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A Quality Rural Lifestyle - in a vibrant, caring and sustainable community

Council Meeting Agenda

26 June 2017

To All Councillors

You are hereby notified that the next meeting of the Upper Hunter Shire Council will be held on Monday, 26 June 2017 in the COUNCIL CHAMBERS, SCONE commencing at 5.00PM, for the purpose of transacting the undermentioned business.

W CROCKETT GENERAL MANAGER

1. PRAYER

2. ACKNOWLEDGEMENT OF COUNTRY

3. APOLOGIES

4. ADOPTION OF MINUTES - Ordinary Council Meeting held on 29 May 2017

5. DECLARATION OF INTEREST

6. PUBLIC PARTICIPATION SCR.06.1 D&E Committee - DESC.06.1 DA 3/2017 Demolition of Existing Structures and

Construction of 24 Hour Highway Service Centre Mr Hayden Kaney

7. NOTICE OF MOTIONS

8. MAYORAL MINUTES A.06.1 YOUNG ENDEAVOUR AMBASSADORS - PRESENTATION .......................................................................... 1

9. BUSINESS ITEMS

G.06.1 COMMUNITY STRATEGIC PLAN 2027 .................................................................................... 2

STANDING COMMITTEE REPORTS ................................................................................................... 7 SCR.06.1 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE .................................................................... 7 SCR.06.2 INFRASTRUCTURE SERVICES COMMITTEE ........................................................................................... 37 SCR.06.3 FINANCE COMMITTEE ....................................................................................................................... 45

COMMITTEE/DELEGATES REPORTS ............................................................................................... 51 C.06.1 SCONE REVITALISATION COMMITTEE ................................................................................................. 51 C.06.2 WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE .................................................................. 60 C.06.3 LIVERPOOL RANGE WIND FARM COMMUNITY CONSULTATIVE COMMITTEE ............................................. 65 C.06.4 UPPER HUNTER LIBRARY SERVICES ADVISORY COMMITTEE................................................................. 99 C.06.5 COMMUNITY SERVICES COMMITTEE ................................................................................................. 104 C.06.6 MERRIWA AGED HOSTEL COMMITTEE .............................................................................................. 115

DEVELOPMENT REPORTS ............................................................................................................ 122 D.06.1 LAND AND ENVIRONMENT COURT APPEAL - DEVELOPMENT APPLICATION NO. 27/2016 ........................ 122

ENVIRONMENT/HEALTH REPORTS ............................................................................................... 124 E.06.1 BICKHAM EXPLORATION LICENCES .................................................................................................. 124

FINANCE REPORTS ...................................................................................................................... 127 F.06.1 MAKING THE RATES 2017/18 ......................................................................................................... 127

GENERAL ADMINISTRATION REPORTS ........................................................................................ 136 G.06.2 133 KELLY STREET SCONE ............................................................................................................ 136 G.06.3 ROAD CLOSURE - UPPER DARTBROOK ROAD ................................................................................... 139 G.06.4 REQUEST FOR FINANCIAL ASSISTANCE - 2017 SCONE SHORT FILM FESTIVAL ...................................... 144 G.06.5 REQUEST FOR DONATION - MURRURUNDI PRE-SCHOOL ..................................................................... 147 G.06.6 REQUEST FOR DONATION - SCONE NEIGHBOURHOOD RESOURCE CENTRE .......................................... 151 G.06.7 REQUEST FOR DONATION - SCONE LITERARY FESTIVAL ..................................................................... 154 G.06.8 REQUEST TO WAIVE FEES - MERRIWA LITTLE SPROUTS .................................................................... 158

POLICY MATTERS ......................................................................................................................... 161 H.06.1 COUNCIL POLICIES......................................................................................................................... 161

INFRASTRUCTURE REPORTS ....................................................................................................... 170 I.06.1 SCONE TO MURRURUNDI PIPELINE - CROWN LAND ACQUISITION ........................................................ 170

RESPONSES TO PREVIOUS QUESTIONS ...................................................................................... 178 RPQ.06.1 RESPONSES TO PREVIOUS QUESTIONS ............................................................................................ 178

10. COUNCILLOR QUESTIONS

Report To Ordinary Council Meeting 26 June 2017

Mayoral Minute

Upper Hunter Shire Council – Ordinary Meeting Agenda – 26 June 2017 Page 1

MAYORAL MINUTES

A.06.1 YOUNG ENDEAVOUR AMBASSADORS - PRESENTATION

RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services

AUTHOR: Mary Spora - Youth Services Supervisor

RECOMMENDATION That Council receive a presentation from the 2016/17 Upper Hunter Shire Young Endeavour Ambassadors on their experiences.

