS1742.

PRIOR TO ISSUE OF THE OCCUPATION CERTIFICATE The following conditions are to be completed prior to occupation of the

building and are provided to ensure that the development is consistent with the provisions of the Building Code of Australia and the relevant development consent.

47. Prior to the occupation of a new building, or occupation or use of an

altered portion of, or an extension to an existing building, an Occupation Certificate is to be obtained from the Principal Certifying Authority appointed for the erection of the building. An application for an


Occupation Certificate must be set out in the form of the relevant part of Form 12 of the Environmental Planning and Assessment Regulations and must be accompanied by the relevant information required by Form 12.

48. On completion of the building work, the owner/agent of the building

must cause the Council to be provided with a Final Fire Safety Certificate from a competent person with respect to each essential service nominated in the Fire Safety Schedule issued with the Construction Certificate.


indicated in the submitted plans and supporting documentation or otherwise required under the terms of this consent being carried out or implemented prior to the occupation of the premises.

GENERAL The following conditions have been applied to ensure that the use of the

land and/or building is carried out in a manner that is consistent with the aims and objectives of the environmental planning instrument affecting the land.

50. This approval is limited to two (2) years from the commencement of

construction of the Stage 2 Moolarben Coal Project and the facility shall be decommissioned in accordance with the approved Decommissioning Plan within six (6) months of the closure of the facility.

51. The development is to be operated in a manner such that the residents

of the temporary workers accommodation facility (the construction workforce) must utilise the bus service to and from the mine site. This is to be a part of their contract to stay at the facility. Evidence is to be submitted prior to issue of the Occupation certificate that this is the case.

52. The development is to only occur in conjunction with the construction of

Stage 2 of the Moolarben Coal Project and is only to be used to house these construction workers.

53. Within 6 months of the commissioning of the temporary workers’

accommodation facility, Council will be provided with a lux diagram (light spillage) and noise assessment of the operating facliity to demonstrate that the facility complies with the relevant Australian standard (AS 4282) and Industrial Noise Policy.

54. The proposed development is not to rely on any other water supply

other than water generated from onsite. This may include roof water capture, reuse of treated water and licensed bore water.

Should the development run out of water, then it will close down until

water supplies have been supplemented by further rain fall or bore water.

Alternatively, the piping of water to the site from Ulan Coal Mine Limited

would also be considered satisfactory providing there was a legal agreement to access water and this agreement was for the same period of time that the temporary workers accommodation facility was approved.

55. A Decommissioning Plan in accordance with Council’s Temporary

Workers Accommodation DCP is to be prepared and approved by



Council prior to the issue of the Occupation Certificate for the development.

56. A Plan of Management, including the identification and amelioration of

social impacts, in accordance with Council’s Temporary Workers Accommodation DCP is to be prepared and approved by Council prior to the issue of the Occupation Certificate for the development. The Plan of Management is to include to the following matters; • Security and management of residents onsite; • Rules regarding alcohol consumption and the wet mess; • Off limit areas of the site and surrounding locality; • Provision of a physical barrier around the village; • Isolation and maintenance of the identified cultural heritage items; • Use of the bus service to and from the mine site/ camp;

57. All vehicles are required to enter and leave the site in a forward direction

at all times. Signage to this effect is to be appropriately located within the site.


carried out wholly within the site. 59. All exterior lighting associated with the development shall be designed

and installed so that no obtrusive light will be cast onto any adjoining property or roadways, in accordance with Australian Standard 4282 “Control of the Obtrusive Effects of Outdoor Lighting”.

60. All waste generated by the proposed development shall be disposed of

to an approved location in accordance with the Waste Minimization & Management Act 1995.

61. Rural fencing is to be provided to the perimeter of the village site to act

as a visual barrier for the occupants. Full details of proposed fencing and location are to be included on the landscaping plan.


premises for the storage of garbage, discarded or returnable packaging or other forms of trade wastes and arrangements being made for the regular removal, recycling and disposal of waste.

63. There being no interference with the amenity of the neighbourhood by

reason of the emission of any " offensive noise", vibration, smell, fumes, smoke, vapour, steam, soot, ash or dust, or otherwise as a result of the proposed development.

64. A public address system or sound amplifying equipment shall not,

without the consent of Council, be installed in or upon the premises so as to cause or permit the emission of sound onto any public place or nearby residential area.

65. The proposed sewerage treatment plant and effluent disposal area are to

be a minimum of 250 metres from a bore and 100 metres from a prescribed creek or water way.

66. If any aboriginal artefacts are uncovered or identified during

construction earthworks, such work is to cease immediately and the local aboriginal community and National Parks and Wildlife Service are to be notified. (Note: A suitably qualified person would be required to be present during earthworks to identify whether any artefacts were uncovered).


AMENDMENT: White/Martens

That the decision of the Temporary Workers Accommodation at 100 Durridgere Road Turill be deferred pending the review by the applicant on the capability and suitability of alternative sites that are within 5 kilometres' of the proposed stage 2 mining lease..

The amendment was put and lost with Councillors' voting as follows.




The Group Manager Development and Community Services returned to the meeting at 8.14pm.

3.3 6.2 REPORTS TO COUNCIL

6.2.1 DA 0200/2013 - PROPOSED INDUSTRIAL WORKSHOP BUILDING, LOT 17 DP 1165148, 47-51 DEPOT ROAD, MUDGEE

A0100056, P2106361 98/13 MOTION: Walker/Shelley That:

A. the report by the Statutory/Strategic Planner regarding DA 0200/2013 – Proposed Industrial Building, Lot 17 DP 1165148, 47-51 Depot Road Mudgee is received;

B. Development Application for the erection of an industrial building at Lot

17 DP 1165148, 47-51 Depot Road Mudgee is granted development consent subject to the following conditions;

C. Council permit the encroachment of the awning into the positive

covenant and restriction as to user that is the acoustic mound at the rear of the site.



APPROVED DEVELOPMENT

Development is to be carried out generally in accordance with the plans referred to in the table below and the Application received by Council on 1 November 2012 except as varied by the conditions listed herein. Any minor modification to the approved plans will require the lodgement and consideration by Council of amended plans. Major modifications will require the lodgement of a new development application.

Plan Description Drawing

No: Issue: Drawn By Dated

Amenities for Disabled

5 A Preferred Design and Drafting

06.09.2012

Site and Landscape Plan

1 A Preferred Design and Drafting

12.09.2012

Floor Plan 2 A Preferred Design and Drafting

22.05.2009

Elevations 3 A Preferred Design and Drafting

22.05.2009

CONSTRUCTION REQUIREMENTS A Construction Certificate application for this development is to include a list of fire safety measures proposed to be installed in the building/s and/or on the land. The list must describe the extent, capability and basis of design of each of the measures. An Erosion and Sediment Control Plan for the development is to be prepared and implemented in accordance with the LANDCOM guidelines and requirements as outlined in the latest edition of “Soils and Construction – Managing Urban Stormwater”. Points to be considered include, but are not limited to:

saving available topsoil for reuse in the revegetation phase of the subdivision;

using erosion control measures to prevent on-site damage; rehabilitating disturbed areas quickly; maintenance of erosion and sediment control structures.

4. The premises being provided with adequate toilet facilities and wash

hand basins for each sex in accordance with the provisions of the Building Code of Australia. Full details are to be included in the documentation for a Construction Certificate application.


details of compliance with Section J (Energy Efficiency) Building Code of Australia, Volume One.


provisions of the Building Code of Australia being provided with an approved mechanical ventilation system complying with Australian Standard 1668, Parts 1 and 2. Full details being provided with the Construction Certificate application.

7. All building work must comply with the requirements of the Building

Code of Australia and referred Australian Standards and the Environmental Planning and Assessment Act, 1979, as amended and Regulations.


8. Plumbing and drainage must be carried out by a licensed Plumber and Drainer and be installed in accordance with Australian Standard 3500 (The National Plumbing and Drainage Code) and the New South Wales Code of Practice for Plumbing and Drainage.


Assessment Act and any other inspections deemed necessary by the Principal Certifying Authority in order to issue an Occupation Certificate being carried out during the relevant stages of construction.

NOTE: All plumbing and drainage inspections must be carried out by the

Council. 10. Prior to the occupation of a new building, an Occupation Certificate is to

be obtained from the Principal Certifying Authority appointed for the erection of the buildings. All building or site works or other written undertaking or obligation indicated in the submitted plans and supporting documentation or otherwise required under the terms of this consent being carried out or implemented prior to the occupation of the premises.

11. The site must be provided with a building waste enclosure having a

minimum size of 1800mm square by 1200mm high prior to the commencement of any work and constructed to prevent litter being blown from the site. The enclosure is to be emptied periodically to reduce the potential for rubbish to be blown from the site.


indicated on the submitted plans and supporting documentation or otherwise required under the terms of this consent being carried out or implemented prior to occupation of the premises.


and the proposed buildings plotted thereon being submitted to the Principal Certifying Authority prior to the commencement of construction.

14. A registered Surveyors Certificate showing height of the building frame

members upon erection. Wall heights are to be no more than 7.0m above natural ground level and the ridge height is to be no higher than 8.4m above natural ground level.

15. Construction work that is audible at other premises is to be restricted to

the following times.

Monday to Saturday – 7.00am till 5.00pm No construction work is permitted on Sundays and Public Holidays.

16. Toilet facilities must be provided at the nominated work site and for this

purpose provide either a standard flushing toilet or an approved sewage management facility.


which the erection of a building is being carried out; a) stating that unauthorised entry to the work site is prohibited, and b) showing the name of the person in charge of the work site and a




18. Additional acoustic attenuation measures must be included inside the building as per the recommendations within the Noise Assessment Report prepared by Commtech Acoustic Consultants dated 11 February 2013. Details of such measures are to be submitted to Council prior to the issue of a Construction Certificate.

Reason: To attenuate noise at its source. ENGINEERING WORKS 19. A revised car parking plan is required to be submitted prior to the issue

of a Construction Certificate. All car parking spaces and manoeuvring areas are to comply with Australian Standard AS28901:2004. Disabled car parking spaces are to comply with AS2890.6:2009

20. The aisle widths, internal circulation, ramp widths and grades of the car

park are to generally conform to the Roads and Traffic Authority guidelines and Australian Standard AS2980.1 – 2004. Details of compliance are to be shown on the relevant plans and specifications.

21. The driveway is to have a minimum width sufficient to allow

manoeuvring access in accordance with Roads & Traffic Authority standards and sealed with a hard standing, all weather material and must be maintained in a satisfactory condition at all times.



23. Vehicular entrances are to be provided at a suitable location to the

development. These should be constructed in accordance with Aus-Spec #1 and the appropriate Council standard drawings including M526-Industrial Access, which states;-

Inspections - Concrete must not be poured until the excavation,

formwork and reinforcing has been inspected by Council. The contractor/owner must arrange an inspection by contacting Council's Technical Services Department between 8.00am and 4.30pm Monday to Friday, giving at least twenty four (24) hours notice. Failure to have the work inspected may result in the access being removed and reconstructed at the contractors/owners expense.

24. A site supervisor is to be nominated by the applicant prior to issue of

the Construction Certificate. A Traffic Control Plan (TCP) completed by a “Certified Person” for implementation during works is to be submitted to Mid Western Regional Council prior to any work commencing. Contractor’s insurance cover for a minimum of $20,000,000 (Twenty million dollars) is to be sighted and to be shown to Mid Western Regional Council as an interested party. The applicant is to provide the total lengths of roadwork, piped stormwater drainage, sewer and water reticulation, prior to issue of the Construction Certificate. All work is to be at no cost to Council.

25. Stormwater is to be conveyed via a series of drains, pits and pipes to an

appropriate drainage system that includes provision for the onsite detention of 70m3 and a discharge rate of no more than 35L/s. Details of the proposed disposal method are to be submitted to Council for approval prior to the commencement of that phase of the work.

GENERAL CONDITIONS


26. An amended landscaping plan is required, with all landscaping forward of the building line to have minimum dimensions of 3 metres x 1 metre. The entire earth bunded acoustic barrier is to be landscaped, with species anticipated to have a final mature height of 3-5 metres. Landscaping is to consist of advanced trees and shrubs which require minimal watering and are endemic to the area.

Reason: To improve the appearance of the building when viewed from the street and adjoining residential areas.

27. The premise may not be used for any purpose other than light industry,

as defined under the Mid-Western Regional Local Environmental Plan 2012, and the conditions of this consent without the approval of Council. A development application is required to be submitted for each and every use of the site.

28. A copy of the final Fire Safety Certificate (together with a copy of the

current fire safety schedule) is to be provided to the Commissioner of NSW Fire Brigades and a further copy of the Certificate (together with a copy of the current fire safety schedule) is to be prominently displayed in the building.

29. No signage is to be erected in association with this consent unless

otherwise permitted by the conditions of this consent. 30. Car parking within the development with the exception of the informal

area is to comply with the following:

a) Each parking space is to have minimum dimensions of 5.4m x 2.4m;

b) Each disabled car parking space is to be in accordance with the

provisions of Clause D3.5 of the Building Code of Australia and Australian Standard as 2890.6 – 2009;

c) All car parking spaces are to be line-marked and sealed with a hard

standing, all weather material and must be maintained in a satisfactory condition at all times;

d) Off street parking is to be encouraged by the placement of

prominent signs indicating the available of parking.

31. There being no interference with the amenity of the neighbourhood by reason of the emission of any " offensive noise", as detailed in condition 32, vibration, smell, fumes, smoke, vapour, steam, soot, ash or dust, or otherwise as a result of the proposed development

32. Noise associated with the use of mechanical plant and equipment must

not give rise to any one or more of the following:

a) Transmission of “offensive noise” as defined in the Protection of the Environment Operations Act 1997 to any affected receiver.

b) A sound pressure level at the boundary of any affected receiver that exceeds the background (LA90, 15minutes) noise level by more than 5dB. The background noise level must be measured in the absence of noise emitted from the use in accordance with Australian Standard AS1055.

Note: The method of measurement of vibration being carried out in

accordance with "assessing Vibration; Technical Guidelines" – DEC (EPA) AS1055 for sound level measurements.



33. Following occupation of the building/premises, should it be found that the measures recommended in the acoustic assessment are not sufficient, incorrectly implemented or a noise issue (relating to the development) not previously identified arises, Council will require the person/s entitled to act on the development consent to employ the services of a qualified acoustic consultant to undertake an assessment of the development and undertake all work required by the consultant, implement any recommendation made by the consultant and adhere to any further direction given by Council in relation to noise abatement.


carried out wholly within the site. 35. Any outdoor lighting shall be directed away from residential areas and

shall comply with Australian Standard AS4282-1997 – ‘Control of the obtrusive effects of outdoor lighting’.

36. Building materials shall not be placed on Council's footpaths or grass

verges and a suitable sign to this effect shall be erected adjacent to the street alignment.

37. The applicant shall advise Council’s Development Engineer in writing,

and accompanied by photographic evidence, of any existing damage to Council property before commencement of works.


Standard Drawings any part of Council’s property damaged during the course of this development, at the applicants full cost .

39. A certificate of approval for the disposal of Liquid trade wastes

generated by the development is to be obtained from the relevant Authority prior to the commencement of the use of the premise.

40. Portable signs or goods, commonly described as “sandwich boards‟

and the like for sale or display shall not be placed on the footway or other public areas.


premises for the storage of garbage, discarded or returnable packaging or other forms of trade wastes and arrangements being made for the regular removal and disposal of same. All waste generated by the proposed development shall be disposed of to an approved location in accordance with the Waste Minimization & Management Act 1995.

42. No goods to be stored or displayed between the front building line and

the public road frontage. 43. With the exception of the awning overhang, all works and associated

equipment are to be contained wholly within the building. 44. The hours of operation of any future light industrial activity shall not to

exceed Monday to Friday 7.00Am to 5.30 Pm and 8.00am to 1.30pm on Saturday; no operations are permitted on Sundays or Public Holidays.

45. All security fencing is to be pre-coloured or powder-coated and

transparent in design. The fencing is to be located behind the building line. The fence must not exceed 1.8m in height.

46. A 1.8m high lapped and capped timber fence is to be constructed along

the top of the earth bunded acoustic barrier to provide additional noise attenuation and to further screen the development from residential


areas. The fence is to be constructed of overlapping timber palings, and is to be erected prior to the commencement of any work on site.

47. All landscaping shall be completed to the satisfaction of the Principal

Certifying Authority prior to the issue of an Occupation Certificate. 48. The use of the premises must incorporate facilities that will prevent the

discharge of any pollutant, which may degrade the environment or be prejudicial to its inhabitants including but not limited to:

a) All pollution control devices (including drainage systems, sumps

and traps) must be regularly maintained; b) All liquid wastes must be collected and disposed of in a manner

which does not pollute the stormwater system; c) Detergents used to clean vehicles, mechanical parts or workshop

floors are to be quick-break type only; d) Oil spills should be dry cleaned prior to washdown; e) All storage areas where spillages may reasonably occur shall be

bunded. The capacity of the bunded area shall be calculated as being equal to 110% of the largest vessel or container in the area or 10% of the total volume of vessels/containers accommodated in the area, whichever is greater. All bunded areas shall be graded to a blind sump to facilitate testing of collected wastewater and provide a low point for pump out. Bunded areas shall be suitably treated to prevent the ingress of water.

f) The repair, servicing and maintenance of all vehicles must take

place in a bunded work bay drained holding tank or like device so that any liquid wastes produced from such repair, servicing, and maintenance can either be:

g) Retained for recycling or; h) Disposed of in accordance with the requirements of the Water

Authority. The motion was put and carried with Councillors voting as follows:




6.2.2 DA0134-2013 – PROPOSED DUAL OCCUPANCY – LOT 2 DP 700501 & LOT 1 DP 202902 41 MADEIRA ROAD MUDGEE

A0100056, P0154262 99/13 MOTION: Shelley/Walker That:

A. the report by the Statutory/Strategic Planner on the DA0134-2013 – Proposed Dual Occupancy – Lot 2 DP 700501 & Lot 1 DP 202902 41 Madeira Road Mudgee be received;

B. That Development Application number 0134/2013 for the erection of a

dual occupancy and subdivision on Lot 2 DP 700501 and Lot 1 DP 202902, 41 Madeira Road Mudgee be granted development consent subject to the following conditions;

APPROVED DEVELOPMENT 1. This consent relates to the erection of a detached dual occupancy as

illustrated on the plans, specifications and supporting documentation received by Council stamped with reference to this consent, as modified by the following conditions. The development shall be carried out in accordance with this consent.

2. The development is to be carried out generally in accordance with the

stamped approved plans drawn by Cameron Anderson Architects. Notes: Any alteration to the plans and/or documentation shall be submitted for

the approval of Council. Such alterations may require the lodgement of an application to amend the consent under s96 of the Act, or a fresh development application. No works, other than those approved under this consent, shall be carried out without the prior approval of Council.

Where there is an inconsistency between the documents lodged with this application and the following conditions, the conditions shall prevail to the extent of that inconsistency.

GENERAL 3. If any Aboriginal artefacts are uncovered or identified during

construction earthworks, such work is to cease immediately and the local aboriginal community and National Parks and Wildlife Service are to be notified.

4. The developer shall, at their own expense, engage a registered surveyor

to relocate any survey mark that may be disturbed by the development or any associated work. Any information regarding relocation should be supplied to the Land Titles Office and Council.

5. Prior to the occupation of a new building, an Occupation Certificate

must be obtained from the Principal Certifying Authority appointed for the erection of the building.

6. A 1.8 metre high screen fence is to be provided to all side and rear

boundaries prior to occupation of the development. The fence shall be erected at natural ground level. All fencing is to be provided at full cost to the developer.

7. Outdoor drying facilities and letterboxes are to be provided for each unit

prior to the occupation of the dwellings.


8. Switchboards for gas, electricity, etc., must not be attached to the front

or street facing elevations of the buildings. 9. Landscaping is to be carried out in accordance with the approved plan

and maintained for the life of the development.

PRIOR TO THE COMMENCEMENT OF WORK

10. The site must be remediated in accordance with: (a) An approved Remedial Action Plan, (b) State Environmental Planning Policy No. 55 – Remediation of Land

and, (c) The guidelines in force under the Contaminated Land Management

Act.

Within thirty (30) days after the completion of the remediation works, a notice of completion, including validation and/or monitoring report is to be provided to Council. This notice must be consistent with State Environmental Planning Policy No. 55 – Remediation of Land.

The validation and/or monitoring report is to be independently audited

and a Site Audit Statement issued. The audit is to be carried out by an independent auditor accredited by the NSW Environment Protection Authority. Any conditions recorded on the Site Audit Statement are to be complied with.

11. Separate application must be made under Section 68 of the Local

Government Act 1993, as amended, to Mid-Western Regional Council for all water supply, sewerage, and stormwater drainage work associated with the development. Full details must be submitted to the Council for approval prior to the issue of the commencement of works.

12. Prior to the commencement of any construction works, the following

provisions of the Environmental Planning and Assessment Act 1979 (the Act) are to be complied with:

a) A Construction Certificate is to be obtained in accordance with



c) Council is to given at least 2 days notice of the date intended for

commencement of building works, in accordance with Section 81A(2)(c) of the Act.

13. The developer shall obtain a Certificate of Compliance under the Water

Management Act. This will require:

(a) Payment of a contribution for water and sewerage headworks at the following rate:

Water Headworks $3,919 Sewerage Headworks $1,789 Total Payable $5,708

(b) The adjustment of existing services or installation of new services

and meters, as required, in compliance with Australian Standard



3500: National Plumbing and Drainage Code. All costs associated with this work shall be borne by the developer.




provisions of the Environmental Planning and Assessment Act 1979 (the Act) are to be complied with: Council is to given at least 2 days notice of the date intended for commencement of building works, in accordance with Section 81A(2)(c) of the Act.

CONDITIONS RELATING TO THE BUILDING WORK

16. All plumbing and drainage work must be carried out by a licensed





prior to the covering of any trenches or wall/ceiling linings. 19. All building work must comply with the requirements of the National

Construction Code 2012, Volume Two, together with the relevant Australian Standards and also the Environmental Planning and Assessment Act, 1979, as amended, and Regulations.


Assessment Act and any other inspections deemed necessary by the Principal Certifying Authority being carried out during the relevant stages of construction.

21. Construction work noise that is audible at other premises is to be

restricted to the following times. — Monday to Friday -- 7.00am to 6.00pm — Saturday -- 8.00am to 1.00pm — No construction work is permitted on Sundays and Public Holidays.

22. The site must be provided with a waste enclosure (minimum 1800mm x

1800mm x 1200mm high) that has a lid or secure covering for the duration of the construction works to ensure that all wastes are contained on site. The enclosure is to be emptied periodically to reduce the potential for rubbish to be blown from the site.

The Council encourages the separation and recycling of suitable

materials. 23. During construction temporary toilet facilities are to be provided at or in





— stating that unauthorised entry to the work site is prohibited, and — showing the name of the person in charge of the work site and a


25. The strength of the concrete used for the reinforced concrete floor slab

must be 25MPa (N25) 26. With the exception of work where there is in force an exemption under

clause 187 or 188 of the Environmental Planning & Assessment Act 1979 all building work that involves residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, such a contract of insurance is to be in force.

No work is to commence until a copy of a Home Owners Warranty or

Owner/Builders Permit have been submitted to Council. 27. All stormwater is to discharge to the street water table by the use of non-

flexible kerb adapters or alternatively, stormwater can discharge to the inter-allotment drainage lines.

28. Ground surface waters are to be conveyed to either the street or inter-

allotment drainage systems in a manner that prevents a nuisance from these waters being caused to the property and/or adjoining properties.

29. A Registered Surveyors Certificate showing the boundaries of the site

and the proposed buildings plotted there on being submitted to the Principal Certifying Authority prior to the commencement of construction.

30. The requirements of the submitted BASIX Certificate, number 447744S &

447745S issued on 20 September 2012 must be installed and/or completed in accordance with the commitments contained in that Certificate.

31. Any alteration to those commitments will require the submission of an

amended BASIX Certificate to the Council prior to the commencement of the alteration/s.

PRIOR TO OCCUPATION 32. Prior to the occupation of a new building, an Occupation Certificate is to

be obtained from the Principal Certifying Authority appointed for the erection of the building.

33. Prior to the occupation of the building a written statement must be

submitted to the Council confirming the installation/ completion of those commitments.

ENGINEERING CONSTRUCTION 34. No civil engineering construction is to commence before a Construction

Certificate is issued for the civil engineering works (sewer main extension). The works are to be constructed in accordance with the plans and specifications referred to in the Construction Certificate.

35. All earthworks, filling, building, driveways or other works, are to be

designed and constructed (including stormwater drainage if necessary)



so that at no time will any ponding of stormwater occur on adjoining land as a result of this development.

36. The civil engineering works are to be inspected by the Council to

monitor compliance with the consent and the relevant standards of construction.

37. Three metre wide easements, including associated Section 88B

instruments, are to be created in favour of Council over any existing or newly constructed inter-allotment drainage, water, or sewerage reticulation components located within the subject property, or extended through adjoining private properties as a result of this dual occupancy development.

38. The developer is to extend and meet the full cost of water and sewerage

reticulations to service the new lot plus the cost of connecting to existing services. All water and sewerage work is required to be carried out in accordance with the requirements of Mid-Western Regional Council (as the Water Supply Authority under the Local Government Act, 1993) and in accordance with the National Specification – Water & Sewerage Codes of Australia.



6.2.3 DA0135-2013 PROPOSED MULTI DWELLING HOUSING – LOT 2 DP 700501 & LOT 1 DP 202902 41 MADEIRA ROAD MUDGEE

A0100056, P0154263

100/13 MOTION: Weatherley/Shelley That:

A. the report by the Statutory/Strategic Planner on the DA0135-2013 Proposed Multi Dwelling Housing – Lot 2 DP 700501 & Lot 1 DP 202902 41 Madeira Road Mudgee be received;

B. that Development Application number 0184/2013 be determined by way

of consent subject to the following conditions; APPROVED DEVELOPMENT 1. This consent relates to the erection of a seven multi residential dwelling

and subsequent Community title subdivision, as illustrated on the plans, specifications and supporting documentation received by Council stamped with reference to this consent, as modified by the following conditions. The development shall be carried out in accordance with this consent.


2. The development is to be carried out generally in accordance with the stamped approved plans drawn by Cameron Anderson Architects.

Notes: Any alteration to the plans and/or documentation shall be submitted for

the approval of Council. Such alterations may require the lodgment of an application to amend the consent under s96 of the Act, or a fresh development application. No works, other than those approved under this consent, shall be carried out without the prior approval of Council.

Where there is an inconsistency between the documents lodged with this application and the following conditions, the conditions shall prevail to the extent of that inconsistency.

GENERAL 3. If any Aboriginal artefacts are uncovered or identified during

construction earthworks, such work is to cease immediately and the local aboriginal community and National Parks and Wildlife Service are to be notified.

4. The developer shall, at their own expense, engage a registered surveyor

to relocate any survey mark that may be disturbed by the development or any associated work. Any information regarding relocation should be supplied to the Land Titles Office and Council.

5. Prior to the occupation of a new building, an Occupation Certificate

must be obtained from the Principal Certifying Authority appointed for the erection of the building.

6. A 1.8 metre high screen fence is to be provided to all side and rear

boundaries prior to occupation of the development. The fence shall be erected at natural ground level. All fencing is to be provided at full cost to the developer.

7. Outdoor drying facilities and letterboxes are to be provided for each unit

prior to the occupation of the dwellings. 8. Switchboards for gas, electricity, etc., must not be attached to the front

or street facing elevations of the buildings. 9. Landscaping is to be carried out in accordance with the approved plan

and maintained for the life of the development. Landscaping is to be provided with the area marked ‘VI’ adjacent to House 7.

10. Bins are only to be stored within the communal bins storage area

immediately prior to collection. Bins are to be stored within the private open space areas of each respective dwelling. The community management plan shall address the management of the communal bin storage area such that there are no impacts on the amenity of the neighborhood from the storage of waste on the site. The community management plan shall prohibit the curbside collection of bins. Waste collection is to occur within the site and be carried out by a private contractor or by agreement with Council.

PRIOR TO THE COMMENCEMENT OF WORK 11. The site must be remediated in accordance with:

(a) An approved Remedial Action Plan, (b) State Environmental Planning Policy No. 55 – Remediation of Land

and,



(c) The guidelines in force under the Contaminated Land Management Act.

Within thirty (30) days after the completion of the remediation works, a

notice of completion, including validation and/or monitoring report is to be provided to Council. This notice must be consistent with State Environmental Planning Policy No. 55 – Remediation of Land.

The validation and/or monitoring report is to be independently audited

and a Site Audit Statement issued. The audit is to be carried out by an independent auditor accredited by the NSW Environment Protection Authority. Any conditions recorded on the Site Audit Statement are to be complied with.

12. Separate application must be made under Section 68 of the Local

Government Act 1993, as amended, to Mid-Western Regional Council for all water supply, sewerage, and stormwater drainage work associated with the development. Full details must be submitted to the Council for approval prior to the issue of the commencement of works.



a) A Construction Certificate is to be obtained in accordance with



c) Council is to given at least 2 days notice of the date intended for

commencement of building works, in accordance with Section 81A(2)(c) of the Act.

14. The developer shall obtain a Certificate of Compliance under the Water

Management Act. This will require:

(a) Payment of a contribution for water and sewerage headworks at the following rate:

Water Headworks $9,155 Sewerage Headworks $10,558 Total Payable $19,713

(b) The adjustment of existing services or installation of new services

and meters, as required, in compliance with Australian Standard 3500: National Plumbing and Drainage Code. All costs associated with this work shall be borne by the developer.




provisions of the Environmental Planning and Assessment Act 1979 (the Act) are to be complied with: Council is to given at least 2 days notice of


the date intended for commencement of building works, in accordance with Section 81A(2)(c) of the Act.

CONDITIONS RELATING TO THE BUILDING WORK 17. All plumbing and drainage work must be carried out by a licensed





prior to the covering of any trenches or wall/ceiling linings. 20. All building work must comply with the requirements of the National

Construction Code 2012, Volume Two, together with the relevant Australian Standards and also the Environmental Planning and Assessment Act, 1979, as amended, and Regulations.




restricted to the following times. — Monday to Friday -- 7.00am to 6.00pm — Saturday -- 8.00am to 1.00pm — No construction work is permitted on Sundays and Public Holidays.

23. The site must be provided with a waste enclosure (minimum 1800mm x

1800mm x 1200mm high) that has a lid or secure covering for the duration of the construction works to ensure that all wastes are contained on site. The enclosure is to be emptied periodically to reduce the potential for rubbish to be blown from the site.

The Council encourages the separation and recycling of suitable

materials. 24. During construction temporary toilet facilities are to be provided at or in



which the erection of a building is being carried out; — stating that unauthorised entry to the work site is prohibited, and — showing the name of the person in charge of the work site and a


26. The strength of the concrete used for the reinforced concrete floor slab

must be 25MPa (N25) 27. With the exception of work where there is in force an exemption under

clause 187 or 188 of the Environmental Planning & Assessment Act 1979 all building work that involves residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in



force in accordance with Part 6 of that Act, such a contract of insurance is to be in force.

No work is to commence until a copy of a Home Owners Warranty or

Owner/Builders Permit have been submitted to Council. 28. All stormwater is to discharge to the street water table by the use of non-

flexible kerb adapters or alternatively, stormwater can discharge to the inter-allotment drainage lines.

29. Ground surface waters are to be conveyed to either the street or inter-

allotment drainage systems in a manner that prevents a nuisance from these waters being caused to the property and/or adjoining properties.

30. A Registered Surveyors Certificate showing the boundaries of the site

and the proposed buildings plotted there on being submitted to the Principal Certifying Authority prior to the commencement of construction.

31. The requirements of the submitted BASIX Certificate, numbers 447747S,

447748S, 447749S, 447746S issued 20 September 2012 must be installed and/or completed in accordance with the commitments contained in that Certificate.

32. Any alteration to those commitments will require the submission of an

amended BASIX Certificate to the Council prior to the commencement of the alteration/s.

PRIOR TO OCCUPATION 33. Prior to the occupation of a new building, an Occupation Certificate is to

be obtained from the Principal Certifying Authority appointed for the erection of the building.

34. Prior to the occupation of the building a written statement must be

submitted to the Council confirming the installation/completion of BASIX Certificate, numbers 447747S, 447748S, 447749S, 447746S issued 20 September 2012 commitments.

ENGINEERING CONSTRUCTION 35. No civil engineering construction is to commence before a Construction

Certificate is issued for the civil engineering works. The works are to be constructed in accordance with the plans and specifications referred to in the Construction Certificate.

36. All earthworks, filling, building, driveways or other works, are to be

designed and constructed (including stormwater drainage if necessary) so that at no time will any ponding of stormwater occur on adjoining land as a result of this development.

37. The civil engineering works are to be inspected by the Council to

monitor compliance with the consent and the relevant standards of construction.

38. The applicant is to submit a Drainage Report prepared in accordance

with the Institution of Engineers publication Australian Rainfall and Run-off to Council for approval prior to the release of the Construction Certificate. The report must demonstrate that stormwater run off from the site is not increased beyond the existing undeveloped state up to


and including a 100-year ARI. All storm water detention details including analysis shall be included with the drainage report.

39. The Developer is to install an LATM (Local Area Traffic Management)

calming device In accordance with AUSTROAD's Guide to Traffic Management Part 8: Local Area Traffic Management(LATM), so that the north approaching traffic on Wentworth Avenue is aware that the east approaching traffic on Clifton Avenue may tend to enter the development via the new proposed entrance on Clifton Street and therefore mitigating the risk of possible collision crashes and safety hazard to pedestrians walking on the roads.

PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE 40. A linen plan and two (2) copies are to be submitted to Council for

approval and endorsement by the General Manager. 41. Under the Environmental Planning & Assessment Act, 1979, a

Subdivision Certificate is required before the linen plan of subdivision can be registered with the Land Titles Office.

NOTE: Council’s fee to issue a Subdivision Certificate is set out in

Council’s fees and charges and for this development is $280 at the date of determination.

42. In accordance with the provisions of section 94 of the Environmental

Planning and Assessment Act 1979 and the Mid-Western Regional Council Section 94 Developer Contributions Plan, a contribution shall be paid to Council in accordance with this condition for the purpose of: SUBJECT TO CPI INCREASE

Mudgee Catchment 1-2 Section 94 Contributions

Transport Management Traffic Management $3,329

Open Space Local Open Space $5,226

District Open Space $7,095 Community Facilities

Library Buildings $684 Library Resources $821

Administration Plan Administration $1,596

Total Payable $18,751 If the Subdivision Certificate is not issued, for any reason whatsoever,


43. Prior to the issue of a Subdivision Certificate:

a) all contributions must be paid to Council and all works required by the consent be completed in accordance with the consent, or

b) an agreement be made between the developer and Council;

i) as to the security to be given to Council that the works will be completed or the contribution paid, and

ii) as to when the work will be completed or the contribution paid.





45. The developer is to provide a water service and meter for each lot in the

subdivision. This can be achieved by making a payment to Council of $1,600.00 per lot to cover the cost of installing both the service and a 20mm meter on the water main.

TOTAL PAYABLE 3 x $1,600.00 = $4,800.00

Note: Council does not permit other bodies to insert new junctions into

‘live’ water mains.

46. The construction of sewer mains such that there is a separate and distinct sewer connection located wholly within the boundary of each proposed allotment, in accordance with the Local Government (Water, Sewerage and Drainage) Regulation and the WSA 02-2002 Sewerage Code of Australia at full cost to the developer.

47. Engineering plans of any mains extensions are to be lodged with

Council and approved prior to the commencement of any construction. Note: Council will quote on connecting any sewer or water main

extension to the existing “live” main on receipt and approval of engineering plans.

Note: Council does not permit other bodies to insert new junctions

into “live” sewer mains. 48. Three metre wide easements, including associated Section 88B

instruments, are to be created in favour of Council over any existing or newly constructed inter-allotment drainage, water, or sewerage reticulation components located within the subject property, or extended through adjoining private properties as a result of this subdivision.

49. Following completion of the subdivision works, one full set of work-as-

executed plans, in pdf and dwg format, which is “Autocad compatible” is to be submitted on disk to Council. All work-as-executed plans shall bear the Consulting Engineer's or Consulting Surveyor's certification stating that all information shown on the plans is accurate.




6.2.4 DA0290/2013 – PROPOSED 2 LOT SUBDIVISION LOTS 3B, 3C, 25, SEC 18 DP 758482 AND LOT B DP 449202, 140 - 142 MAYNE STREET GULGONG

A0100056, P0459962

101/13 MOTION: Thompson/Shelley That:

1. the report by the Graduate Town Planner on the DA0290/2013 - Proposed 2 Lot Subdivision, Lot 3B Sec 18 DP 758482, Lot 3C Sec 18 DP 758482, Lot 25 Sec 18 DP 758482 & Lot B DP 449202, 140 - 142 Mayne Street Gulgong be received;

2. Development Application number DA0290/2013 for the Subdivision of

residential land on Lot 3B Sec 18 DP 758482, Lot 3C Sec 18 DP 758482, Lot 25 Sec 18 DP 758482 & Lot B DP 449202, 140 - 142 Mayne Street Gulgong be granted development consent subject to the following conditions;

APPROVED PLANS 1. Development is to be carried out generally in accordance with stamped

plans received with Development Application DA0290/2013 received by Council on 21 December 2012 except as varied by the conditions listed herein. Any minor modification to the approved plans will require the lodgement and consideration by Council of amended plans. Major modifications will require the lodgement of a new development application.

CONSTRUCTION REQUIREMENTS 2. All building work must be carried out in accordance with the provisions

of the National Construction Code, Volume One, 2012 and the adopted Australian Standards referenced in the Building Code of Australia

3. The proposed development is to be carried out strictly in accordance

with the details set out on the submitted plans and on the Application form, except as otherwise provided by the conditions of this consent.


restricted to the following times: — Monday to Saturday -- 7.00am to 5.00pm — No construction work is permitted on Sundays and Public Holidays.



6. The building(s) shall not be used or occupied until either an occupation

certificate or an interim occupation certificate has been issued by the principal certifying authority.

7. A sign shall be erected in a prominent position on the premises on

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



— the name, address and telephone number of the principal certifying authority for the work, and

— stating that unauthorised entry to the premises is prohibited, and — showing the name of the builder or other person in control of the

premises and a telephone number at which the builder or other person may be contacted outside working hours. The sign shall be removed when the erection or demolition of the building has been completed



— A Construction Certificate is to be obtained in accordance with

Section 81A(2)(a) of the Act. — A Principal Certifying Authority is to be appointed and Council is to


— Council is to given at least 2 days notice of the date intended for commencement of building works, in accordance with Section 81A(2)(c) of the Act.

ENGINEERING WORKS 9. Engineering plans of any mains extensions are to be submitted to and

approved by Council prior to the issue of a Construction Certificate. 10. A detailed engineering design supported by plans, and an “Autocad

compatible” Plan, (in dwg format including pen-map), material samples, test reports and specifications is to be prepared in accordance with AUS-SPEC #1 (as modified by Mid Western Regional Council) and the conditions of this development consent. The engineering design is to be submitted to and approved by Council or an Accredited Certifier prior to the issue of a Construction Certificate.

11. The developer is to upgrade the unnamed road for the full frontage of

the subdivision so that it has the following minimum specifications: a) Carriageway width –4.5m b) sealed width 4.5 c) seal type – 14/7 mm double-double d) standard cross-section with 3% fall and max 7% superelevation d) Pavement thickness – min 150mm (Pavement design to be

submitted with construction certificate plans to confirm pavement thickness.

12. Interallotment drainage is to be provided to remove stormwater from any

lots that cannot discharge to the street in accordance with AusSpec #1. 13. All earthworks, filling, building, driveways or other works, are to be

designed and constructed (including stormwater drainage if necessary) so that at no time will any ponding of stormwater occur on adjoining land as a result of this development.

14. The subdivision works are to be inspected by the Council (or an

Accredited Certifier on behalf of Council) to monitor compliance with the consent and the relevant standards of construction, encompassing the following stages of construction: — Sewer main extension and pressure testing. — unnamed lane upgrade — Practical Completion


PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE 15. A linen plan and two (2) copies are to be submitted to Council for

approval and endorsement by the General Manager. 16. Under the Environmental Planning & Assessment Act, 1979, a

Subdivision Certificate is required before the linen plan of subdivision can be registered with the Land Titles Office.

NOTE: Council’s fee to issue a Subdivision Certificate is set out in

Council’s fees and charges and for this development is $280 at the date of determination.

If the Subdivision Certificate is not issued, for any reason whatsoever,


17. Prior to the issue of a Subdivision Certificate:

a) all contributions must be paid to Council and all works required by the consent be completed in accordance with the consent, or

b) an agreement be made between the developer and Council; i) as to the security to be given to Council that the works will

be completed or the contribution paid, and ii) as to when the work will be completed or the contribution

paid.

18. The applicant is to provide separate water and sewer reticulation services to each lot.



Note: Council will undertake connection of approved sewerage

reticulations to the existing ‘live’ sewerage system at full cost to the developer. Upon issue of Construction Certificate, the applicant is advised to submit to Council a request to obtain quotation for the connection works to be undertaken by Council. Any request for quotation shall include a full set of approved construction plans and a proposed schedule of works.

20. Three metre wide easements, including associated Section 88B

instruments, are to be created in favour of Council over any existing or newly constructed inter-allotment drainage, water, or sewerage reticulation components located within the subject property, or extended through adjoining private properties as a result of this subdivision.

21. Following completion of the subdivision works, one full set of work-as-

executed plans, in pdf and dwg format, which is “Autocad compatible” is to be submitted on disk to Council. All work-as-executed plans shall bear the Consulting Engineer's or Consulting Surveyor's certification stating that all information shown on the plans is accurate.

22. Prior to issue of the Subdivision Certificate, Council is to be supplied

with:



a) A certificate from an energy provider indicating that satisfactory arrangements have been made for provision of electricity supply to the subdivision.

b) A certificate from a communication provider indicating that satisfactory arrangements have been made for provision of telephone services to the subdivision



6.2.5 PLANNING PROPOSAL – GRIMSHAW LANE RESIDENTIAL AREA GULGONG

A0100056, P1889211, A0420241 102/13 MOTION: Shelley/Walker That:

1. the report by Manager Strategic Planning on the Planning Proposal – Grimshaw Lane Gulgong be received;

2. the Planning Proposal be forwarded to the Minister under section 58 of

the Environmental Planning and Assessment Act requesting that the proposal proceed and that the Minister make the plan in accordance with section 59 of the Act.



6.2.6 PLANNING PROPOSAL – MOTEL 16 SYDNEY ROAD MUDGEE A0100056, A0420246

103/13 MOTION: Walker/Shelley That:

1. the report by Manager Strategic Planning on the Planning Proposal for Motel 16 Sydney Road Mudgee be received;


2. Council continue to negotiate with the Department of Planning for the amendment to be a Scheduled Use (motel) rather than change the zone of the site to SP3 Tourist;

3. Should the Department of Planning and Council fail to reach an

agreement on the use of Schedule 1, the applicant be advised that Council no longer support the Planning Proposal.