REPORT/PROPOSAL The Upper Hunter Shire Young Endeavour Scheme is coordinated and supported by Council in partnership with a number of community groups, businesses, sporting clubs and Schools. It provides a “Voyage of a Lifetime” for six youth from our Shire to enhance their leadership, teamwork and life skills by giving them the opportunity of a challenging new experience, not normally available to youth in our area. Ethan Hansia, Conor Edwards, Jake Speck, Bri Denley, Elizabeth Croaker and Paige Haydon boarded the Young Endeavour on April 9 2017 for a 10 day sail on the high seas, following their nomination by local organisations and individuals. Ambassadors are invited to share aspects of their experience of sailing on Young Endeavour, and how the voyage has affected their lives. OPTIONS That Council welcome Upper Hunter Shire Ambassadors who sailed on the Young Endeavour in April 2017.

ATTACHMENTS

There are no enclosures for this report


Corporate & Community Services


G.06.1 COMMUNITY STRATEGIC PLAN 2027

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Melinda Curtis - Corporate Planner

PURPOSE

The purpose of this report is to outline the proposed amendments to the draft Community Strategic Plan (CSP) 2027 for consideration and endorsement of the final CSP 2027.

RECOMMENDATION

That Council: 1. Endorse the Community Strategic Plan (CSP) 2027 with amendments. 2. Endorse the new Council structure as incorporated in the CSP 2027, consistent with the

Local Government Act 1993, Chapter 11, Part 1 Organisation structure, 333 Redetermination and review of structure.

3. Endorse the new Vision, Values and Commitment as incorporated in the CSP 2027.

BACKGROUND

Local Governments in NSW are required to undertake their planning and reporting activities in accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005. In 2009 the Local Government Act was amended to create an Integrated Planning and Reporting (IP&R) requirement. A greater emphasis is placed on longer term planning with key elements including a Community Strategic Plan setting out the strategic directions (minimum of 10 years), Delivery Program outlining how Council will deliver on these directions (4-year period) and an annual Operational Plan. As at 30 June 2012 NSW Councils are required to be working within the IP&R Framework.

The planning requirements for the Community Strategic Plan are as follows: Community Strategic Plan must be endorsed by 30 June in the year following an

election: Reviewed every four years and roll forward so remains at least 10 year horizon; Exhibit for at least 28 days; and Copy of plan and amendments to Office of Local Government within 28 days of

endorsement. REPORT/PROPOSAL

On 24 April 2017 Council adopted the draft CSP 2027 for exhibition. Public notice was made in the Hunter Valley News and Scone Advocate and by a leaflet drop to all addresses in the Shire. The draft Plan was placed on exhibition from Thursday, 27 April to Friday, 26 May 2017.

Council held public meetings at Aberdeen, Merriwa, Scone and Murrurundi during this period to discuss issues with the Community in regard to the draft CSP 2027 and draft Delivery Program and Operational Plan.

The amended CSP 2027 will be forwarded to Councillors after adoption by Council.




Two workshops have been held with Councillors to discuss submissions and staff comments provided.

A change to the CSP 2027 is Council’s amended structure, which is now incorporated into the plan. Consistent with the Local Government Act 1993:

Chapter 11, Part 1 Organisation structure, 333 Re-determination and review of structure The organisation structure may be re-determined under this Part from time to time. The Council must review, and may re-determine, the organisation structure within 12 months after any ordinary election of Council.

A review of Council’s structure was undertaken. The General Manager consulted with Councillors and staff on the proposed structure. This process resulted in the new structure in the CSP 2027.

During the development of the draft CSP 2027, the Vision, Mission and Values were reviewed and staff and Councillors consulted. This did not change during the exhibition of the draft and is the result of extensive consultation with Councillors and staff. The new Vision, Values and Commitment as incorporated into the Plan is recommended to be endorsed by Council and will replace the previous Council values.

There were no written external submissions relating to the Community Strategic Plan 2027 during the exhibition period. There was extensive Community engagement carried out during the preparation of this plan.

There was a request at the Murrurundi Public Meeting to change the photo of a train on page 31 and this has been incorporated below.

There were submissions to the Delivery Program 2017/2018-2020/2021 and Operational Plan 2017/2028 and these are addressed in a separate Report to Council. The proposed changes to the Delivery Program and Operational Plan do not impact on the CSP 2027 or the links with these plans.

The following amendments are recommended in response to staff submissions and/or corrections:

Change Community Priority Icons to Community Priorities throughout the document. Change photo on Part 1 title page; Amend numbering at the start as is incorrect; Change numbering of Goals and Strategies throughout whole document, consistent

with Exhibition brochure; Councillors photo change label – Back Row, Front Row Council structure (Our Organisation) to be replaced with new Council structure. Change throughout document:

o CS 5.19 Encourage retail and commercial business to locate and prosper within our Shire.

o CS 5.22 Provide attractive and functional town centres and support revitalisation of the towns and villages including investment in built heritage and improvement of existing buildings.