6.2.7 FINANCE POLICY REVIEW A0100056, A0140398

104/13 MOTION: Cavilier/Weatherley That:

1. the report by the Group Manager, Finance and Administration on the Finance Policy Review be received;

2. Council adopt the revised Borrowings Policy; 3. Council adopt the revised Disposal of Assets Policy; and 4. Council adopt the revised Fraud Control Policy.


6.2.8 REQUEST FOR FINANCIAL ASSISTANCE FOR THE BACK TO GULGONG REUNION 2013

A0100056, A0140201 MOTION: Shelley/Cavalier That:

1. the report by the General Manager on the Request for Financial Assistance for the Back to Gulgong Reunion 2013 be received;

2. Council fund the back to Gulgong Reunion 2013 to value of $2500 to be

funded from the Events Management Budget.

105/13 AMENDMENT: Thompson/Martens That:

1. the report by the General Manager on the Request for Financial Assistance for the Back to Gulgong Reunion 2013 be received;

2. Council fund the back to Gulgong Reunion 2013 to value of $4000 to be

funded from the Events Management Budget.



3. The following amounts be distributed from the Councillor discretionary

votes:

Gulgong Reunion 2013 Cr Cavalier Cr Thompson

$500 $500

Gulgong Folk Festival Cr Cavalier $1000 The amendment was put and carried and on being put as the motion was again carried.

6.2.9 MONTHLY STATEMENT OF MID-WESTERN REGIONAL COUNCIL BANK BALANCES AND INVESTMENTS AS AT 28 FEBRUARY 2013

A0100056, A0140304 106/13 MOTION: Shelley/Martens That:

1. the investment report as at 28 February 2013 by the Manager Financial Planning be received;

2. the certification by the Responsible Accounting Officer be noted.


6.2.10 EURUNDEREE SCHOOL (R88830) RESERVE TRUST A0100056, P0854211

107/13 MOTION: Weatherley/Walker That:

1. the report by the Manager Revenue & Property on the Eurunderee School (R88830) Reserve Trust be received.

2. Council commence discussions with the Department of Crown Lands

over the future management and ownership of this building to ensure that the facility does not become a financial burden to ratepayers.


6.2.11 ADDITION OF GENERAL CONTRACTOR A0100056, A0412910

108/13 MOTION: Shelley/Walker That:

1. the report by the Group Manager, Mid-Western Operations on the Addition of General Contractor be received;

2. the Council accepts the following additional supplier/contractor in

accordance with clause 178 of the Local Government (General) Regulation 2005;

Plumbing Worx (NSW) Pty Ltd The motion was put and carried.

6.2.12 TOWN ENTRANCE SIGNAGE A0100056, A0820020

109/13 MOTION: White/Shelley That:

1. the report by the General Manager on the Town Entrance Signage be received;


2. consideration of this matter be deferred until the next budget meeting.


6.2.13 MUDGEE SKATE PARK IMPROVEMENTS A0100056, A0360001, A0060048

110/13 MOTION: Martens/Shelley That:

1. the report by the Manager, Community Services on the Mudgee Skate Park Improvements be received;

2. Council proceed with the improvements to the Mudgee Skate Park as

detailed in Option Two being the installation of Mini Ramp, Tricks, signage and a water bubbler, with works at a cost of $60,000 ($55,000 from Council budget and $5,000 donation from Mudgee Rotary) to be carried out in the 2012/13 financial year.


6.2.14 COST TO INCLUDE MARSHFIELD LANE TO THE MAINTAINED ROAD SCHEDULE

A0100056, R4157003 MOTION: Thompson/Martens That:

1. the report by the Manager Technical Services on the cost to maintain Marshfield Lane be received;

2. no action be taken in relation to Marshfield Lane and it remain on the

unmaintained road list.

The motion was put and lost.

6.2.15 TENDER FOR SUPPLY AND DELIVERY OF BULK FUELS AND LUBRICANTS

A0100056, A0100026 111/13 MOTION: Shelley/Cavalier That:

1. the report by the Group Manager, Finance and Administration on the Tender for supply and delivery of bulk fuels and lubricants be received;

2. it be noted that this matter is withdrawn.


6.2.16 GULGONG SPORTS COUNCIL A0100056, A0360003

112/13 MOTION: Thompson/Shelley That:

1. the report by the Group Manager, Mid-Western Operations on the Gulgong Sports Council be received;

2. That the minutes for the Gulgong Sports Council ordinary monthly

meeting held on 19 December 2012 be noted.




6.2.17 MUDGEE SALEYARDS MANAGEMENT COMMITTEE A0100056, A0100047, F0720036

113/13 MOTION: Webb/Weatherley That:

1. the report by the Group Manager, Mid-Western Operations on the Mudgee Saleyards Management Committee be received;

2. That the minutes for the Mudgee Saleyards Management Committee

ordinary bi-monthly meeting held on 21 February 2013 be noted. The motion was put and carried.

6.2.18 NOXIOUS WEEDS ADVISORY COMMITTEE A0100056, A0130077

114/13 MOTION: Webb/Weatherley That:

1. the report by the Noxious Weeds Administrator on the Noxious Weeds Advisory Committee be received;

2. the minutes of the Noxious Weeds Advisory Committee held on 4 March

2013 are noted. The motion was put and carried.

Item 7: Urgent Business Without Notice

There was no urgent business without notice.

Item 8: Confidential Session

115/13 MOTION: Shelley/Thompson That pursuant to the provisions of Section 10 of the Local Government Act,

1993, the meeting be closed to the public. Following the motion to close the meeting being moved and seconded, the Manager Governance announced that the following matters would be considered in confidential session and the reasons why they were being dealt with in this way.

Subject: 1. Blaxland Voluntary Planning Agreement

2. Mudgee Riverside and Tourist Park

3. Appeal by Mac Group Pty Ltd – Progress Report

4. General Manager’s Performance Review 2012-2013

5. Mining Recategorisation

The reason for dealing with reports 1 & 2 confidentially is that they relate to information that would, if disclosed confer a commercial advantage on a person with whom Council is conducting business in accordance with Section 10A(2) (c) of the Local Government Act, 1993.

The reason for dealing with reports 3 and 5 confidentially is that they relate to advice concerning litigation or advice that would otherwise be privileged for production in legal proceedings on the

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 47 grounds of legal professional privilege in accordance with Section 10A(2) (g) of the Local Government Act, 1993.

Discussion of these matters in an open meeting would be, on balance, not in the public interest as it would either disadvantage ongoing negotiations between Council and those persons with whom the Council is conducting business or adversely impact on litigation in which the Council is involved.

The reason for dealing with report 4 confidentially is that it is a personnel matter concerning a particular individual (other than Councillors) in accordance with Section 10A(2) (a) of the Local Government Act, 1993.

Following an enquiry from the Mayor, the Manager Governance advised that there were no written representations in respect of this matter and that no person in the gallery wished to make verbal representations. The motion was put and carried.

8.1.1 Blaxland Voluntary Planning Agreement A0100056, A040236

116/13 MOTION: Thompson/Cavalier That:

1. the report by the Group Manager Development and Community Services on the Blaxland Voluntary Planning Agreement be received;

2. the General Manager continue to negotiated with the Blaxland to

formulate a Draft Voluntary Planning Agreement generally in accordance with the position presented in this report.


8.1.2 Mudgee Riverside Caravan & Tourist Park A0100056, P0233911

117/13 MOTION: Shelley/Thompson That:

1. the report by the General Manager on the Mudgee Riverside Caravan & Tourist Park be received;

2. Council notifies Cafable Pty Limited that it does not wish to proceed with

the sale of the property in Short Street, Mudgee, known as the Mudgee Riverside Tourist and Caravan Park because Council recognises the importance of this property for the strategic development of Mudgee into the future.


8.1.3 Appeal by Mac Group Pty Ltd – Progress Report A0100056, A0420251, P1048568

118/13 MOTION: Shelley/Martens That the report by the Manager Statutory Planning on the Appeal by Mac Group Pty Ltd – Progress Report be received.




8.1.4 General Manager’s Performance Review 2012-13 A0100056, A0381421

119/13 MOTION: Shelley/Walker That the report by the General Manager on the General Manager’s Performance Review 2012-13 be received. The motion was put and carried.

8.1.5 Mine Rating Categorisation Update A0100056, A0340047, A0340007

120/13 MOTION: Shelley/Cavalier That the report by the General Manager on the Mine Rating Categorisation Update be received. The motion was put and carried.

Item 9: Open Council

The Manager Governance announced the decisions taken in Confidential Session.

Closure

There being no further business the meeting concluded at 8.39 pm.

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 49 Item 4: Matters in Progress

SUBJECT RESOLUTION NO. & DATE RESOLUTION ACTION

Rylstone/Kandos Sewerage Augmentation

S.85/10 Assets Mtg 1/12/10

That: 2. Council commence

negotiations with the Department of Environment, Climate Change and Water to defer construction of a new Treatment Plant at Kandos until funds become available under the Country Town Water and Sewerage Scheme;

3. staff review options to stage the proposed works in this region to improve the affordability of the augmentation required to meet effluent discharge quality requirements.

With the focus on delivering the Mudgee Sewer Works insufficient staff resources are available to review this scheme

Tourist Regional Signage

Res 545/11 Ord Mtg 21/12/2011

That: 3. Council request the RTA to

erect more effective direction signage at major intersections to the region.

Report included in this business paper

Quarry Road – Kandos

Res. 64/12 Ordinary Mtg 15/2/2012

That consideration of this matter be deferred until discussions with Cement Australia have been completed.

No determination as yet.

Return of Royalties

Res. 151/12 Ord. Mtg. 18/4/2012

That Council continue to fight for the return of royalties for the region.

An application from this fund is currently being prepared.

Fridge Buy Back Scheme

Res. 90/13 That Council investigate the possibility of joining the fridge buy back scheme.

No action to date



Item 5: Mayoral Minute Nil.

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 51 Item 6: General Business

6.1 Notices of Motion Nil.



6.2 Reports

6.2.1 DA0211/2013 – Single Dwelling, Pool and Shed, Lot 1 DP 1175532, 6A Avisford Court Mudgee 2850

REPORT BY THE ENVIRONMENTAL TOWN PLANNER TO 3 APRIL 2013 COUNCIL MEETING DA0211_2013_Dwelling pool & shed A0100056, DA0211/2013

RECOMMENDATION That: 1. The report by the Environmental Planner on the DA 0211/2013 – Single Dwelling,

Pool and Shed, Lot 1 DP 1175532, 6A Avisford Court Mudgee 2850 be received; 2. Development Application DA0211/2013 Single Dwelling, Pool and Shed, Lot 1 DP

1175532, 6A Avisford Court Mudgee 2850 be approved subject to the following conditions;

3. Council vary the building envelope for DP 1175532 for the purposes of this development application.

APPROVED PLANS 1. Development is to be carried out generally in accordance with stamped plans drawn by CCA Architects:

Site Plan, DWG No A1.101, Rev 03, Drawn 12.03.2013; Dwelling Entitlement Diagram & Section, DWG No. A1.201, Rev 01, Drawn 08.11.2012; Ground Floor Plan, DWG No A3.101, Rev 01, Drawn 08.11.2012; Level 2 Plan, DWG No. A3.102, Rev 01, Drawn 08.11.2012; Top of Roof, DWG No. A3.103, Rev 01, Drawn 08.11.2012; North & South Elevation, DWG No. A7.101, Rev 01, Drawn 08.11.2012; East & West Elevation, DWG No. A7.102, Rev 01,Drawn 08.11.2012; Shed Floor Plan & Section, DWG No. A3.201, Rev 03, Drawn 12.03.2013; Shed Elevation, DWG No. A7.103, Rev 02, Drawn 12.03.2013

and the Application received by Council on 08.11.2012 except as varied by the conditions listed herein. Any minor modification to the approved plans will require the lodgement and consideration by Council of amended plans. Major modifications will require the lodgement of a new development application. AMENDMENTS 2. The plans are to be amended in the following manner: To provide landscape plantings along the length of the dwellings driveway to visually screen the expanse of sealed hardstand required.

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 53 GENERAL 3. If any aboriginal artefacts are uncovered or identified during construction

earthworks, such work is to cease immediately and the local aboriginal community and National Parks and Wildlife Service are to be notified.

(Note: A suitably qualified person is required to be present during earthworks to identify whether any artefacts were uncovered). 4. The external treatments and colour scheme of the dwelling and shed must be of

natural earthy tones to integrate the development into the surrounding landscape. No bright treatments or colours are allowed to be part of the colour scheme of the development.

5. Landscape plantings must be provided for the length of the dwellings driveway to screen the expanse of hardstand required.

6. All vehicle driveways and vehicle manouvering areas must be sealed with concrete or paved hardstand and be designed to ensure that all vehicles can enter and leave the dwelling and shed in a forward direction.

7. The shed is not approved for use as a Granny Flat or Dual Occupancy. Separate

development approval is required for such uses of the shed if required and may not be approved.

8. All landscaping is to be established prior to occupation of the development and

consist of appropriately advanced trees and shrubs. Tree and shrub species should be endemic to the Mid-Western Regional Local government Area, require minimal watering and be salt resistant. Alternatively, smaller plan sizes will be considered if irrigation systems are implemented.

9. All batters, terraces or unprotected embankments must be regenerated with turf or

landscape plantings prior to the occupation of the dwelling. 10. All exterior lighting associated with the development shall be designed and installed

so that no obtrusive light will be cast onto any adjoining property or roadways, in accordance with Australian Standard 4282 “Control of the Obtrusive Effects of Outdoor Lighting”.

11. The subject lot does not have access to an urban reticulated water supply. Details of

the proposed private water supply system are to be provided to Council with the application for Construction Certificate.

BUILDING 12. The development must be carried out in accordance with the approved stamped

plans, except as otherwise provided by the conditions of this determination (Note:- modifications to the approved plans will require the lodgement and consideration by Council of a modification pursuant to Section 96 of the Environmental Planning and Assessment Act).

13. All plumbing and drainage work must be carried out by a licensed plumber and

drainer and must comply with the requirements of AS 3500 (National Plumbing & Drainage Code) and the Plumbing Code of Australia - 2012.

14. All plumbing and drainage inspections must be carried out by Council prior to the

covering of any trenches or wall/ceiling linings.



15. All building work must comply with the requirements of the National Construction

Code 2012, Volume Two, together with the relevant Australian Standards and also the Environmental Planning and Assessment Act, 1979, as amended, and Regulations.

16. All mandatory inspections required by the Environmental Planning and Assessment

Act and any other inspections deemed necessary by the Principal Certifying Authority being carried out during the relevant stages of construction.

17. Construction work noise that is audible at other premises is to be restricted to the following times. Monday to Saturday -- 7.00am to 5.00pm No construction work is permitted on Sundays and Public Holidays.

18. Prior to the occupation of a new building, an Occupation Certificate must be obtained from the Principal Certifying Authority appointed for the erection of the building.

19. A sign must be erected in a prominent position on any work site on which the

erection of a building is being carried out; stating that unauthorised entry to the work site is prohibited, and showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

20. The strength of the concrete used for the reinforced concrete shed slab and piers must be 25MPa (N25)

21. All stormwater must discharge to the street gutter by the use of non-flexible kerb

adaptors. 22. Erosion and sediment control measures being implemented prior to the


23. As a result of the proposed earthworks, the natural flow of surface water is not to be

altered in such away so that it adversely affects the adjoining properties. 24. The following documentation is to be submitted to Council or the Accredited Certifier, prior to

the granting of the construction certificate: Structural details for concrete slab and shed components.

25. The requirements of the submitted BASIX Certificate must be installed and/or completed in accordance with the commitments contained in that Certificate. Any alteration to those commitments will require the submission of an amended BASIX Certificate to the Council prior to the commencement of the alteration/s.

26. Prior to the commencement of any construction works, the following provisions of

the Environmental Planning and Assessment Act 1979 (the Act) are to be complied with:

A Construction Certificate is to be obtained in accordance with Section 81A(2)(a) of the Act.


A Principal Certifying Authority is to be appointed and Council is to be notified of the appointment in accordance with Section 81A(2)(b) of the Act. Council is to given at least 2 days notice of the date intended for commencement of building works, in accordance with Section 81A(2)(c) of the Act.

27. The site must be provided with a waste enclosure (minimum 1800mm x 1800mm x

1200mm high) that has a lid or secure covering for the duration of the construction works. The enclosure is to be emptied periodically to reduce the potential for rubbish to be blown from the site. The Council encourages the separation and recycling of suitable materials.

NOTE: ALL WASTE GENERATED FROM THE CONSTRUCTION PROCESS IS TO BE CONTAINED ON-SITE.

Executive summary

The application is for the construction of a dwelling, pool and shed on the subject site. The site is a sloping battle axe lot with a gradient of approximately 13.5%. It is located below the tree line which extends up to Avisford Reserve. The lot was created by council under DA0304/2011 with a building envelope in the centre. The building envelope is equivalent to the 520mAHD contour and was intended to ensure that any future dwelling would not adversely affect the south Mudgee skyline. The application has been forwarded to council for determination because the dwelling is proposed above the building envelope created by Council in 2011. It will be 20m from the rear of the site and approximately 20m above the building envelope. The dwelling has been architecturally designed to be cut into the site, primarily be single storey, have a ‘’green roof’’ and integrate into the slope of the site. Accordingly it will retain a finished floor height less than the height of the rear boundary and will not protrude upward out of the site to affect the visual amenity of skyline views to Avisford reserve. The shed is located at the bottom of the site, below the building envelope and will be screened with a line of trees. While it has a large size, it is compliant and will have no impact on the visual amenity of the area. No submissions were received in relation to the development. In respect of these considerations and primarily that the intent of the building envelope has been fulfilled the development is recommended for approval.

Detailed report

The application seeks approval for the construction of a single dwelling, a pool and a shed on the site. The site is a steep site located directly below the treeline which extends south up to Avisford Reserve. The lot was approved by council under DA0304/2011 with a building envelope 20mx45m half way up the lot. The building envelope was to ensure a future dwelling would not affect the visual amenity of the area, specifically the skyline of Mudgee to the south west.



The single dwelling is an architecturally designed dwelling. It is a two storey, concrete, flat-roofed design. It has expanses of glass to the north and will be cut into the site such that it has a ‘’green’’ roof and integrates into the slope of the site. It is located 20m below the rear boundary of the site and approximately 20m above the building envelope on the deposited plan. On the ground floor the dwelling contains four bedrooms, kitchen, dining living and family rooms and a double garage. The pool is modest in size and sits forward of these rooms on a built up terrace. The first floor contains a main bedroom and the accessible ‘’green’’ roof. A sealed driveway will be constructed along the western boundary of the site to provide the dwelling with vehicle access. The shed is located at the bottom of the site. It is setback 7.5m from the centreline of the reciprocal right of carriageway which forms the front boundary of the site. The shed has a steep skillion roof construction for the provision of solar panels and will be finished externally with a combination of rendered and Colorbond materials. It will be cut into the site and a line of trees provided to screen it in the front setback. ASSESSMENT: The application has been assessed in accordance with Section 79C(1) of the Environmental Planning & Assessment Act 1979. The main issues are addressed below as follows. 1. REQUIREMENTS OF REGULATIONS AND POLICIES: (a) Provisions of any Environmental Planning Instrument and any draft EPI

The land is zoned R2 Low Density under the Mid-Western Regional Council Local Environmental Plan. A Dwelling is permissible on the site with consent. (b Provisions of any Development Control Plan or Council Policy

Residential Development Control Plan

The application was submitted prior to the endorsement of the current Development Control Plan 2013. Accordingly the application must be assessed under the previous Residential Development Control Plan.

The application generally complies with the relevant Part 3.0 Urban Living – Guidelines for Residential Development in Urban Areas as follows:

Environmental Design - BASIX

- Clothes line screened - Solar orientation

- Complies - Complies - Complies

Streetscape - Design compliments or improves existing neighbourhood character - Attractive landscaped face - Designed and placed to create an attractive streetscape

- Complies. Dwellings in area are contemporary in design. Proposed Dwelling is architecturally designed. - Complies. - Complies. Dwelling is setback significantly from streetscape and cut into slope of site to minimise its visual impact. Shed located at


bottom of site where it will not be readily visible from Avisford Court and will be screened by proposed trees in front setback.

Rural and Scenic Character

- Buildings of size & scale compatible with topographical and landscape characteristics of the land. - Does not protrude over immediate ridgeline when viewed from public place. - No development above 520m AHD contour unless designed to minimise intrusion into skyline that detracts from scenic qualities. - Building materials, painting and finishing of natural tones and low reflectivity.

- Complies. The dwelling is primarily single storey and cut into the slope such that it integrates with the site and will not protrude upward visually. - Complies. Site is not a ridgeline. Located mid-slope of Avisford reserve foothills below treeline. - Non-Compliant. Dwelling above building-envelope on Deposited Plan which denotes 520M AHD contour. Variation acceptable as primarily single storey, cut significantly into the site and includes ‘’green’’ roofs which will integrate it into the slope of the site. Such measures ensure it does not protrude above the height of the rear boundary or local treeline to the south. - Complies. Condition recommended on consent.

Garage Design - Visually subservient - Integrated - Setback behind main building façade

- Complies. The site is setback significantly from the front boundary such that the garage will recede into the overall design of the dwelling. - Complies. The garage is located on the western elevation where the most cut will be required. Accordingly it will be integrated with the design of the dwelling. - Variation required. Variation acceptable as front setback requirements are achieved and garage is integrated into the design of the dwelling such that it will recede into the site.

Access and Car Parking

- Minimum car parking space per 3+bedroom dwelling - One covered car parking space per dwelling of min dimensions 3m x 5.5m - Excessive use of plain concrete for

- Complies. - Complies - Complies. Due to the slope of the



driveways to be avoided. - Driveways >1m from any side boundary and landscaped for the length of the front setback.

site substantial concrete driveways are required to ensure that gravel or such materials do affect vehicle safety and do not erode downhill to effect council’s stormwater system. - Complies. Condition requiring landscaping recommended on the consent.

Development on Steep Slopes

- Development on slopes >15% accompanied by report from qualified geotechnical consultant.

- Not Required. Site 13.5%

Landscaping and external works

- Min of 45% landscaped - Provide good surface and subsurface drainage with no discharge to slopes. - Fast revegetation of earthworks. - Raised floor construction encouraged on steep sites.

Complies - Complies. Standard building conditions surrounding roof and overland drainage recommended on consent. - Complies. Condition requiring revegetation of all cuts and batters recommended on consent. - Variation Required. Variation acceptable as geotechnical report not required for sites <15% and building conditions surrounding proper drainage and rehabilitation will be recommended on the permit.

Cut and Fill - Cut and fill <1300mmfrom boundaries to provide drainage details to reduce impacts on adjoining owners.

- Complies. No cut and fill within 1300mm of boundaries.

Sheds, Outbuildings and Detached Garages

- For sites >2000m2 shed of 120m2 maximum

- Complies. Site 6648m2 and shed 120m2.

Granny Flats - Subordinate to main dwelling - Accommodates needs of extended families

- Not Applicable. The shed includes a shower and basin. Notwithstanding the sheds features do not qualify it as a granny flat against the DCP or LEP and it has not been proposed as such. A condition prohibiting its use as a granny flat or dual occupancy is recommended on the consent.

2. IMPACT OF DEVELOPMENT (a) Context and Setting

A building envelope was included on the deposited plan to ensure a dwelling built on the site would not affect the visual amenity of the area, particularly the skyline of the south Mudgee area. The dwelling is proposed approximately 20m above the building envelope. However it has been architecturally designed in such a way that it will not adversely affect the visual amenity of the area.

To achieve this, the dwelling is primarily single storey, will be cut significantly into the site and will have a ‘’green’’ roof. Accordingly it will not protrude upwards out of the site and appear visually

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 59 higher than the rear of the site or obscure the tree line behind that extends to Avisford Reserve. Rather, it will recede into the slope of the site and achieve the same purpose intended by the restriction on the plan.

The overall impact of the development has also been minimised by locating the shed at the bottom of the site where it will be obscured from Avisford Court behind landscaping and surrounding dwellings and leave a large expanse of natural ground between it and the proposed dwelling. Conditions ensuring the use of natural colours and landscaping of the dwellings driveway will further ensure that it is appropriate in the context and setting of the site.

(d) Utilities

The dwelling exists above the 520m AHD contour line which defines the upper limit Council’s water supply systems. Notwithstanding the lot was created by Council under DA0304/2013 on the condition that any development would be provided with water by a single user pump station installed and maintained at the applicants expense. The application has been made on this understanding. Notwithstanding a condition re-iterating this requirement is recommended on the consent.

3. SUITABILITY OF SITE FOR DEVELOPMENT (a) Does the proposal fit in the locality

The proposal fits in the locality. The development is a contemporary dwelling in a recent subdivision which is surrounded by contemporary designed single and double storey dwellings. (b) Are the site attributes conducive to development

The site attributes are conducive to the development in that it is a large site which provides the development with the required setbacks and has a slope <15% above which a geotechnical report would be required by the Development Control Plan. 4. SUBMISSIONS MADE IN ACCORDANCE WITH ACT OR REGULATIONS (a) Public Submissions

The application was notified to adjoining neighbours. No submissions were received in relation to the development.

(b) Submissions from public authorities

No submissions from public authorities were received in relation to the development. 5. THE PUBLIC INTEREST (a) Federal, State and local government interests and community interests

The development will not affect federal, state and local government interests and community interests. 6. CONSULTATIONS (a) Health & Building.



Raised no objection to the development subject to standard conditions being included on the consent. (b) Development Engineer

Raise no objection to the development subject to the standard conditions being included on the consent.

Financial implications

Not Applicable.

Strategic or policy implications

Not Applicable.

ALEX NOAD ENVIRONMENTAL PLANNER

CATHERINE VAN LAEREN GROUP MANAGER DEVELOPMENT AND COMMUNITY SERVICES

22 March 2013 Attachments: 1. Locality Plan 2. Development Plans APPROVED FOR SUBMISSION: WARWICK L BENNETT GENERAL MANAGER


ATTACHMENT 1



ATTACHMENT 2
















6.2.2 DA0353/2013 Proposed temporary use as camping grounds – Mudgee Showground – 11 – 25 Nicholson Street, Mudgee

REPORT BY THE TOWN PLANNER TO 3 APRIL 2013 COUNCIL MEETING REPORT DA0353/2013. A0100056, P0210969

RECOMMENDATION 1. That the report by the Town Planner on Development Application No. 0353/2013,

Proposed Temporary Use as Camping Grounds at Mudgee Showground 11 – 25 Nicholson Street, Mudgee be received; and

2. Development Application No. 0353/2013, Proposed Temporary Use as Camping

Ground at Mudgee Showground 11 – 25 Nicholson Street, Mudgee be approved, subject to the following conditions detailed below;

APPROVED PLANS 1. The Development is to be carried out generally in accordance with stamped

approved plans Drawing Nos 1-3 prepared by Mid-Western Regional Council, Statement of Environmental Effects prepared by Mid-Western Regional Council and the Development Application received by Council, except as varied by the conditions listed herein.

GENERAL 2. Use of the site as a temporary camping ground associated with non ancillary

activities of the Showground is only permitted for a maximum of 28 days per year.

A register is to be prepared and submitted on an annual basis (financial year) of the number of nights the facility is used and the number of sites occupied.

DURING USE

3. No permanent residential structures are to be built or exist within the temporary

camping ground area on site at any time. 4. All vehicles are to enter and leave the site in a forward direction at all times and

this shall be properly signposted. 5. At all times the site shall be fully compliant with the Local Government

(Manufactured Home Estate, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

6. The site shall ensure there is no interference with the amenity of the

neighbourhood by reason of the emission of any “offensive noise" at all times. 7. All lighting associated with the development shall be so hooded so as to prevent

glare nuisance to any premises not associated with the development or to any vehicles travelling on public roads.

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 73 8. Adequate waste storage facilities must be provided within the site and

arrangements being made for the regular removal and disposal of all waste to the Mudgee Waste Facility.

9. The maximum speed limit of 15 km/hr is to be sign posted on site. 10. No more than 12 persons are to occupy any one site at any time.

Executive Summary

A Development Application has been submitted to Council for the use of part of the Mudgee Showground for the purposes of temporary camping grounds. The proposal involves 14 sites that would be serviced by existing and proposed amenities, and accessed by the existing road access. The use of the camping sites as an ancillary component to the Showground for camping associated with users of the facility such as the Mudgee Show, camp drafters and pony club members and any other event that occurs on the Showground site is permissible. The use of the temporary camping grounds for non ancillary components of the Showground that are held within the local government area, such as the Field Days, Wine Festival and other events will need to be restricted to maintain compliance with the Temporary use of land Clause in the Mid-Western Regional Local Environmental Plan. Having regard to the provisions of the Environmental Planning and Assessment Act, 1979 and Regulations, and specifically Section 79C(1) – Matters for Consideration, the Development Application has been assessed and considered to meet with the applicable requirements to warrant approval subject to conditions of consent.

Detailed Report

The Development Application is being reported to Council as it involves development over Council owned land. The main components of the proposal include:

14 new, 7 metre by 8 metre camping sites for caravans, motor homes or tents. The extension of fire fighting provisions in the form of a fire hydrant. The construction of a laundry amenities block.

The sites would be accessed from the existing internal gravel driveway off Douro Street and seven camping sites would be parallel on each side of the road. The existing Showground caretaker would act as the administrator for the facility.

The proposal is permissible under the Mid-Western Regional Local Environmental Plan 2012 as a ‘temporary use’ and ancillary use to the existing Showground operations. The assessment of the application has determined it to be consistent with the planning objectives of the locality pursuant to the relevant codes and policies.

BACKGROUND:

There are no proposed changes to the existing operating functions of the Showground and the proposed temporary use is not anticipated to create any significant changes with the existing land use. The Mudgee Showground contains a grandstand, pavilion, equestrian centre, stables and a number of other pavilions associated with the show.

The subject site is located adjacent to Flirtation Hill Reserve to the west and is to be located predominantly were the existing building and infrastructure is located on the grounds.



DEVELOPMENT ASSESSMENT: The Development Application has been assessed in accordance with Section 79C(1) of the Environmental Planning & Assessment Act, 1979. The main issues are addressed below as follows: 1. REQUIREMENTS OF REGULATIONS AND POLICIES: (a) Provisions of any Environmental Planning Instrument and any draft EPI

The site is zoned ‘RE 1 Public Recreation’ under the provisions of the Mid-Western Regional Local Environmental Plan (LEP) 2012. The ancillary use of the camping sites by users of the Mudgee Showground is permissible and the temporary use of the sites by users not associated with the Showground is outlined below. Clause 2.8 of the Mid-Western Local Environmental Plan 2012 Temporary use of land allows a development to occur if it considered that the use does not compromise future use of the site and provided the use does not exceed 28 days in any 12 month period. As such, the development is considered permissible as a Temporary use as it is only of a temporary nature and will not be carried out for any more than 28 days per year. The Development Application has been lodged under the Temporary Use Clause. Clause 2.8 Temporary use of land is depicted below and a comment in regard to each components of the Clause:

2.8 Temporary use of land

1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

It is considered the development will have minimal impact and will not affect the existing site operations by way of devaluing economic, environmental or historical value. 2) Despite any other provision of this Plan, development consent may be granted for development

on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.

The temporary use as a camping ground for events not ancillary to the Showground operations is only to occur for a maximum period of 28 days per year and will be conditioned accordingly. 3) Development consent must not be granted unless the consent authority is satisfied that:

a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

This proposed development will not prejudice the carrying out of development on the land in the future.

b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

The use is not considered to adversely impact any surrounding land uses and cause any significant amenity issues.


c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

The site is considered to not be affected by any natural hazards and if approved the proposed use will not increase the risk of natural hazards.

d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

The land will be able to be restored to the previous condition prior to the commencement of the proposed temporary use. 4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area

or a new housing estate may exceed the maximum number of days specified in that subclause.

Not Applicable to this Development Application.

5) Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

Not Applicable to this Development Application. Clause 5.9 Preservation of trees or vegetation: No trees are proposed to be removed from the site and as such no issues arise with regard to this Clause. Clause 5.10 Heritage Conservation: Consideration of the proposed development against the heritage aspects of the LEP would suggest that the proposal is compliant with these objectives. The proposed camping area is located in the Conservation Area, but is not individually listed in the Local Environmental Plan. It is not considered that the proposal would impinge on the significance of the heritage conservation area. Clause 6.9 Essential Services All available essential services are readily available for the temporary camping sites. Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005

The development was considered against the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. The applicant has demonstrated adequate provision of fire fighting facilities, amenities, power and water supply to support the temporary use. The main components of the relevant provisions are detailed below: The site complies with the minimum area of 1 hectare. It is proposed to provide 14 camp sites each having an area of 56m2, as it is intended that a

tent, caravan or camper van could park there. All sites are to be identified with a site number. All sites comply with the minimum setback from public road requirements.



All sites will comply with the relevant setback distances of 2.5 metres between each camp site.

Sufficient lighting will service the site. The camping ground area will be connected to reticulated water. A common waste dump point is already located at the Showground adjacent to the

amenities block. The existing amenities will be used to service the camping sites and located within 100

metres. Appropriate laundry facilities will be provided. Appropriate Management Plans of the facility will be put in place. No more than 12 persons will be permitted per site. Appropriate site information will be provided to occupiers of the facility. State Environmental Planning Policies State Environmental Planning Policy No 21 – Caravan Parks is applicable to the development and as the proposal is to only provide for 14 camping sites it is considered that the proposal meets with this SEPP and that occupants will not occupy sites for a period exceeding 3 months. (b) Provisions of any Development Control Plan or Council Policy

DEVELOPMENT CONTROL PLAN

Off Street Car Parking DCP

The Development Application has been assessed under the provisions of the Car Parking Development Control Plan and considered to comply with the requirements. A total of 4 visitor parking spaces will be available and each temporary camping site will have one space provided.

Design for Accessibility DCP Having reviewed the proposal against this DCP, there would appear to be no apparent areas of non compliance with regard to the provisions contained within. The proposed new laundry would also involve construction of an accessible toilet. Advertising Signs The proponent has indicated that a sign measuring 1 metre by 600 mm will be attached to the existing fence of the Showground for a point of contact for people wishing to make a booking for the site. 2. IMPACT OF THE PROPOSED DEVELOPMENT (a) Context and Setting

Land use surrounding the site consists of a mix of mainly residential properties and some former depots and railway line. The use of the site as a temporary camping ground facility would not be out of context with the site, particularly having regard to the fact that there is adequate separation to adjoining residences.

(b) Access, transport and traffic The facilities entry and exit configurations will not be altered as part of the proposed development.

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 77 (c) Public domain

The proponent has indicated that the objective of the proposed development is to enhance the existing facilities on the site of the Showground and provide for additional temporary camping areas. (d) Utilities

All relevant utilities are readily available to the site. (e) Heritage

The proposed site and the Showground is located in the Heritage Conservation Zone, however do not cause any significant concerns as the works are limited to the upgrade of underground infrastructure and the addition of new amenities adjacent to the existing amenities.

(f) Other land resources

The proposal would not detrimentally affect the existing natural or built environment.

(g) Water

There are no water issues associated with this Development Application. The camp sites will not be affected by overland flow and adequate drainage exists onsite. (j) Flora & fauna

No flora and fauna matters arise as a result of this development.

(k) Waste

A condition of consent will require adequate waste services for the development and during time of use be in place to service the development.

(m) Noise & vibration

Given the distance of approximately 180 metres that will exist between the closest camping site to the nearest house, no noise issues should arise as a result of the land being used for temporary camping sites.

(n) Natural Hazards

The site is not affected by any natural hazards.

(o) Technological hazards

No technological hazards affect the proposed development.

(p) Safety, security and crime prevention

The development and camping sites layout configurations will lead to increased security and safety of the site. Appropriate management of the site will be contained in a management plan for the facility.

(q) Social impact in the locality



The proposal will have a positive social impact on the locality, as an additional temporary accommodation facility will be provided.

(r) Economic impact in the locality The proposed development shall have a positive economic impact on the locality.

(s) Site design and internal design

The site is considered appropriate for the proposed development and has been designed around the sites existing amenity facilities and vehicular access. It can be seen from the attached plans that the camping sites are situated not to cause a disruption to the existing facilities on site.

(t) Construction Details

The only construction of permanent facilities on site is the proposed laundry block under the Infrastructure SEPP and the proposed fire hydrant to service the camping sites. (u) Cumulative Impacts

It has been determined that there are no cumulative impacts associated with the proposal to warrant refusal of the Development Application. The proposal will not have an unacceptable cumulative impact on the community or locality. 3. SUITABILITY OF THE SITE FOR THE PROPOSED DEVELOPMENT (a) Does the proposal fit in the locality?

The existing site is considered appropriate for the development as the proposed use is compatible with the current use of the existing site. The site is of a sufficient size to accommodate the proposed temporary camping sites and the proposal enhances existing operations of the Showground.

(b) Are the site attributes conducive to development?

It has been considered that the site attributes are conducive to the development as the proposal only relates to development of a temporary nature.

4. SUBMISSIONS MADE IN ACCORDANCE WITH ACT OR REGULATIONS (a) Public Submissions

During the exhibition period of the Development Application, only one public submission was received. It was a notation that the Showground should be left as it is. Considering this, the Development Application seeks a proposal of a temporary nature and ancillary to the existing onsite operations and as such should be supported.

(b) Submissions from public authorities

There have been no submissions received from any public authorities.

5. THE PUBLIC INTEREST Having considered the development and its intentions it has been determined that the Development Application does not contrary any public interest. The proposal is to create a

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 79 temporary camping sites ancillary for the events from the existing operations of the Mudgee Showground and for events held within the local government area. (a) Federal, State and local government interests and community interests

There are no Federal or State Government interests in regard to the matter. The proposal is considered to be in the interest of the community as the proposal will provide an additional benefit to the uses of the facility.

6. INTERNAL STAFF CONSULTATION AND ASSESSMENTS

(a) Health & Building. Council’s Building and Health Department had no concerns with regard to the proposed development, subject to compliance with the relevant conditions and standards.


Not applicable.


Having regard to the Mudgee Showground Conservation Management Plan and the Mudgee Showground Master Plan, the proposal is not likely to affect or alter the strategic directions of these plans. DOUGLAS SELEMS TOWN PLANNER


APPROVED FOR SUBMISSION: WARWICK L BENNETT GENERAL MANAGER Attachments: 1. Locality Plan 2. Site Plan 3. Submission



ATTACHMENT 1


ATTACHMENT 2




ATTACHMENT 3



6.2.3 DA0354/2013 Staged Dwelling House and Consolidation, Lots 3 & 4 DP 1146240 and Lot 1 DP 1062660 – 51 Lue Road Milroy.

REPORT BY THE ENVIRONMENTAL TOWN PLANNER TO3 APRIL 2013COUNCIL MEETING DA0354-2013 Staged Dwelling and Consolidation - Walker A0100056,P2084562

RECOMMENDATION That: 1. the report by the Environmental Town Planner on DA 0354/2013 Staged Dwelling

House and Consolidation, Lots 3 & 4 DP 1146240 and Lot 1 DP 1062660 – 51 Lue Road Milroy be received;

2. that Development Application number DA 0354/2013 for a Staged Dwelling House

and Consolidation, Lots 3 & 4 DP 1146240 and Lot 1 DP 1062660 – 51 Lue Road Mudgee (Milroy) be determined by way of consent subject to the following conditions;

APPROVED DEVELOPMENT 1. This consent relates to the consolidation of land and staged consent for the

erection of a dwelling house. In this regard the legal entitlement to erect a dwelling on the land has been granted consent; the erection of the dwelling house is not approved by this consent and must form the subject of a separate Development Application. Nothing in this consent is to be construed as preventing Council from issuing further consent for the erection of a dwelling house in accordance with this consent.

Notes: Any alteration to the plans and/or documentation shall be submitted for the

approval of Council. Such alterations may require the lodgement of an application to amend the consent under s96 of the Act, or a fresh development application. No works, other than those approved under this consent, shall be carried out without the prior approval of Council.

Where there is an inconsistency between the documents lodged with this

application and the following conditions, the conditions shall prevail to the extent of that inconsistency.

2. The development is to be carried out generally in accordance with the stamped

approved plans including any Amendments made in red. Any alteration to the plans and/or documentation shall be submitted for the

approval of Council. Such alterations may require the lodgement of an application to amend the consent under s96 of the Act, or a fresh development application. No works, other than those approved under this consent, shall be carried out without the prior approval of Council.

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 85 GENERAL 3. If any Aboriginal Artefacts are uncovered or identified during any construction

earthworks, such work is to cease immediately and the local aboriginal community and National Parks and Wildlife Service are to be notified.

(Note: A suitably qualified person would be required to be present during

earthworks to identify whether any artefacts were uncovered). 4. Intensive plant agriculture as defined by the Mid-Western Local Environmental

Plan 2012 and/or irrigated fodder production is to be carried out on the site in perpetuity while ever a dwelling exists on the land. A suitable positive covenant is to be placed on the allotment capturing the requirements of this condition. The details of the positive covenant are to be submitted to Council for approval with the application for the subdivision certificate.

5. A subdivision certificate is to be obtained from Council prior to the registration

of the plan of consolidation. PRIOR TO THE COMMENCEMENT OF WORKS – STAGE 2 6. Prior to the commencement of any construction works, the following provisions

are to be complied with:

a) A separate Development Consent is to be obtained from Council relating to the erection of a dwelling house in association with this consent.

b) A Construction Certificate is to be obtained in accordance with Section 81A(2)(a) of the Act.

c) A Principal Certifying Authority is to be appointed and Council is to be notified of the appointment in accordance with Section 81A(2)(b) of the Act.

d) Council is to given at least 2 days notice of the date intended for commencement of building works, in accordance with Section 81A(2)(c) of the Act.

Executive Summary

The proposed development is comprised primarily of the consolidation of three parcels of land into one allotment. The Development Application seeks to explicitly retain the existing dwelling rights enjoyed by Lot 1 DP 1062660 and has therefore also included a staged dwelling. The staged dwelling component of the application confirms that a dwelling right exists subject to the conditions of consent however; a further development application requires approval before any structures may be erected. The proposed development is somewhat unique in that the allotments to be consolidated are not contiguous in that by road the vehicle access to each part of the holding will be separated by several hundred metres. The applicant has submitted advice from the Land and Property Information division of the NSW Department of Finance and Services (formerly the Lands Titles Office) indicating that a non-contiguous amalgamation of allotments is a legitimate development provided Council has granted consent to the development. There have been no public submissions in relation to the proposal.



The subject site is owned by a sitting Councillor and therefore the development application has been referred to a meeting of Council for its assessment and determination. Staff do not have the delegation to determine Councillors development applications.

Detailed report

Provisions of any Environmental Planning Instrument and any draft EPI

The land is zoned RU4 – Primary Production Small Lots pursuant to Mid-Western Regional Local Environmental Plan 2012 (LEP 2012).

Clause 2.3 - Zone objectives and Land Use Table

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. The objectives of the RU4 zone seek to facilitate primary production, intensive plant agriculture in particular while avoiding land use conflicts and encouraging diverse employment opportunities.

The subject application makes provision for the subsequent erection of a dwelling house on the allotment. The impact on the character of the locality is likely to remain intact following the erection of a dwelling on the site. The site is adjacent to an area of R2 – Low Density Residential Zoned land which has established a pattern of dwellings along an elevated brow adjoining the area of the subject site containing the building envelope. The area down slope (south) of the R2 zone is characterised by a small number of scattered dwelling within the Lawson Creek / Cudgegong River flood plain which generally support the production of fodder or intensive plant agricultural pursuits. The erection of a dwelling of itself will not intensify the use of the land to the point where a situation of conflict arises under normal circumstances.

There are no matters raised in the consideration of the zone objectives that would suggest refusal of the application is warranted. Clause 4.2AErection of dwelling houses and dual occupancies on land in certain zones The subject application is relying on clause 4.2A(3)(a) in order to comply with the vacant land dwelling provisions of the LEP which have been included below. In this regard the site meeting the minimum lot size requirements of the LEP.

Clause 4.2B Dwelling houses on land in Zone RU4 Primary Production Small Lots

Development consent must not be granted for the erection of a dwelling house on land in Zone RU4 Primary Production Small Lots unless the consent authority is satisfied that: (a) the land is being used, or is intended to be used, for the purpose of intensive plant agriculture, and Comment: The application indicates that the site will be utilised for the production of Lucerne which is consistent with LEP. (b) the dwelling house will be required to support the carrying out of the intensive plant agriculture or the irrigation of pasture and fodder crops, and Comment: The farming activity will be carried out by the future occupant of the dwelling.

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 87 (c) the dwelling house is not likely to cause any land use conflict with existing agricultural uses being undertaken on neighbouring properties in the zone, and Comment: The building envelope is adjacent to R2 zoned land and given the existing character of the area a dwelling erected in this area will not of itself give rise to land use conflict. (d) services for the supply of water and electricity to support that agricultural use are available or adequate arrangements have been made to make them available when required. Reticulated services are available to the site and there is 120 mega litres of water available for agricultural production. Clause 6.1 – Salinity The current application does not comprise works. Notwithstanding the erection of a dwelling on the land is not likely to significantly impact on salinity processes within the land or locality. The installation of appropriate sewer disposal system and stormwater drainage will be influential in terms of the movement of salts on the site however; these aspects will be examined as part of stage 2 of the development. Clause 6.4 - Groundwater vulnerability The subject site is mapped as being in an area of groundwater vulnerability. Before determining a development application for development on land to which this clause applies, the consent authority must consider the following:

(a) the likelihood of groundwater contamination from the development (including from any on-site

storage or disposal of solid or liquid waste and chemicals),

(b) any adverse impacts the development may have on groundwater dependent ecosystems,

(c) the cumulative impact the development may have on groundwater (including impacts on nearby groundwater extraction for a potable water supply or stock water supply),

(d) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the

development. Comment: The on-site disposal of sewer has the potential to negatively impact on groundwater quality however; further approval pursuant to the Local Government Act is required prior to the installation of an on-site disposal system. It is Council’s standard practice to consider the suitability of the proposed system and the likely impact of such a system as part of the Local Government Act approval process. Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:

(a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or



(b) if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

(c) if that impact cannot be minimised—the development will be managed to mitigate that impact. Comment: As mentioned above the major sources of potential impact are the on-site treatment and disposal of sewer and groundwater extraction for domestic purposes, which also mentioned above will be considered in due course via other legislative approval processes. State Environmental Planning Policy (Rural Lands) 2008

The State Environmental Planning Policy (Rural Lands) 2008 (SEPP Rural Lands) applies to the land and the proposal. The relevant provisions of the SEPP are included below. Clause 10 Clause 10 of the SEPP Rural Lands is relevant to the proposal, in this instance the approval of a staged dwelling will not establish or entrench any existing situations of land use conflict nor inhibit the achievement of strategic planning aims for the locality. Given due consideration, there are no matters arising from Clause 10 of the SEPP Rural Lands that would restrain the granting of consent to the development. (b) Provisions of any Development Control Plan or Council Policy The Development Control Plan 2013 (the DCP) applies to erection of dwellings. Clause 6.1 of the DCP requires that the applicant demonstrate that intensive plant agriculture will be carried out in association with erection of a dwelling and that where reticulated services are present within 500m of the site the dwelling should be connected to the services. It is not practical to connect the site to reticulated sewer due to the lay of the land however, the building envelope has access to the reticulated water supply. The DCP requires the submission of a business plan to examine the viability of the proposed production however, in this instance the nature of the site is such that only the lower flats are suitable for intensive agriculture and the proposal includes the utilisation of this land in its entirety. (c) Section 94 & 64 Contributions

The proposal does not create any additional dwelling rights or allotments and therefore no contributions are payable. The likely impact of the proposed development on the natural and built environment and social and economic impacts in the locality.

Context and setting – regional and local context Is the proposed development satisfactory in terms of: The scenic qualities and features of the landscape? YES The character and amenity of the locality and streetscape? YES The previous and existing landuses and activities in the locality? YES


Context and setting – adjacent properties Is the proposed development satisfactory in terms of : Relationship and compatibility of adjacent landuses? YES Views and vistas? YES Edge conditions such as boundary treatments and fencing? YES

Access, transport and traffic Is the proposed development satisfactory in terms of: Traffic generation and the capacity of the local and arterial road network? YES Public transport availability / use? YES Pedestrian amenity? YES

Public domain Is the proposed development satisfactory in terms of its impact on the public domain in terms of: Public recreational opportunities in the locality? YES Amount. Location, design, use and management of public spaces YES

in and around the development? Pedestrian linkages and access between development and public areas? YES

Utilities Is the proposed development satisfactory in terms of: Utility needs of the development – water, sewer, electricity and gas? YES Availability and capacity of utilities? YES Will the supply of utilities affect the environment? NO

Heritage – proposed site and adjacent properties Is the proposed development satisfactory in terms of: The heritage significance of items, landscapes, places, relics and practices? YES The historic, scientific, social, aesthetic, cultural, anthropological, spiritual, YES

archaeological (Aboriginal, non-Aboriginal and underwater) significance? Aboriginal, non-Aboriginal and natural heritage? YES Is any heritage study, conservation planning, conservation management plan N/A

or statement of heritage impact required? Other land resources

Is the proposal satisfactory in terms of the effect on conserving and using valuable land resources such as: Productive agricultural land? N/A Mineral and extractive resources? N/A Water supply catchments? YES

Water Is the proposed development satisfactory in terms of conservation of water resources and the water cycle in terms of: The water needs of the development? YES Water supply sources? YES Treatment, reuse and disposal of waste water and runoff? YES Drainage, flow regimes, flooding on-site, up and downstream and in the YES

catchment floodplain? Water quality and pollution of water bodies including groundwater? YES Water management plans and monitoring? N/A



Soils Is the proposed development satisfactory in terms of the effect on soil conservation in terms of: Soil qualities – erodibility, permeability, expansion, contraction, fertility/

YES productivity, salinity, sodicity, acidity, contaminants?

Instability – subsidence, slip, mass movement? YES

Proposed movement, formation, use and management of soils? YES Soil erosion and degradation? YES Sedimentation and pollution of water bodies? YES Remediation if contaminated soils? N/A

Air and the microclimate Is the development satisfactory in terms of its affect on air quality and microclimate in terms of: Existing air quality and pollution problems? YES The microclimate, prevailing meteorological conditions and topography? YES Emissions of dust, particulates, odours, fumes, gases and pollutants? YES Measures to prevent and mitigate air pollution? N/A

Flora and fauna Is the proposed development satisfactory in terms of the effect on the maintenance of biodiversity and: Protection and management of critical habitats: threatened species, N/A

populations, ecological communities or their habitats: and other protected species – see any plans or threat abatement plan under Threatened Species Conservation Act

Wildlife corridors and remnant vegetation? N/A The amount and location of vegetation disturbance and clearance?

YES New vegetation – species selection, placement and purpose?

YES Waste

Is the development satisfactory in terms of waste facilities and controls for: The generation, collection storage and disposal of waste? YES Recycling and composting waste? YES

Energy Is development going to conserve energy and be energy efficient in terms of: Measures to save energy – passive design, solar lighting and heating, YES

natural ventilation shading elements, insulation, high thermal mass building materials, energy efficient appliances and machinery?

Noise and vibration Is the development satisfactory in terms of the generation of offensive noise pollution or vibration in terms of ambient noise levels in the locality and prevailing meteorological conditions -

YES wind speed/direction and temperature inversions?

noise and vibration mitigation measures and management? YES Natural hazards

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 91 Are there risks to people, property and biophysical environment from: geologic / soil instability – subsidence, slip, mass movement? NO flooding, tidal inundation? NO bushfire risk – (Planning for Bushfire Protn-Dept of Bushfire Services)? NO

Safety, security and crime prevention Is the development satisfactory in terms of the provision of safety and security in terms of: risk assessment and potential for accident, injury and criminal activity, YES

particularly in residential areas and commercial/shopping centres? Measures used for safety, security and crime prevention such as YES

situational measures and environmental design? Natural surveillance and visibility in public areas, including active uses on YES

adjacent ground floors and building frontages/edges and lighting? Maintaining the condition and use of public areas, reinforcing territoriality and

YES reducing fear of crime?

Technological hazards Is the development satisfactory in terms of risks to people, property and biophysical environment from: Industrial and technological hazards (see various hazardous industry papers N/A

produced by the Department of Urban Affairs and Planning)? Land contamination and remediation – (is there a need for risk assessment N/A

and management – see Multi-Level Risk Assessment (Department of Urban Affairs and Planning 1997)?

Social impact in the locality Is the development satisfactory in terms of the social benefits and cost of the development in terms of: The health and safety of the community? YES Community structure, character, values and beliefs and social cohesion? YES A sense of place and community and community facilities and links?

YES

The interaction between new development and the community? YES Social equity, socio-economic groups and the disadvantaged? YES

Economic impact in the locality Is the development satisfactory in terms of the economic benefit and cost of development in terms of: Employment generation and economic income? YES Existing and future businesses? YES Property values as indicator of environmental impact? YES

Site design and internal design Is the development design sensitive to environmental conditions and site attributes including: Size, shape and design of allotments, easements and roads? YES The proportion of site covered and the positioning of buildings? YES The size (bulk, height, mass) form, appearance and design of buildings? YES The amount, location, design, use and management of private and communal

YES open space including landscaping?

Construction



Is the proposed development satisfactory in terms of the impact of construction activities in terms of: The environment planning issues listed and any protection measures? YES Site safety and site safety measures? YES Staging construction N/A

Cumulative impacts Is the proposed development satisfactory in terms of impacts having potential to act in unison in terms of: Individual impacts so close in time that the effects of one are not dissipated

YES before the next (time crowded effects)?

Individual impact so close in space that the effect overlap (space crowded YES effect)

Repetitive, often minor impacts eroding environmental conditions (nibbling YES effects)?

Different types of disturbances interacting to produce an effect which is YES greater or different than the sum of the separate effects (synergistic effects)?

The suitability of the site for the development Does the proposal fit in the locality?

Are the constraints posed by adjacent developments prohibitive? NO Would development lead to unmanageable transport demands and are NO

there adequate transport facilities in the area? Will the locality contain adequate recreational opportunities and public spaces YES

for new occupants? Are utilities/services available and adequate for the development? YES Is the air quality and microclimate appropriate for the development? YES Are there hazardous land uses or activities nearby? NO Are ambient noise levels suitable for the development? YES

Are the site attributes conducive to development? Is the site subject to natural hazards including flooding, tidal inundation, Yes

subsidence, slip, mass movement and bushfires? Is the proposal compatible with conserving heritage of the site?

NA Are the soil characteristics on the site appropriate for development?

YES Is development compatible with protecting any critical habitats or NA

threatened species, populations, ecological communities and habitats on the site? Is the site prime agricultural land and will development prejudice future NA

agricultural production? Will development prejudice the future use of the site for mineral and extractive NA

resources? Comment: The existing building envelope is located within a flood free portion of the site and alternate access is available to Robert Hoddle which is flood free.

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 93 6+The public interest Federal, State and Local Government interests and community interests Do any policy statements from Governments have relevance? YES Are there any relevant planning studies and strategies? YES Is there any management plan, planning guideline, or advisory document

that is relevant? YES Do any covenants, easements have an effect on the proposal? YES Have there been relevant issues raised in public meetings and inquiries? N/A


Not applicable.


Not applicable.

NATHAN BURR ENVIRONMENTAL TOWN PLANNER


22 March 2013 Attachments: 1. Locality Plan

2. Plan Of Consolidation

APPROVED FOR SUBMISSION: WARWICK L BENNETT GENERAL MANAGER



ATTACHMENT 1


ATTACHMENT 2



6.2.4 Monthly Budget Review – February 2013

REPORT BY THE MANAGER FINANCIAL PLANNING TO 3 APRIL 2013 COUNCIL MEETING Feb Budget Review A0100056, A0149935

RECOMMENDATION That: 1. the report by the Manager Financial Planning on the Monthly Budget Review –

February 2013 be received; 2. the 2012/13 Operational Plan be amended in accordance with the variations as

listed on page 2 of the February 2013 Monthly Budget Review and reproduced in the report below.

Executive summary

This report presents to Council the February Monthly Budget Review of the 2012/13 Operational Plan.

Detailed report

Clause 202 of the Local Government (General) Regulation 2005 states that the responsible accounting officer is to maintain a system of budgetary control that enables actual income and expenditure to be monitored each month and compared with the estimate of Council’s income and expenditure and that any material difference be reported to the next meeting of Council.

The following budget variations have been recommended in the February Monthly Review in order to allow for: grant funding received for the Glen Willow Walkway project and the Electronic Housing Code; transfer of funds from contractor retentions to partially cover rectification works on the Mudgee Library building improvements; contribution towards the Kandos Netball Courts for installation of lights; and some minor transfers to expenditure budgets.



All of the listed variations are contra variations, so there is no impact on projected cash balances.

Community Plan Theme Variation Amount

Contra Variations

Protecting our Natural

Environment

Savings on environmental projects - Salinity Monitoring, Community Education, National Tree

Day and Urban Stream Weed Control 2,200 C

Protecting our Natural

Environment Increase in membership expenses - Environment Projects and Initiatives (2,200) C

Looking after our Community Contribution received from Rylstone Kandos Netball Inc for installation of lights at Kandos

netball courts 21,327 C

Looking after our Community Installation of 4 lights at Kandos netball courts - contractor works (21,327) C

Looking after our Community Travel reimbursement received from Department of Planning - Electronic Housing Code 1,300 C

Looking after our Community Increase travel expenditure costs - travel to Electronic Housing Code meeting (1,300) C

Connecting our Region Transfer from capital program reserves to match Roads and Maritime Services (RMS) funding 6,000 C

Connecting our Region RMS grant funding for stage 1 of Glenwillow pathway project 65,000 C

Connecting our Region Increase Glenwillow pathway expenditure - grant and reserve funded (71,000) C

Good government Reduction of IT special projects 4,000 C

Good government Increase in server reconfiguration costs (4,000) C

Looking after our Community Reduce expenditure Cudgegong Waters Caravan Park toilets - Reserve funded 8,000 C

Looking after our Community

Increase expenditure on Bellevue Park shade sail - Poles require replacement to strengthen

structure - Reserve funded (8,000) C

Looking after our Community

Contribution to rectification works Mudgee Library building improvements - from contractor

retention moneys 115,200 C

Looking after our Community Increase expenditure Mudgee Library building improvements - rectification works (115,200) C

Total Contra Variations 0

TOTAL GENERAL FUND 0

Code

F - Favourable

U - Unfavourable

C - Contra

February Proposed Variations




Not applicable.

LEONIE JOHNSON MANAGER FINANCIAL PLANNING

CLARE PHELAN GROUP MANAGER FINANCE AND ADMINISTRATION

22 March 2013 Attachments: 1. February Monthly Budget Review – 2012/13 Operational Plan (at the end of

the Business Paper) APPROVED FOR SUBMISSION: WARWICK L BENNETT GENERAL MANAGER

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 99 6.2.5 Water modelling – Cudgegong River

REPORT BY THE GENERAL MANAGER TO 3 APRIL 2013 COUNCIL MEETING Water modelling - Cudgegong River A0100056, F0780005, A0170053

RECOMMENDATION That: 1. the report by the General Manager on Water modelling – Cudgegong River be

received; 2. Council work with the NSW Office of Water to insist that the minimum storage

level at Windamere Dam remains at 120,000 megalitres and that the NSW Office of Water be requested to immediately amend their Bulk Water Transfer Plan.

Detailed report

Please find attached a report from Gilbert and Sutherland in regard to the use of water from the Cudgegong River and the storage in the Windamere Dam. This report was requested by Council as a result of the transfer of high security licences from the Macquarie River to the Cudgegong River. In other words, from below the Burrendong Dam to above the Burrendong Dam. Council asked a series of questions to Gilbert and Sutherland and those questions are included in the attached report. The main focus of the report is how will the water levels cope if the existing policies of the NSW Office of Water are retained with the extraction of further waters required by Cobbora Coal and the Kingsgate Silver Mine at Lue. From time to time, usually in drought periods, the NSW Office of Water allows for bulk transfer of water from the Windamere Dam to the Burrendong Dam to ensure that the water users below the Burrendong Dam still have the security of water for their use. Council will see from the attached report that in 2003 there was a considerable transfer of water from the Windamere Dam to Burrendong, which caused a substantial lowering of the Windamere Dam to dangerously low levels for the quantity of water required for users in the Cudgegong River. The minimum level under the current Bulk Water Transfer Plan is that Burrendong Dam remain at a storage level of 70 megalitres of water. If Cobbora Coal Mine requires its high security licence extraction of water, the attached professional advice is stating that the Cudgegong minimum storage level should remain at 95,000 megalitres. If we add the Lue Silver Mine to that extraction from the Cudgegong River, then the storage level should remain at 120,000 megalitres. This report is recommending that Council work with the NSW Office of Water to insist that the minimum storage level in the Windamere Dam remains at 120,000 megalitres and that the NSW Office of Water immediately amend their Bulk Water Transfer Plan.


The cost of this report was $12,000 and Council allocated $20,000 for the writing of this report. However, that additional funding may be required as assistance from Gilbert and Sutherland could be very beneficial in convincing the NSW Office of Water to amend their Bulk Water Transfer Plan.




Nil at this stage. 26 March 2013 Attachments: 1. Gilbert and Sutherland report on Water Modelling for the Cudgegong River WARWICK L BENNETT GENERAL MANAGER


ATTACHMENT 1





















Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 115 6.2.6 Mudgee Sewerage Augmentation Progress Report

REPORT BY THE BUSINESS MANAGER SERVICES TO 3 APRIL 2013 COUNCIL MEETING Mudgee Sewerage Augmentation Progress Report Feb March 2013 A0100056, A0100055, F0740001

RECOMMENDATION That the report by the Business Manager Services on the Mudgee Sewerage Augmentation Progress Report be received.

Executive summary

Attached for Council’s information is a progress report on the construction of the Mudgee Sewage Treatment Plant, Putta Bucca Pump Station and Power Supplies contracts. Monthly progress reports will be provided to Council for the duration of the project.

Detailed report

The attached report contains relevant information on expenditure and project programme.


Contract variations for the Mudgee Sewage Treatment Plant construction to date amount to $181,529.85 (ex GST).


Not applicable.

CLAIRE CAM BUSINESS MANAGER SERVICES

BRAD CAM GROUP MANAGER, MID-WESTERN OPERATIONS

22 March 2013 Attachments: 1. Mudgee Sewerage Augmentation Project Status Report February - March

2013 APPROVED FOR SUBMISSION: WARWICK L BENNETT GENERAL MANAGER



ATTACHMENT 1



















6.2.7 Naming of new roads in the Glen Myra Subdivision off Robertson Street, Mudgee

REPORT BY THE REVENUE & PROPERTY MANAGER TO 3 APRIL 2013 COUNCIL MEETING Street Naming – Doug Gudgeon Drive and Brian Heber Grove A0100056, R0790141

RECOMMENDATION That: 1. the report by the Revenue & Property Manager on the Naming of new roads in

the Glen Myra Subdivision off Robertson Street be received; 2. Council formally approve the name of Doug Gudgeon Drive and Brian Heber

Grove for the new roads in the Glen Myra Estate subdivision off Robertson Street and Melton Road.

Executive summary

Formal approval is requested to name the new roads in the Glen Myra Estate subdivision off Robertson Street and Melton Road in Mudgee, Doug Gudgeon Drive and Brian Heber Grove.

Detailed report

Following the approval of the Glen Myra Estate subdivision off Robertson Street, Council wrote to neighbours of the subdivision requesting their naming suggestions. Public consultation was also invited in an advertisement placed in the December 2012 issue of the Community News. From submissions received, Council provisionally approved the names of Doug Gudgeon Drive and Brian Heber Grove at their 6/2/13 Council Meeting. The Geographical Names Board has been advised of these street names and has no objection. Doug Gudgeon Drive and Brian Heber Grove was advertised in the 15/2/13 issue of the Community News and on Council’s website with no submissions received. Notices of the new street names were served on Australia Post, the Registrar General, the Surveyor General, the NSW Ambulance Service, NSW Fire Service, NSW Rural Fire Brigades, NSW Police Force, NSW SES and NSW VRA with no objections received.


Cost of Gazettal notice at approx $60. Purchase and installation of four street signs will be met by the Developer. Street signs to be installed on the Robertson Street intersection with proposed Brian Heber Grove, the Melton Road intersection with proposed Doug Gudgeon Drive and at the intersection of the unnamed streets.


Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 129 Street naming is legislated under the Roads Act 1993. This Act empowers the authority in charge of the road with the rights to name it. The naming of these streets will allow the completion of street addressing within the new subdivision. Section 162 of the Roads Act (1993) states that “a road authority may name and number all public roads for which it is the authority. A roads authority may not alter the name of a public road unless it has given the Geographical Names Board (GNB) at least two months notice of the proposed name.” In accordance with Council's Road Naming Policy, should Council formally endorse the naming of these new streets, notice of the approved names will be: 1. published in the Government Gazette and the Community News. 2. concurrently, notice of the new names will be sent to Australia Post, the Registrar General,

the Surveyor General, the Chief Executive of the Ambulance Service of NSW, New South Wales Fire Brigades, the NSW Rural Fire Service, the NSW Police Force, the State Emergency Service, The New South Wales Volunteer Rescue Association Inc, and, in the case of a classified road - the RTA.

DIANE SAWYERS REVENUE & PROPERTY MANAGER


21 April 2013 Attachments: 1. Correspondence received from the Geographical Names Board 2. Submissions 3. Council’s Pre-Approved Names List 4. Map of the new road reserves off Robertson Street. APPROVED FOR SUBMISSION: WARWICK L BENNETT GENERAL MANAGER



ATTACHMENT 1








ATTACHMENT 2










Please Note – Email received after Nashs Flat Place had been Gazetted on 30/11/12 but as it related to Dr Heber has been included in this report as a submission for this street name.



Please Note – At the time of receipt of this submission Council had already received the first submission for a street in the new subdivision off Robertson Street to be named in honour of Dr Heber.







ATTACHMENT 3




ATTACHMENT 4

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 149 6.2.8 Naming of new road – Stan Boal Court

REPORT BY THE REVENUE & PROPERTY MANAGER TO 3 APRIL 2013 COUNCIL MEETING Street Naming – Stan Boal Court A0100056, R0790141

RECOMMENDATION That: 1. the report by the Revenue & Property Manager on the naming of new road – Stan

Boal Court be received; 2. Council formally approve the name of Stan Boal Court for the new road in a new

subdivision off Church Street.

Executive summary

Formal approval is requested to name the new road in the new subdivision off Church Street in Mudgee, Stan Boal Court.

Detailed report

Following the approval of a subdivision off Church Street, Council wrote to neighbours of the subdivision requesting their naming suggestions. Public consultation was also invited in an advertisement placed in the December 2012 issue of the Community News. From submissions received, Council provisionally approved the name of Stan Boal Court at their 6/2/13 Council Meeting. The Geographical Names Board has been advised of this street name and has no objection. Stan Boal Court was advertised in the 15/2/13 issue of the Community News and on Council’s website with one supporting submission received. Notices of the new street name were served on Australia Post, the Registrar General, the Surveyor General, the NSW Ambulance Service, NSW Fire Service, NSW Rural Fire Brigades, NSW Police Force, NSW SES and NSW VRA with no objections received.


Cost of Gazettal notice at approx $60. Purchase and installation of one street sign will be met by the Developer. Street sign to be installed on the Church Street intersection with the unnamed street.


Street naming is legislated under the Roads Act 1993. This Act empowers the authority in charge of the road with the rights to name it. The naming of this street will allow the completion of street addressing within the new subdivision. Section 162 of the Roads Act (1993) states that “a road



authority may name and number all public roads for which it is the authority. A roads authority may not alter the name of a public road unless it has given the Geographical Names Board (GNB) at least two months notice of the proposed name.” In accordance with Council's Road Naming Policy, should Council formally endorse the naming of this new street, notice of the approved name will be: 1. published in the Government Gazette and the Community News. 2. concurrently, notice of the new name will be sent to Australia Post, the Registrar General,

the Surveyor General, the Chief Executive of the Ambulance Service of NSW, New South Wales Fire Brigades, the NSW Rural Fire Service, the NSW Police Force, the State Emergency Service, The New South Wales Volunteer Rescue Association Inc, and, in the case of a classified road - the RTA.

DIANE SAWYERS REVENUE & PROPERTY MANAGER


21 March 2013 Attachments: 1. Correspondence received from the Geographical Names Board 2. Submissions 3. Council’s Pre-Approved Names List 4. Map of the new road reserve off Church Street. APPROVED FOR SUBMISSION: WARWICK L BENNETT GENERAL MANAGER


ATTACHMENT 1









ATTACHMENT 2







ATTACHMENT 3




ATTACHMENT 4

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 163 6.2.9 Addition of Browns Lane, Kandos and Lower Piambong Road,

Piambong to existing Bus Routes

REPORT BY THE MANAGER TECHNICAL SERVICES TO 3 APRIL 2013 COUNCIL MEETING Additional School Bus Routes A0100056, A0170051,R9015001,R0042001

RECOMMENDATION That: 1. the report by the Manager Technical Services on the Addition of Browns Lane,

Kandos and Lower Piambong Road, Piambong to existing Bus Routes be received;

2. that Brown’s Lane, Kandos be endorsed for inclusion as part of the Nullo

Mountain to Rylstone Primary School Bus Route. 3. that Lower Piambong Road, Piambong be endorsed for inclusion as part of the

Goolma to Kaludabah Bus Route from the Goolma Road for 12km to the property Comelong in dry weather only utilising a small 20 seater bus.

Executive summary

Council has received two requests for Council roads to be endorsed for inclusion as part of bus routes. The Department of Transport and Infrastructure requires Council approval for buses to travel on Council roads. This report recommends the requested roads being Browns Lane Kandos and part of Lower Piambong Rd Piambong be endorsed for bus travel.

Detailed report

Browns Lane is an unsealed road approximately 2.1km in length and runs between Glen Alice Rd and Narrango Rd. It is a well formed Minor Local Council road currently on a 2 year grading schedule. It is considered suitable for a bus to travel on. Under Councils Road Asset Management Plan, minor local roads that are also a Bus route are graded every 12 months. Historically Browns Lane has been graded generally every 12 months, every second grade being a “reactive grade” as the traffic volumes have meant the road has generally deteriorate to a condition that it has required grading ahead of the 2 year scheduled grade. Hence the inclusion as a bus route will not in practice change the grading frequency and hence not affect Councils roads budget. Lower Piambong Road is approximately 30km in length and runs between the Castlereagh Hwy at Menah to the Goolma Rd at Two Mile Flat. The requested bus route is from Goolma Rd at Two Mile Flat to the property Comelong which is approximately 12km. The bus company advises they are actually already operating the 20 seater bus on the route, but still require approval from Council to validate the route with the Department of Transport and Infrastructure. Lower Piambong Rd is a Minor Local Rd that is relatively narrow with multiple curves and crests. While Council considers the requested 12km of Lower Piambong Rd route to be suitable for a small bus in dry weather conditions, there are two issues that may make the route unsuitable in wet weather. They are: 1. The causeway crossing Piambong Ck approximately 8.2km from Goolma Rd is flooded

regularly in storms.



2. The width and alignment of the road make it unsuitable for a bus under wet conditions. These issues have been discussed with the bus operator. Since the bus commenced running on the road in February, it has been relatively dry so they have not been an issue to date. However the operator suggests that if the causeway is up the bus will not cross it and parents will need to drive the children through it or back the other way (which may actually also be flooded in which case the children don’t go to school). If the road itself is considered dangerous due to wet conditions the operator proposes the bus will not travel along it rather collect the children at the intersection of Goolma Rd and Lower Piambong Road. However Council needs to be aware that as soon as this road is declared a bus route there could be considerable public pressure placed upon Council to ensure that this road is fully upgraded to all weather standard and that cost could be up to $500,000 The use of the school bus to collect children along Lower Piambong Road is considered positive in that it reduces the number of cars travelling along the road both morning and afternoon, and therefore the road condition will not deteriorate as quickly, however the accepted standard for a minor local road that has a bus on it is higher than that of a non bus route, hence the under Councils Road Asset Management Plan, minor local roads that are also a Bus route are graded every 12 months, whereas currently that section of Lower Piambong Rd is on a 24 month grading schedule.


Based on the average cost of $1650/km to grade a rural road, to include 12km of Lower Piambong Rd as a bus route and grade it every 12 months is an additional $9,900 per year and can be incorporated into the existing road maintenance budget. Any upgrades to improve the quality of the road for wet weather bus travelling would be a considerable upfront cost. Similarly based on the average cost of $1650/km to grade a rural road, to include 2.1km of Browns Lane as a bus route and grade it every 12 months is an additional $1,730 per year in theory, however in practice as mentioned in the body of the report it has been graded every year for many years under the reactive budget, so no real effect on the overall budget or resources would be realised.


Mid-Western Regional Council Road Asset Management Plan.

ANDREW KEARINS MANAGER TECHNICAL SERVICES


20 March 2013 APPROVED FOR SUBMISSION: WARWICK L BENNETT GENERAL MANAGER


6.2.10 Regional signage

REPORT BY THE GENERAL MANAGER TO 3 APRIL 2013 COUNCIL MEETING Regional signage A0100056, A0820020

RECOMMENDATION That the report by the General Manager on Regional signage be received.

Detailed report

Recently, Council requested that the Roads & Maritime Services (RMS) be requested to place more effective directional signage at major intersections to this region. The focus of the resolution was that more advanced warning be given of the exits to the towns in this region than what currently exists. I have been in constant contact with the RMS on this matter and they have agreed to the following.

1. At Kelso (Bathurst), the advanced directional signage there will be upgraded to include Mudgee currently only Sofala

2. On the Great Western Highway, Mudgee and Gulgong will be included in the advanced directional signage prior to the intersection with Castlereagh Highway.

3. On the Castlereagh Highway, advanced directional signage to Rylstone and Kandos will appear prior to the intersection with the Bylong Valley Way. Rylstone will also have an advanced sign put up prior to the intersection with Cudgegong Road.

4. On the Golden Highway, advanced directional signage for Mudgee and Gulgong, prior to the intersection with Ulan Road. The signage to Rylstone and Gulgong is clearly marked on the Golden Highway prior to the intersection of Bylong Valley Way.

5. Also on the Golden Highway, Mudgee and Gulgong will be signposted on advanced directional signage from both directions prior to the intersection with the Castlereagh Highway at Dunedoo.

I will continue to discuss with the RMS to have Rylstone and/or Kandos included on the Great Western Highway signage, just prior to the Castlereagh Highway intersection.

Also, for Council’s information, the RMS is to review its decision that could see the installation of wire rope at the intersection of Guntawang Road and Goolma Road.


Nil at this stage.


Nil at this stage. WARWICK L BENNETT GENERAL MANAGER

26 March 2013



6.2.11 Staff Structure

REPORT BY THE GENERAL MANAGER TO 3 APRIL 2013 COUNCIL MEETING Staff structure A0100056, A0270001

RECOMMENDATION That: 1. the report by the General Manager on the Staff structure be received; 2. Council endorse the existing staffing structure noting the changed title from

Group Manager to Director.

Detailed report

Please find attached the staff structure of the Council. Council is required by the Local Government Act to review the staff structure within 12 months of the Local Government Elections. The staff structure being promoted is one that was promoted to and endorsed by Council in March 2011. The Executive see no reason to amend the existing structure. The organisation is working extremely well and effectively under this structure, and the recommendation of this report is that Council endorse the existing structure. The only change being promoted is the change in title name for Group Managers to Directors. The title Director is the most common used name for this level of management in NSW Local Government. The title Group Manager is used in larger Councils for third tier positions.


Nil. All existing staff positions are included in the existing budget.


Not applicable. Attachments: 1. Staff organisation structure WARWICK L BENNETT GENERAL MANAGER 26 March 2013


ATTACHMENT 1









6.2.12 National General Assembly of Local Government 2013

REPORT BY THE GENERAL MANAGER TO 3 APRIL 2013 COUNCIL MEETING NGA13 A0100056, A0110024, A0110018, A0310021

RECOMMENDATION That: 1. the report by the General Manager on the National General Assembly of Local

Government be received; 2. the Mayor and General Manager attend the National General Assembly of Local

Government in Canberra from the 16th to the 19th June 2013.

Detailed report

The Australian Local Government Association will be conducting their National General Assembly in Canberra from the 16th to the 19th June 2013. The theme of the conference is "Foundations for the Future". There is a lot happening in local government this year including the constitutional recognition and the NSW reforms as well as the 2013 general elections. It is considered appropriate that this Council be represented at this conference. This report recommends that the Mayor and General Manager attend the National General Assembly in Canberra. A copy of the draft programme is attached for Councillors information.


The cost of two representatives attending this conference is registration of $1800 plus accommodation. This would be funded from the Councils conference budget.


Attendance at this conference requires Councils approval. WARWICK L BENNETT GENERAL MANAGER 13 March 2013

Attachments: 1. Letter of invitation from ALGA and conference program.


ATTACHMENT 1















6.2.13 Tree Report for Robertson Road - Road Widening

REPORT BY ACTING OPEN SPACES COORDINATOR TO 3 APRIL 2013 COUNCIL MEETING Tree report for Robertson Road A0100056, R0790176

RECOMMENDATION That: 1. the report by Acting Open Spaces Coordinator on the Tree Report for Robertson

Road - Road Widening be received; 2. Council declines the request for the removal of the tree in the road reserve of

Robertson Road, Mudgee.

Executive summary

The aim of this report is for Council to decide on the future of the gum tree located opposite 76 Roberson Road, Mudgee. Recently Council has received a letter and numerous works request asking for the removal of this tree as residents are concerned about the safety issues of this tree.

Detailed report

This gum tree is located opposite 76 Robertson Road, Mudgee on the road reserve. Council has not received any complaints in regards to this tree until the road was widened in December 2012 when an extra 2metre seal was added. Since then Council has received numerous works request and a letter asking for the tree to be removed. The Blakely’s Red Gum is over 25 years old. It is located between the 2 new traffic calmers where speeding should not occur. However, if a vehicle travelling at high speed when it hits the traffic calmer it could endanger the life of the driver and anyone around them. This tree is delineated with 2 guide posts. The traffic line is in line with the tree and vehicles are forced closer to each other at the tree. Additionally this area is also used as a bus stop. Council staff also noted that residents regularly park vehicles and trailers on the southern side of the tree which gets them out the line of traffic. Upon inspection of this tree it appears to be in average condition with some deadwood in the canopy, decay middle of trunks. The tree is approximately 20m high and multi- trunk widths of 400mm to 450mm. The 2 leaders are approximately 1m from ground level. The recommendation in this report is to retain the tree and staff will undertake some repair work to have some of the deadwood removed.


Not applicable.

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 183 Strategic or policy implications

Tree Removal and Pruning Public Places Policy.

JENNY NEELY ACTING OPEN SPACES COORDINATOR


21 March 2013 Attachments: 1. Letter from Russell Sears 2. Tree assessment and Photos APPROVED FOR SUBMISSION: WARWICK L BENNETT GENERAL MANAGER



ATTACHMENT 1


ATTACHMENT 2

Tree Removal Assessment & Approval Form

Location & Details ☑ Mudgee □ Gulgong □ Kandos □ Rylstone □ Rural

Location: Opposite 76 Robertson Road (on golf course side)

Reason for request / assessment: Complaints from public due to tree being in close proximity to road

Botanical name (attach photos): Eucalyptus blakelyi

Common Name: Blakely’s Red Gum

Number of Trees: 1

Height/s: 20m approx Surrounding Trees and the assessed tree(s) place in the landscape:

Variety of trees in golf course and on opposite side of road

Assessment (Visual) Trunk diameter 1 metre above ground: Multi-trunked, ranging from 400mm to 450mm

Signs of ground movement or heaving □ Yes ☑ No

Visible Defects Large amount of deadwood in canopy, decay in middle of trunks

Soundness □ Sound ☑ Semi-Sound □ Unsound

Structural integrity of root system Appears sound

Broken limbs ☑ Yes □ No

Unusual lean □ Yes ☑ No

General health □ Good ☑ Average □ Poor / Fair

Existing / Potential to Damage Infrastructure Road

Safety Risks to pedestrians / traffic Traffic

Removal Impact: □ Low ☑ Moderate □ High Assessment (Other) Details of any other measures taken to determine health / risk of tree None

Recommendations

Priority Ranking

Action Recommended:

Date: 11/2/2013 J.Neely Inspector Approvals Approved Course of Action □ Remove □ Retain □ Monitor Notifications Required? □ Yes □ No

Notes: Date: Operations Group Manager

Please note: this is an assessment only




Edge of drive line.



Edge of drive line

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 189 6.2.14 Cultural Development Committee

REPORT BY THE MANAGER, COMMUNITY SERVICES TO 3 APRIL 2013 COUNCIL MEETING Cultural Development Committee - Jan - March 2013 A0100056, A0420172

RECOMMENDATION That: 1. the report by the Manager, Community Services on the Cultural Development

Committee be received; 2. Council note the minutes of the Cultural Development Committee meetings held

on 21st January 2013 and 18 March, 2013. 3. Council appoint Judith James and Gai Rayer to the Cultural Development

Committee.

Executive summary

The Cultural Development Committee meets to highlight and promote cultural issues in the region. The next meeting is due to be held on Monday 20th May 2013 at 5.00pm.

Detailed report

The Committee was provided with an update on a number of projects happening around the region. The Mudgee Town Hall and Library are due to be officially opened on the 11th April 2013 and the upgrade of the Museum is due to be completed within a matter of weeks. The committee agreed to appoint Councillor Lucy White as the Council representative to Orana Arts and that Virginia Handmer remain the community representative. The Committee also made a recommendation to Council that Judith James and Gai Rayner be appointed to the Committee. Further matters raised at the meeting are discussed in the minutes attached hereto.


Not applicable.


Not applicable.

KATE POWER MANAGER, COMMUNITY SERVICES


14 March 2013



Attachments: 1. Cultural Development Committee Minutes 21 January 2013 2. Cultural Development Committee Minutes 18 March 2013 APPROVED FOR SUBMISSION: WARWICK L BENNETT GENERAL MANAGER


ATTACHMENT 1

MINUTES OF MEETING OF THE MID-WESTERN REGIONAL COUNCIL CULTURAL DEVELOPMENT COMMITTEE

HELD ON MONDAY 21st JANUARY, 2013 MEETING AT THE COUNCIL CHAMBERS, MUDGEE AT 5PM.

PRESENT: Colin Jones, Christopher Wright, Helen Harwood, Katrina Rogers, Catherine Van

Laeren, Kate Power 1. WELCOME: – The meeting opened at 5.05pm and everyone welcomed by Colin Jones 2. APOLOGIES: Councillor Lucy White, Virginia Handmer, Leanne Wicks 3. INTRODUCTION: Kate Power, newly appointed Manager, Community Services was

introduced to the group. Simon Jones has taken the role of Manager, Information Services for Council, and Kate has taken on his cultural development and community services responsibilities. The Committee thanked Simon for his input and guidance of the Committee, and welcomed Kate.

4. ADOPTION OF PREVIOUS MINUTES OF 19th NOVEMBER, 2012

Moved: Katrina Rogers Seconded: Christopher Wright Minutes Accepted 5. MATTERS ARISING FROM THE MINUTES

5.1 KANDOS MUSEUM Colin Jones advised that the grant acquittal has been prepared for the work undertaken at the museum, which is due to be completed in a matter of weeks. Colin also advised that 3 Cementa_13 artists will exhibit at the museum during the festival.

5.2 SCULPTURES IN PARKLANDS

The committee discussed the sculpture project, and agreed that the grant funding timeline will determine the project timing. Helen Harwood tabled a draft policy, which Catherine Van Laeren and Kate Power will review and provide ‘track changes’ feedback on. Motion: That the Cultural Development Committee support the ongoing development of a Public Art Strategy. Moved: Christopher Wright Seconded: Katrina Rogers Motion Carried

6. GENERAL BUSINESS



6.1 ORANA ARTS REPRESENTATION Councillor White, while an apology for the meeting, indicated a willingness to be the Council representative to Orana Arts

Motion: That the Cultural Development Committee support the appointment of Councillor Lucy White as the Council representative to Orana Arts, and Virginia Handmer remain the community representative Moved: Christopher Wright Seconded: Helen Harwood Motion Carried

6.2 PUBLIC ART STRATEGY WORKSHOP

A date was not determined for the workshop, though a day and evening session was discussed, to allow for the most attendance. Catherine Van Laeren will discuss the outline and scope of the workshop with Councillor White. Colin Jones offered to chair or facilitate any planned workshop.

There being no further business the meeting closed at 6.10pm. Next proposed meeting date: Monday 18th March, 2013 at 5pm


ATTACHMENT 2

MINUTES OF MEETING OF THE MID-WESTERN REGIONAL COUNCIL CULTURAL DEVELOPMENT COMMITTEE

HELD ON MONDAY 18th MARCH, 2013 MEETING AT THE COUNCIL COMMITTEE ROOM, MUDGEE AT 5PM.

PRESENT: Colin Jones, Katrina Odgers, Virginia Handmer, Councillor Lucy White, Catherine

Van Laeren, Kate Power 1. WELCOME: – The meeting opened at 5.05pm and everyone welcomed by Colin Jones 2. APOLOGIES: Leanne Wicks 3. ADOPTION OF PREVIOUS MINUTES OF 21 JANUARY 2013

Moved: Katrina Odgers Seconded: Colin Jones Minutes Accepted 4. MATTERS ARISING FROM THE MINUTES

4.1 PUBLIC ART POLICY A draft Public Art Policy was tabled by Kate Power for the Committee’s consideration, and feedback at the next meeting. Colin Jones stated that for any public art policy, he felt it necessary to determine a theme for the works.

4.2 PUBLIC ART STRATEGY WORKSHOP

It was agreed to hold over to the next meeting the planning of a workshop. Motion: That the Cultural Development Committee consider the planning of a Public Art Strategy Workshop at the May 2013 meeting. Moved: Lucy White Seconded: Colin Jones Motion Carried

5. GENERAL BUSINESS

5.1 COMMITTEE MEMBERSHIP Applications for committee membership from Judith James and Gai Rayner were considered.

Motion: That the Cultural Development Committee support the appointment of Judith James and Gai Rayner to the committee, and a report to Council to that effect.



Moved: Lucy White Seconded: Katrina Odgers Motion Carried

5.2 TOURISM INDUSTRY, REGIONAL DEVELOPMENT FUND GRANT – PUBLIC ART SCULPTURES LAWSON PARK AND RYLSTONE

Council have been advised that they were not successful with the above named grant. 5.3 TOWN ENTRANCE SIGNAGE The Committee are aware that Council are considering installation of new town entrance signage, and would like to see sculptures by local artists utilised. Motion: That Colin Jones address the 20 March 2013 Council meeting asking that they consider alternative expenditure on town entrance signage Moved: Katrina Odgers Seconded: Lucy White Motion Carried There being no further business the meeting closed at 6.05pm. Next proposed meeting date: Monday 20th May, 2013 at 5pm

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 195 6.2.15 Gulgong Sports Council

REPORT BY THE GROUP MANAGER, MID-WESTERN OPERATIONS TO 3 APRIL 2013 COUNCIL MEETING Gulgong Sports Council A0100056, A0360003

RECOMMENDATION That: 1. the report by the Group Manager, Mid-Western Operations on the Gulgong

Sports Council be received; 2. That the minutes for the Gulgong Sports Council ordinary monthly meeting held

on 9 January 2013 and 13 February 2013 be noted.

Executive summary

The purpose of this report is to advise Council of the considerations and recommendations of the Gulgong Sports Council Meetings held on 9 January 2013 and 13 February 2013. The Sports Council receives an updated Works Request and Matters in Progress report together with updated financial details each month prior to their meeting. There are no further matters arising that require consideration by Council at this time, noting that specific requests/recommendations are forwarded to Council under separate cover providing detailed information on requirements. Operational matters raised will be dealt with in due course when staff receives additional information.


Not applicable.


Not applicable.

BRAD CAM GROUP MANAGER, MID-WESTERN OPERATIONS 25 February 2013 Attachments: 1. Minutes of the Gulgong Sports Council Ordinary Meeting 9 January 2013 2. Minutes of the Gulgong Sports Council Ordinary Meeting 13 February 2013 APPROVED FOR SUBMISSION: WARWICK L BENNETT GENERAL MANAGER



ATTACHMENT 1




ATTACHMENT 2





6.2.16 Local Traffic Committee Minutes – 12 March 2013

REPORT BY THE DEVELOPMENT ENGINEER TO 3 APRIL 2013 COUNCIL MEETING LTC Minutes – March 2013 A0100056, A0100009

RECOMMENDATION That: 1. the report by the Development Engineer on the Local Traffic Committee Minutes

– 12 March 2013 be received;

2. the event – “14th National Historic Machinery Rally 2013” 19, 20 & 21 April 2013 – be classified as a Class 2 event under the “Guide to Traffic and Transport Management for Special Events Version 3.4” and proceeds with the following conditions:

a. A Special Events Transport Management Plan (TMP), is to be prepared in accordance with the Guide to Traffic and Transport Management for Special Events Version 3.4 and submitted to and approved by Council prior to the event;

b. Events are to be undertaken in accordance with the requirements of the NSW Police Force with their approval documentation forwarded to Council for notation;

c. Controlling noise as required by the Protection Of The Environment Operations (Noise Control) Regulation 2000;

d. Reimbursing Council for the cost of damage repairs; e. Complying with any of Council’s Law Enforcement Officers’ reasonable

directives; f. Maintain areas in a clean and tidy condition. No obstructions are to be left

on the roadways or footpaths; g. A Traffic Control Plan (TCP) be included in the TMP; the qualification of the

person creating the Traffic Control Plan must be at a minimum a holder of the Select and Modify Certificate or the Design and Audit Certificate;

h. Any person directing traffic on a public road is required to possess an appropriate traffic controller’s certificate;

i. Council must be provided with a current copy of a public liability insurance policy in the amount of at least $20 million. Such a policy is to note that Council is indemnified against any possible action as the result of the event;

j. The event convener is to consult with all affected businesses and residents adjacent to the proposed closure, in writing, indicating the period during which their accesses will be affected;

k. Maintain a four-metre wide emergency vehicle lane; l. Advertise the proposed event in local newspapers with relevant information

at least two weeks prior to the date; m. The organiser is to have a debrief with Council and Police with all traffic

control documentation and controls tabled for review.

And the following Special Conditions:



n. The southbound lane of Henry Lawson Drive be closed between Putta Bucca Road and Ulan Road from 6am on Thursday 18 April to 6pm Sunday 20 April 2013;

o. The southbound lane of Church Street, between Short Street and Market Street, be closed between the hours of 12.00pm – 6.00pm on 19, 20 and 21 April 2013.

p. The Australian Rural Education Centre entrances on Ulan Road be monitored by appropriately trained traffic controllers between the hours of 7.30am to 10.30am and 3.30pm to 6.00pm (approximately – specific times to suit peak periods);

q. The Ulan Road / Lue Road intersection be monitored by appropriately trained traffic controllers in the mornings;

r. The Putta Bucca Road / Gulgong Road intersection is to be monitored by appropriately trained traffic controllers in the afternoon;

s. The Road Closures be carried out & monitored by appropriately trained traffic controllers;

t. A request be made to the RMS to allow the following Speed Limit alterations on 14 & 15 July 2012; Henry Lawson Drive, from the intersection of Eurunderee Lane to the

Vineyard Motel driveway, be reduced to the speed limit of 80kph, Henry Lawson Drive from the Vineyard Motel driveway to the Ulan

Road intersection be reduced to the speed limit of 60kph, Ulan Road from the intersection of Buckaroo Road to the cemetery

entrance (600m before the AREC site) be reduced to the speed limit of 80kph,

Ulan Road from the cemetery entrance to the town entrance be reduced to the speed limit of 60kph,

Putta Bucca Road, a 60kph speed zone be imposed for the entire length of Putta Bucca Road.

u. All Parking is to be provided on site for the public, exhibitors and staff; and v. The “contingency plan for wet weather” affected parking areas, be

implemented as required.

3. the event – ‘Mudgee Endurance Ride’ 25 & 26 May 2013 – be classified as a Class 2 Event under the “Guide to Traffic and Transport Management for Special Events Version 3.4” and proceeds with the following conditions:


b. Events are to be undertaken in accordance with the requirements of the NSW Police Service with their approval documentation forwarded to Council for notation;

c. Controlling noise as required by the Protection of The Environment Operations (Noise Control) Regulation 2000;



on the roadways or footpaths; g. the qualification of the person creating the Traffic Control Plan must be at a

minimum a holder of the Select and Modify Certificate or the Design and Audit Certificate;







control documentation and controls tables for review; and n. The applicant to apply to the RMS for a “Direction to Restrict the Speed

Limit”.

4. That the event – “Parramatta Eels V Gold Coast Titans NRL Match, Sunday 26 May 2013” be classified as a Class 2 event under the “Guide to Traffic and Transport Management for Special Events Version 3.4” and proceeds with the following conditions:













control documentation and controls tabled for review.

And the following special conditions:

n. Pitts Lane will be closed to all traffic other than those displaying parking pass, buses/coaches and disabled patrons. Vehicles will then be directed to racecourse and Parklands parking;



o. Traffic management personnel will be in place at the round-a-bout intersecting Pitts Lane, Lue and Ulan Roads;

p. Traffic management personnel will be in place along Lue Road, on approach to the round-a-bout instructing drivers to continue straight through round-a-bout if accredited to do so or turn right and proceed to racecourse and Parklands parking;

q. Signage to be installed at the intersection of the Castlereagh Highway and Rocky Waterhole Road, advising alternate route to the venue;

r. Signage to be installed at the intersection of the Castlereagh Highway and Putta Bucca Road, advising alternate route to the venue;

5. the event – “Mudgee Small Farm Field Days” Friday and Saturday, 12 & 13 July 2013 – be classified as a Class 2 event under the “Guide to Traffic and Transport Management for Special Events Version 3.4” and proceeds with the following conditions:










j. The event convener is to consult with all affected businesses and residents adjacent to the proposed closure, in writing, indicating the period during which their accesses will be affected; k. Maintain a four-metre wide emergency vehicle lane;

l. Advertise the proposed event in local newspapers with relevant information at least two weeks prior to the date;

m. The organiser is to have a debrief with Council and Police with all traffic control documentation and controls tabled for review.

And the following Special Conditions:

n. The southbound lane of Henry Lawson Drive be closed between Putta Bucca Road and Ulan Road from 6am on Friday 13 July to 6pm Saturday 14 July 2012;

o. The southbound lane of Church Street, between Short Street and Market Street, be closed between the hours of 12.00pm – 6.00pm on 14 & 15 July 2012.


p. The Australian Rural Education Centre entrances on Ulan Road be monitored by appropriately trained traffic controllers between the hours of 7.30am to 10.30am and 3.30pm to 6.00pm (approximately – specific times to suit peak periods);

q. The Ulan Road / Lue Road intersection be monitored by appropriately trained traffic controllers in the mornings;

r. The Putta Bucca Road / Gulgong Road intersection is to be monitored by appropriately trained traffic controllers;

s. The Road Closures be carried out & monitored by appropriately trained traffic controllers;

t. A request be made to the RMS to allow the following Speed Limit alterations on 14 & 15 July 2012; Henry Lawson Drive, from the intersection of Eurunderee Lane to the

Vineyard Motel driveway, be reduced to the speed limit of 80kph, Henry Lawson Drive from the Vineyard Motel driveway to the Ulan

Road intersection be reduced to the speed limit of 60kph, Ulan Road from the intersection of Buckaroo Road to the cemetery

entrance (600m before the AREC site) be reduced to the speed limit of 80kph,

Ulan Road from the cemetery entrance to the town entrance be reduced to the speed limit of 60kph,

Putta Bucca Road, a 60kph speed zone be imposed for the entire length of Putta Bucca Road.

u. All Parking is to be provided on site for the public, exhibitors and staff; v. The “free courtesy buses” be organised by AREC to allow public and exhibitors

transport to the event, as suggested by the organiser; and w. The “contingency plan for wet weather” affected parking areas, be implemented

as required.

Executive summary

The purpose of this report is to advise Council of the considerations and recommendations of the Local Traffic Committee (LTC) meeting March 2013.

Detailed report

The detailed reports, minutes and discussion notes attached provide comment on the recommendations above.


Not applicable.


The RTA “Guide to Traffic and Transport Management for Special Events 3.4”.

AHMED ALBANNA DEVELOPMENT ENGINEER


21 March 2013



Attachments: 1. Minutes and Discussion Notes of the Traffic Committee Meeting held March 2013 2. Reports from Traffic Committee Meeting March 2013 (attachments to these reports available

on request) APPROVED FOR SUBMISSION: WARWICK L BENNETT GENERAL MANAGER


ATTACHMENT 1

MINUTES OF THE MARCH LOCAL TRAFFIC COMMITTEE MEETING REPORTS DISTRIBUTED VIA EMAIL ON THURSDAY, 7 MARCH 2013 12/40 MATTERS IN PROGRESS ITEM ACTION NIL Noted

12/41 SPECIAL EVENT DEBRIEF SPECIAL EVENT COMMENTS NIL Noted

12/42 SE – NATIONAL HISTORIC MACHINERY RALLY AT AREC – 19/20/21 APRIL 2003 The recommendation in the report was supported by the Committee. 12/43 SE – MUDGEE 40TH ANNIVERSARY ENDURANCE RIDE – 25/26 MAY 2013 The recommendation in the report was supported by the Committee. 12/44 SE – EELS V TITANS RUGBY LEAGUE MATCH AT GLEN WILLOW – 26 MAY 2013 The recommendation in the report was supported by the Committee. 12/45 SE – MUDGEE SMALL FARM FIELD DAYS AT AREC – 12/13 JULY 2013 The recommendation in the report was supported by the Committee. DISCUSSION NOTES FROM THE MARCH 2013 LOCAL TRAFFIC COMMITTEE MEETING The agenda and business paper were distributed via email to all members of the Committee on 7 March 2013. The business paper was not distributed to the members’ representative on the Traffic Committee as he had advised he was unable to consider the reports due to personal health issues that required him to be out of the region for some time. ITEMS 12/43 & 12/44 In relation to the Mudgee Endurance Ride (25 & 26 May) and Eels Titan match (26 May), the Police representative has commented that it needs to be reinforced with both groups that there is increased livestock (horses) on the road during this weekend. Even though the endurance event is in the Cooyal area signage in the Mudgee Township is required to inform 'out-of-towners' of the endurance event and/or horses on the thoroughfares.



ATTACHMENT 2

AGENDA WELCOME APOLOGIES MINUTES FROM PREVIOUS MEETING GENERAL BUSINESS 12/40 MATTERS IN PROGRESS 12/41 SPECIAL EVENT DEBRIEF 12/42 SE – NATIONAL HISTORIC MACHINERY RALLY AT AREC – 19/20/21 APRIL 2013 4 12/43 SE – MUDGEE 40TH ANNIVERSARY ENDURANCE RIDE – 25 & 26 MAY 2013 17 12/44 SE – EELS V TITANS RUGBY LEAGUE MATCH AT GLEN WILLOW – 26 MAY 2013 25 12/45 SE – MUDGEE SMALL FARM FIELD DAYS AT AREC – 12 & 13 JULY 2013 43

REPORTS 12/40 MATTERS IN PROGRESS ITEM ACTION nil

12/41 SPECIAL EVENT DEBRIEF SPECIAL EVENT COMMENTS Nil

12/42 national nhma rally – 19, 20 & 21 april 2013

REPORT BY DEVELOPMENT ENGINEER SE NHMA REPORT a0100009, R0790090

RECOMMENDATION That the event – “14th National Historic Machinery Rally 2013” 19, 20 & 21 April 2013 – be classified as a Class 2 event under the “Guide to Traffic and Transport Management for Special Events Version 3.4” and proceeds with the following conditions: a. A Special Events Transport Management Plan (TMP), is to be prepared in accordance with the Guide to Traffic and Transport Management for Special Events Version 3.4 and submitted to and approved by Council prior to the event; b. Events are to be undertaken in accordance with the requirements of the NSW Police Force with their approval documentation forwarded to Council for notation; c. Controlling noise as required by the Protection Of The Environment Operations (Noise Control) Regulation 2000; d. Reimbursing Council for the cost of damage repairs; e. Complying with any of Council’s Law Enforcement Officers’ reasonable directives;

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 209 f. Maintain areas in a clean and tidy condition. No obstructions are to be left on the roadways or footpaths; g. A Traffic Control Plan (TCP) be included in the TMP; the qualification of the person creating the Traffic Control Plan must be at a minimum a holder of the Select and Modify Certificate or the Design and Audit Certificate; h. Any person directing traffic on a public road is required to possess an appropriate traffic controller’s certificate; i. Council must be provided with a current copy of a public liability insurance policy in the amount of at least $20 million. Such a policy is to note that Council is indemnified against any possible action as the result of the event; j. The event convener is to consult with all affected businesses and residents adjacent to the proposed closure, in writing, indicating the period during which their accesses will be affected; k. Maintain a four-metre wide emergency vehicle lane; l. Advertise the proposed event in local newspapers with relevant information at least two weeks prior to the date; m. The organiser is to have a debrief with Council and Police with all traffic control documentation and controls tabled for review. And the following Special Conditions: n. The southbound lane of Henry Lawson Drive be closed between Putta Bucca Road and Ulan Road from 6am on Thursday 18 April to 6pm Sunday 20 April 2013; o. The southbound lane of Church Street, between Short Street and Market Street, be closed between the hours of 12.00pm – 6.00pm on 19, 20 and 21 April 2013. p. The Australian Rural Education Centre entrances on Ulan Road be monitored by appropriately trained traffic controllers between the hours of 7.30am to 10.30am and 3.30pm to 6.00pm (approximately – specific times to suit peak periods); q. The Ulan Road / Lue Road intersection be monitored by appropriately trained traffic controllers in the mornings; r. The Putta Bucca Road / Gulgong Road intersection is to be monitored by appropriately trained traffic controllers in the afternoon; s. The Road Closures be carried out & monitored by appropriately trained traffic controllers; t. A request be made to the RMS to allow the following Speed Limit alterations on 14 & 15 July 2012; Henry Lawson Drive, from the intersection of Eurunderee Lane to the Vineyard Motel driveway, be reduced to the speed limit of 80kph, Henry Lawson Drive from the Vineyard Motel driveway to the Ulan Road intersection be reduced to the speed limit of 60kph, Ulan Road from the intersection of Buckaroo Road to the cemetery entrance (600m before the AREC site) be reduced to the speed limit of 80kph, Ulan Road from the cemetery entrance to the town entrance be reduced to the speed limit of 60kph, Putta Bucca Road, a 60kph speed zone be imposed for the entire length of Putta Bucca Road. u. All Parking is to be provided on site for the public, exhibitors and staff; and v. The “contingency plan for wet weather” affected parking areas, be implemented as required. Executive summary Council has received a Traffic Management Plan for the 14th National Historic Machinery Rally 2013 to be held on Friday, Saturday and Sunday, 19 to 21 April 2013 at the Australian Rural Education Centre (AREC) site, Ulan Road, north of the Mudgee township. This report recommends approval of this event. Detailed report The 14th National Antique Machinery Rally is being jointly organised by the Cudgegong Valley Antique Machinery Club (CVAMC) and the Australian Rural Education Centre (AREC). It is



expected to draw crowds of about 15,000 patrons over the three day period. There will be a large contingent of private vehicles and coaches that will convey patrons to the site. The event appeals to enthusiasts and to family groups as it is scheduled in the NSW school holiday period. Council has received a Traffic Management Plan that details the event, risk management - traffic, traffic and transport management, minimizing impact on non-event community and emergency services, and wet weather contingency plan. The organiser considers that this event may be considered a ‘smaller’ version of the Mudgee Small Farm Field Days event and it is this event that the plans for traffic control have been based on. A Traffic Control Plan (TCP) detailing solutions will be prepared by suitably qualified persons/organization once the traffic management plan has been approved. In summary, the organiser has proposed the following: Traffic Control – will be undertaken by a suitably qualified organisation and will be required at the following points: Ulan Rd/AREC entrances approximately 7:30am to 10:30am and 3:30pm to 6:00pm Ulan Rd/Lue Rd intersection to be monitored in mornings Putta Bucca Rd/Gulgong Rd intersection to be monitored in afternoons. Road Closures The organiser has recommended the following road closures: Church Street (southbound only) be closed at the intersection of Short Street between 12.00pm and 6.00pm on 19, 20 and 21 April 2013. It is recommended that the northbound lane of Church Street (where it intersects Short Street) be reduced in width. The purpose of this is to still permit northbound traffic entry to the roundabout but limit the possibility of southbound traffic entering Church Street via the northbound lane. Henry Lawson Drive (southbound only) be closed between Putta Bucca Road and Ulan Road. This closure will be in effect from 6.00am Friday 18 April to 6.00pm Sunday 20 April 2013. Speed Limit Alterations The organiser has recommended the following alterations to speed limit: Henry Lawson Drive from the intersection of Eurunderee Lane to the Vineyard Motel driveway, it is recommended to reduce the speed limit to 80kph. from the Vineyard Motel driveway to the Ulan Road intersection it is recommended to change the speed limit to 60kph. Ulan Road from the intersection of Buckaroo Road to the cemetery entrance (600m before the AREC site) it is recommended to reduce the speed limit to 80kph. from the cemetery entrance to the town entrance it is recommended to reduce the speed limit to 60kph. Putta Bucca Road A 60kph speed zone is requested for the entire length of Putta Bucca Road. Also, a number of additional informational signs will be placed on the Castlereagh Highway both north and south of the Mudgee township. These signs will direct traffic to the event via alternate routes. All parking is provided on site for the public, exhibitors and staff.

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 211 There is no public transport operating during the period of the event on the roads adjacent to the event site. Buses are organised by CVAMC / AREC to allow public and exhibitors transport to the event. A wet weather contingency plan has been devised (attached). In summary, should wet weather render the public car park inoperable, the traffic management plan will change accordingly. In the event that the wet weather contingency plan needs to be implemented, public cars will be directed to the Glen Willow carpark with parking also permitted along Henry Lawson Drive and Putta Bucca Road. The shuttle bus service will continue on its proposed route with additional buses utilised to ensure adequate movement of people from town to the event site. Exhibitor’s vehicles will be directed to hard surfaces wholly within the AREC site. The Mudgee Racecourse has also offered its grounds for additional parking in the unlikely event that overflow parking areas are required. In the event of the closure of the Henry Lawson Drive car park, buses collecting visitors from Glen Willow and other locations will divert towards Gulgong and via Putta Bucca Road deliver visitors to the Henry Lawson gates where they will enter the event. The organiser will be requested to review traffic operations after the event to ensure the ongoing improvement to traffic management for future events. Financial implications Not applicable. Strategic or policy implications The Guide to Traffic and Transport Management for Special Events Version 3.4 indicates that a Local Traffic Committee should recommend approval (if appropriate) the holding of the event with any appropriate conditions outlined. AHMED ALBANNA DEVELOPMENT ENGINEER

CATHERINE VAN LAEREN GROUP MANAGER DEVELOPMENT & COMMUNITY SERVICES

15 FEBRUARY 2013 Attachments: 1. Traffic Management Plan



12/43 MUDGEE ENDURANCE RIDE – 25 & 26 MAY 2013

REPORT BY DEVELOPMENT ENGINEER Mudgee Endurance Ride - REPORT a0100055, R0790009

RECOMMENDATION That the event – ‘Mudgee Endurance Ride’ 25 & 26 May 2013 – be classified as a Class 2 Event under the “Guide to Traffic and Transport Management for Special Events Version 3.4” and proceeds with the following conditions: a. A Special Events Transport Management Plan (TMP), is to be prepared in accordance with the Guide to Traffic and Transport Management for Special Events Version 3.3 and submitted to and approved by Council prior to the event; b. Events are to be undertaken in accordance with the requirements of the NSW Police Service with their approval documentation forwarded to Council for notation; c. Controlling noise as required by the Protection of The Environment Operations (Noise Control) Regulation 2000; d. Reimbursing Council for the cost of damage repairs; e. Complying with any of Council’s Law Enforcement Officers’ reasonable directives; f. Maintain areas in a clean and tidy condition. No obstructions are to be left on the roadways or footpaths; g. the qualification of the person creating the Traffic Control Plan must be at a minimum a holder of the Select and Modify Certificate or the Design and Audit Certificate; h. Any person directing traffic on a public road is required to possess an appropriate traffic controller’s certificate; i. Council must be provided with a current copy of a public liability insurance policy in the amount of at least $20 million. Such a policy is to note that Council is indemnified against any possible action as the result of the event; j. The event convener is to consult with all affected businesses and residents adjacent to the proposed closure, in writing, indicating the period during which their accesses will be affected; k. Maintain a four-metre wide emergency vehicle lane; l. Advertise the proposed event in local newspapers with relevant information at least two weeks prior to the date; m. The organiser is to have a debrief with Council and Police with all traffic control documentation and controls tables for review; and n. The applicant to apply to the RMS for a “Direction to Restrict the Speed Limit”. Executive summary The Mudgee Endurance Riders Association Inc. (MERA) have submitted an application to Council to hold the 40th Anniversary Mudgee Endurance Ride on 25 and 26 May 2013 at Cooyal. The event will also be a memorial ride for the late Ray Gooley, local vet and Mudgee Endurance Ride vet for 38 of the past 40 years of local endurance rides. Detailed report The main endurance event, being the 83km endurance ride over 2 loops of 40 and 43kms, will commence at 6am on Sunday 26 May. All competitors will be required to be off the course by 4pm. A 40km training ride will be held in conjunction of the main ride and will commence at 7am on the Sunday morning, traversing loop 1 of the main ride. A 20km social ride will be held on the afternoon of Saturday, 25 May - a 10km out and back course along Cooyal Lane, private property, Iron Barks Road and Kains Flat Road. All rides will commence from the privately owned paddock opposite to the Cooyal ride base which is the Cooyal Community Hall grounds. Organisers will control horses crossing the Wollar Road to

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 213 the start of each riding loop. A slashed track through this paddock will guide riders to a gate in the corner and into Cooyal Lane, thereby eliminating the need for competitors to ride along Wollar Road, rather they will just cross straight over. Riders will also use this paddock to return to the ride base from Cooyal Lane. The roads to be used for the riding course are Cooyal Lane, Iron Barks Road, Kains Flat Road, White Cedars Road, Botobolar Road and Upper Botobolar Road. This year the MERA endurance ride is in competition with another endurance ride being held south of Sydney on the same day so it is anticipated the competitor numbers may be less than that of recent years. The riding track will be well signposted using arrows supplied by the NSW Riders Association. Riders will be instructed to give way to motorists at all times and to ride on the road verge where possible. A request to reduce the speed limit on Wollar Road from just west of O’Briens Lane to just east of Cooyal Lane to 40kph will be sought from the RMS. The organiser proposes to reduce the speed on this section of road from Saturday morning until Sunday evening. Both Cooyal and Moolarben bushfire brigades, and Cooyal Progress Association assist organisers with the manning of checkpoints, radio control and catering. Council has received a Traffic Management Plan for the proposed event including a risk assessment and contingency plan. A TCP and current insurance document will be provided prior to the event. Financial implications Not applicable. Strategic or policy implications At this stage, the Guide to Traffic and Transport Management for Special Events Version 3.4 indicates that a Local Traffic Committee should approve (if appropriate) the holding of the vent with any appropriate conditions outlined. AHMED ALBANNA DEVELOPMENT ENGINEER 14 February 2013 Attachments: 1. Letter 2. Course Map 3. Traffic Management Plan 12/44 eels vs titan rugby league game at glen willow – 26 may 2013 Report by traffic engineer Eels Vs Titans - REPORT.doc R0790009, A0410005 RECOMMENDATION That the event – “Parramatta Eels V Gold Coast Titans NRL Match, Sunday 26 May 2013” be classified as a Class 2 event under the “Guide to Traffic and Transport Management for Special Events Version 3.4” and proceeds with the following conditions:



a. A Special Events Transport Management Plan (TMP), is to be prepared in accordance with the Guide to Traffic and Transport Management for Special Events Version 3.4 and submitted to and approved by Council prior to the event; b. Events are to be undertaken in accordance with the requirements of the NSW Police Force with their approval documentation forwarded to Council for notation; c. Controlling noise as required by the Protection Of The Environment Operations (Noise Control) Regulation 2000; d. Reimbursing Council for the cost of damage repairs; e. Complying with any of Council’s Law Enforcement Officers’ reasonable directives; f. Maintain areas in a clean and tidy condition. No obstructions are to be left on the roadways or footpaths; g. A Traffic Control Plan (TCP) be included in the TMP; the qualification of the person creating the Traffic Control Plan must be at a minimum a holder of the Select and Modify Certificate or the Design and Audit Certificate; h. Any person directing traffic on a public road is required to possess an appropriate traffic controller’s certificate; i. Council must be provided with a current copy of a public liability insurance policy in the amount of at least $20 million. Such a policy is to note that Council is indemnified against any possible action as the result of the event; j. The event convener is to consult with all affected businesses and residents adjacent to the proposed closure, in writing, indicating the period during which their accesses will be affected; k. Maintain a four-metre wide emergency vehicle lane; l. Advertise the proposed event in local newspapers with relevant information at least two weeks prior to the date; m. The organiser is to have a debrief with Council and Police with all traffic control documentation and controls tabled for review. And the following special conditions: n. Pitts Lane will be closed to all traffic other than those displaying parking pass, buses/coaches and disabled patrons. Vehicles will then be directed to racecourse and Parklands parking; o. Traffic management personnel will be in place at the round-a-bout intersecting Pitts Lane, Lue and Ulan Roads; p. Traffic management personnel will be in place along Lue Road, on approach to the round-a-bout instructing drivers to continue straight through round-a-bout if accredited to do so or turn right and proceed to racecourse and Parklands parking; q. Signage to be installed at the intersection of the Castlereagh Highway and Rocky Waterhole Road, advising alternate route to the venue; r. Signage to be installed at the intersection of the Castlereagh Highway and Putta Bucca Road, advising alternate route to the venue. EXECUTIVE SUMMARY Council has received a Traffic Management Plan for the Parramatta Eels V Gold Coast Titans rugby league match to be held on Sunday, 26 May 2013 at the Glen Willow Regional Sporting Stadium, Pitts Lane, Mudgee. This is a one off event organised by the Mid-Western Regional Council. This report recommends approval of this event. DETAILED REPORT Round 11 of the National Rugby League (NRL) draw has included a game to be held at the Glen Willow Regional Sports Stadium, being the match between the Parramatta Eels and the Gold Coast Titans. A crowd of approximately 8,000-10,000 is expected to attend the event with a mixture of locals and travelling spectators from other Regional areas of NSW and Sydney. This is the 2nd event of its type held in Mudgee following the success of the Country V City game held at the Glen Willow Regional Sports Stadium in April of last year.

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 215 Council has received a Traffic Management Plan that details the event, identification and assessment of traffic impact, traffic management measures, provision for emergency services and pedestrian access, public notifications and weather contingencies. The organiser is proposing to close Pitts Lane (VIPs, officials and disabled parking allowed) and offer detours to assist in maximising the safety of patrons entering and departing Glen Willow Regional Sports Stadium. This includes patrons travelling by private vehicle, coach service and on walkways. Pitts Lane will be closed to all traffic other than those displaying parking pass/ buses/coaches and disabled patrons and all other traffic directed to Parklands and the racecourse, or to in town parking areas. The traffic management plan offers that 4500 parking spaces have been identified for the event, plus on-street parking throughout further streets. Another 1000 overflow parking spaces are available at the Mudgee Racecourse and contingency parking is available at AREC. The length of Ulan Road between Pitts Lane and Henry Lawson Drive will be roped off on both sides to prohibit cars parking along this stretch of road. Event messaging will encourage local Mudgee town residents to leave their cars at home. Pedestrian access to the event is proposed as follows: Limited shuttle bus services may be in place from Racecourse and Short Street parking areas Pedestrians to use walkway along Ulan Road, to access Pits Lane underpass from parking areas Pedestrians to continue along Pitts Lane to ground Ticketed venue entry via western side of ground Pedestrian egress from the event is proposed as follows: Exit from the venue will be via the western (grandstand) side of ground or the eastern side of ground Gates will be opened 20mins in to second half to allow egress Pedestrians to continue along Pitts Lane towards Ulan Road, and cross on to pedestrian walkway via underpass Pedestrians to follow walkway to town and parking areas In the event of an emergency, entry to the venue will be via Pitts Lane with access to the field via gates depending on location of incident. Traffic Control Plans will be prepared and forwarded to the RMS following the Traffic Committee’s consideration of the Traffic Management Plan. The organiser will be requested to review traffic operations after the event to ensure the ongoing improvement to traffic management for future events. The Guide to Traffic and Transport Management for Special Events Version 3.4 indicates that a Local Traffic Committee should recommend approval (if appropriate) the holding of the event with any appropriate conditions outlined. AHMED ALBANNA DEVELOPMENT ENGINEER 5 March 2012



Attachments: 1 Traffic Management Plan 2 Insurance 3 Maps 12/45 small farm field days – 12 & 13 july 2013

REPORT BY DEVELOPMENT ENGINEER SE SMALL FARM FIELD DAYS REPORT 2013 a0100009, R0790090

RECOMMENDATION That the event – “Mudgee Small Farm Field Days” Friday and Saturday, 12 & 13 July 2013 – be classified as a Class 2 event under the “Guide to Traffic and Transport Management for Special Events Version 3.4” and proceeds with the following conditions: a. A Special Events Transport Management Plan (TMP), is to be prepared in accordance with the Guide to Traffic and Transport Management for Special Events Version 3.4 and submitted to and approved by Council prior to the event; b. Events are to be undertaken in accordance with the requirements of the NSW Police Force with their approval documentation forwarded to Council for notation; c. Controlling noise as required by the Protection Of The Environment Operations (Noise Control) Regulation 2000; d. Reimbursing Council for the cost of damage repairs; e. Complying with any of Council’s Law Enforcement Officers’ reasonable directives; f. Maintain areas in a clean and tidy condition. No obstructions are to be left on the roadways or footpaths; g. A Traffic Control Plan (TCP) be included in the TMP; the qualification of the person creating the Traffic Control Plan must be at a minimum a holder of the Select and Modify Certificate or the Design and Audit Certificate; h. Any person directing traffic on a public road is required to possess an appropriate traffic controller’s certificate; i. Council must be provided with a current copy of a public liability insurance policy in the amount of at least $20 million. Such a policy is to note that Council is indemnified against any possible action as the result of the event; j. The event convener is to consult with all affected businesses and residents adjacent to the proposed closure, in writing, indicating the period during which their accesses will be affected; k. Maintain a four-metre wide emergency vehicle lane; l. Advertise the proposed event in local newspapers with relevant information at least two weeks prior to the date; m. The organiser is to have a debrief with Council and Police with all traffic control documentation and controls tabled for review. And the following Special Conditions: n. The southbound lane of Henry Lawson Drive be closed between Putta Bucca Road and Ulan Road from 6am on Friday 13 July to 6pm Saturday 14 July 2012; o. The southbound lane of Church Street, between Short Street and Market Street, be closed between the hours of 12.00pm – 6.00pm on 14 & 15 July 2012.

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 217 p. The Australian Rural Education Centre entrances on Ulan Road be monitored by appropriately trained traffic controllers between the hours of 7.30am to 10.30am and 3.30pm to 6.00pm (approximately – specific times to suit peak periods); q. The Ulan Road / Lue Road intersection be monitored by appropriately trained traffic controllers in the mornings; r. The Putta Bucca Road / Gulgong Road intersection is to be monitored by appropriately trained traffic controllers; s. The Road Closures be carried out & monitored by appropriately trained traffic controllers; t. A request be made to the RMS to allow the following Speed Limit alterations on 14 & 15 July 2012; Henry Lawson Drive, from the intersection of Eurunderee Lane to the Vineyard Motel driveway, be reduced to the speed limit of 80kph, Henry Lawson Drive from the Vineyard Motel driveway to the Ulan Road intersection be reduced to the speed limit of 60kph, Ulan Road from the intersection of Buckaroo Road to the cemetery entrance (600m before the AREC site) be reduced to the speed limit of 80kph, Ulan Road from the cemetery entrance to the town entrance be reduced to the speed limit of 60kph, Putta Bucca Road, a 60kph speed zone be imposed for the entire length of Putta Bucca Road. u. All Parking is to be provided on site for the public, exhibitors and staff; v. The “free courtesy buses” be organised by AREC to allow public and exhibitors transport to the event, as suggested by the organiser; and w. The “contingency plan for wet weather” affected parking areas, be implemented as required. Executive summary Council has received a Traffic Management Plan for the Small Farm Field Days to be held on Friday and Saturday, 12 and 13 July 2013 at the Australian Rural Education Centre (AREC) site, Ulan Road, north of the Mudgee township. This event has been successfully conducted over the last several years. Detailed report The Mudgee Small Farm Field Days is a significant rural event in NSW that showcases a range of rural equipment, education and other displays of interest to the rural and general sectors. The event is expected to draw crowds over the two day period of about 20,000 to 22,000 patrons. There will be a large contingent of private vehicles and coaches that will convey patrons to the site. A free courtesy bus will operate from the Mudgee township to and from the field days site. Additional buses will be provided in wet weather. Council has received a Traffic Management Plan that details the event, risk management - traffic, traffic and transport management, minimizing impact on non-event community and emergency services, and wet weather contingency plan. Representatives from AREC, Council, Mudgee Police and the RMS have been involved in the assessment of traffic risks and proposed measures to maximise traffic safety and minimise traffic congestion experienced in previous years. Traffic Control Plans (TCPs) will be provided once the traffic management plan has been approved. In summary, the organiser has proposed the following: Traffic Control – will be undertaken by a suitably qualified organisation and will be required at the following points: Ulan Rd/AREC entrances approximately 7:30am to 10:30am and 3:30pm to 6:00pm Ulan Rd/Lue Rd intersection to be monitored in mornings Putta Bucca Rd/Gulgong Rd intersection to be monitored in afternoons. Road Closures



The organiser has recommended the following road closures: Church Street (southbound only) be closed at the intersection of Short Street between 12.00pm and 6.00pm. It is recommended that the northbound lane of Church Street (where it intersects Short Street) be reduced in width. The purpose of this is to still permit northbound traffic entry to the roundabout but limit the possibility of southbound traffic entering Church Street via the northbound lane. Henry Lawson Drive (southbound only) be closed between Putta Bucca Road and Ulan Road. This closure will be in effect from 6.00am Friday 12 July to 6.00pm Saturday 13 July 2013. Speed Limit Alterations The organiser has recommended the following alterations to speed limit: Henry Lawson Drive from the intersection of Eurunderee Lane to the Vineyard Motel driveway, it is recommended to reduce the speed limit to 80kph. from the Vineyard Motel driveway to the Ulan Road intersection it is recommended to change the speed limit to 60kph. Ulan Road from the intersection of Buckaroo Road to the cemetery entrance (600m before the AREC site) it is recommended to reduce the speed limit to 80kph. from the cemetery entrance to the town entrance it is recommended to reduce the speed limit to 60kph. Putta Bucca Road A 60kph speed zone is requested for the entire length of Putta Bucca Road. Also, a number of additional informational signs will be placed on the Castlereagh Highway both north and south of the Mudgee township. These signs will direct traffic to the event via alternate routes. All parking is provided on site for the public, exhibitors and staff. There is no public transport operating during the period of the event on the roads adjacent to the event site. Free courtesy buses are organised by AREC to allow public and exhibitors transport to the event. The exact route is determined each year and dependent on the provider awarded the tender. A wet weather contingency plan has been devised (attached). In summary, should wet weather render the public car park inoperable, the traffic management plan will change accordingly. In the event that the wet weather contingency plan needs to be implemented, public cars will be directed to the Glen Willow carpark with parking also permitted along Henry Lawson Drive and Putta Bucca Road. The shuttle bus service will continue on its proposed route with additional buses utilised to ensure adequate movement of people from town to the event site. Exhibitor’s vehicles will be directed to hard surfaces wholly within the AREC site. The Mudgee Racecourse has also offered its grounds for additional parking in the unlikely event that overflow parking areas are required. In the event of the closure of the Henry Lawson Drive car park, buses collecting visitors from Glen Willow and other locations will divert towards Gulgong and via Putta Bucca Road deliver visitors to the Henry Lawson gates where they will enter the event. The organiser will be requested to review traffic operations after the event to ensure the ongoing improvement to traffic management for future events. Financial implications

Mid-Western Regional Council ORDINARY MEETING - 3 APRIL 2013 219 Not applicable. Strategic or policy implications The Guide to Traffic and Transport Management for Special Events Version 3.4 indicates that a Local Traffic Committee should recommend approval (if appropriate) the holding of the event with any appropriate conditions outlined. AHMED ALBANNA DEVELOPMENT ENGINEER

CATHERINE VAN LAEREN GROUP MANAGER DEVELOPMENT & COMMUNITY SERVICES

14 FEBRUARY 2013 Attachments: 1. Traffic Management Plan



6.2.17 Mudgee Sports Council

REPORT BY THE GROUP MANAGER, MID-WESTERN OPERATIONS TO 3 APRIL 2013 COUNCIL MEETING Mudgee Sports 25 February 2013 A0100056, A0360013

RECOMMENDATION

That:

1. the report by the Group Manager, Mid-Western Operations on the Mudgee Sports Council be received;

2. That the minutes for the Mudgee Sports Council ordinary monthly meeting held on 25 February 2013 be noted.

Executive summary

The purpose of this report is to advise Council of the considerations and recommendations of the Mudgee Sports Council Meetings held on 25 February 2013. The Sports Council receives an updated Works Request and Matters in Progress report together with updated financial details each month prior to their meeting.

There are no further matters arising that require consideration by Council at this time, noting that specific requests/recommendations are forwarded to Council under separate cover providing detailed information on requirements. Operational matters raised will be dealt with in due course when staff receives additional information.


Not applicable.


Not applicable.


18 March 2013

Attachments: 1. Minutes of the Mudgee Sports Council Ordinary Meeting 25 February 2013 2. Matters in Progress

APPROVED FOR SUBMISSION: WARWICK L BENNETT GENERAL MANAGER


ATTACHMENT 1




ATTACHMENT 2 2. Matters in Progress



URGENT BUSINESS WITHOUT NOTICE As provided by Clauses 19 & 20 of Council’s Code of Meeting Practice (Clause 14 LGMR).

GIVING NOTICE OF BUSINESS

19. (1) The Council must not transact business at a meeting of the Council:

(a) unless a Councillor has given notice of the business in writing at least two (2) days prior to the day on which the agenda and business paper is prepared and delivered to Councillors; and

(b) unless notice of the business has been sent to the Councillors in accordance with Clause 6 of this Code. (see Section 367 LGA & Clause 14(1) LGMR)

(2) Subclause (1) does not apply to the consideration of business at a meeting if the business:

(a) is already before, or directly relates to a matter that is already before the Council (see Clause 14(2)(a) LGMR); or

(b) is the election of a chairperson to preside at the meeting as provided by Clause 12(1) (see Clause 14(2)(b) LGMR); or

(c) is a matter or topic put to the meeting by the chairperson in accordance with Clause 21 (see Clause 14(2)(c) LGMR); or

(d) is a motion for the adoption of recommendations of a committee of the Council; (see Clause 14(2)(d) LGMR); or

(e) relates to reports from officers, which in the opinion of the Chairperson or the General Manager are urgent;

(f) relates to reports from officers placed on the business paper pursuant to a decision of a committee that additional information be provided to the Council in relation to a matter before the Committee; and

(g) relates to urgent administrative or procedural matters that are raised by the Mayor or General Manager.

BUSINESS WITHOUT NOTICE

20. (1) Despite Clause 19 of this Code, business may be transacted at a meeting of the Council even though due notice of the business has not been given to the Councillors. However, this can happen only if:

(a) a motion is passed to have the business transacted at the meeting; and

(b) the business proposed to be brought forward is ruled by the Chairperson to be of great urgency.

Such a motion can be moved without notice. (see Clause 14(3) LGMR)

(2) Despite Clause 30 of this Code, only the mover of a motion referred to in subclause (1) can speak to the motion before it is put. (see Clause 14(4) LGMR)

Item 7: Urgent Business Without Notice

Documents

MUDGEE SHIRE COUNCIL · 6.2.7 Naming of new roads in the Glen Myra Subdivision off Robertson Street, Mudgee 128 6.2.8 Naming of new road – Stan Boal Court 149 6.2.9 Addition of