Page 31 take out the train photo and replace with a photo of the Shire. Page 39 spelling mistake - change affective to effective. Page 7 Org structure - Water and sewer are more than just maintenance, change to

Water Supply and Sewerage Services in the new structure.




Page 36 Challenges – Change to: o Water Supply - Provision of reliable and safe water supply. o Sewerage Service - Continuing to renew our ageing sewer infrastructure.

Following a submission from a Councillor and discussion at a Councillor workshop, Climate Change is separated out from the other recommended amendments to the CSP 2027. Current Climate Change provisions in CSP 2027 The CSP 2027 has a stronger emphasis on the environment and sustainability compared to the existing Community Strategic Plan 2013+. This is in response to the multiple environment themes that emerged in the Community Engagement and is reflected within 2 of the Community Priorities, as follows:

Protect the natural environment; and Rural lifestyle and Country feel are valued and protected and the Upper Hunter Shire

remains quiet, safe, healthy and welcoming. Council has a strategy in the Community Strategic Plan, specifically addressing Climate Change, as follows:

3.12 Ensure that all actions, decisions and policy response to natural hazards and climate change remains current and reflects capacity, Community expectations and changes in environmental and climate change information.

Climate Change – Option 1 An option to further emphasise Council’s commitment to Climate Change is to keep it as outlined above and to add the following paragraph before the final paragraph in the Message from the Mayor on page 3:

Council is committed to addressing our vulnerability to climate change and preparing for the future by building resilience. With this in mind we recognise the need to understand and proactively address the key impacts to the Upper Hunter Shire relating to natural hazards as an increased risk of flood, heat/fire and drought.

Add into the Our Key Challenges and Opportunities on page 29 the following:

Climate Change - Increase capacity to adapt to climate change Climate Change – Option 2 An option to further elevate Council’s commitment to climate change is to keep the current climate change provisions in the CSP 2027 and to add in Option 1 and add in the further changes detailed. Add in a heading after the Enterprise Risk Management section, Climate Change with the following text:

Climate change and its potential impacts will feature as a primary consideration in every aspect of Council’s business, whilst appropriate actions in response to the causes and effects of climate change must be integrated as a core part of every strategic and operational management activity undertaken by Council.




We will ensure our Community is prepared for future climate change and we will work collaboratively to mitigate our impacts, committing to the following:

Motivate positive changes in our response to climate change and monitor our impact over time; and

Protect our community and respond to the risks posed by expected changes to the climate.

Council’s role has been to guide the Community through important discussions about the future, document responses, identify the Community’s priorities and develop strategic directions.

The above options for addressing climate change in the CSP 2027 are for consideration. If option 1 or 2 is incorporated, it will be in isolation from the community engagement carried out during development and was not part of the Public Exhibition. OPTIONS

There are limited options as this is a statutory obligation, so consistent with legislation the CSP 2027 needs to be endorsed with the options as follows:

1. Endorse the CSP 2027 with amendments. 2. Endorse the CSP 2027 with amendments with additional option 1 for Climate Change 3. Endorse the CSP 2027 with amendments with additional option 2 for Climate Change CONSULTATION

Consultation and engagement of the Community and Council through the development of the CSP 2027 was guided by Council’s Community Engagement Strategy Community Strategic Plan (CSP 2027) which was adopted by Council.

Council recognised that proactive and effective engagement of the Community and Council is critical in the development of the CSP 2027 and committed to a new engagement approach.

The approach and results of the Community engagement and consultation are outlined in Part 2 and Part 3 of the attached Draft CSP 2027.

Consultation continued during the Public Exhibition in the following ways:

Householder letter; Public meetings at Scone, Aberdeen, Murrurundi and Merriwa; Media Releases; and Documents available for public comment.

STRATEGIC LINKS

a. Community Strategic Plan 2013+

The CSP 2027 will replace the Community Strategic Plan 2013+ and will provide a road map of what is important to the Community and where it wants to be in 10 years.

The CSP 2027 is structured around the pillars of sustainability: environmental, social (referred to as Community Life) and economic (referred to as Economy and infrastructure). Leadership is a fourth element. These have all been integrated in our long-term planning and decision making.




b. Delivery Program The CSP 2027 and its strategic objectives will provide a foundation for our Delivery Program and Operational Plan. The Delivery Program and Operational Plan will detail how each service addresses the CSP 2027 objectives, ongoing activities, priority projects and the strategies supporting this work. c. Other Plans All Council plans link into the Community Strategic Plan 2027 and the Council’s Integrated Planning and Reporting (IP&R) Framework, which is outlined in Part 2 of the attached CSP 2027. IMPLICATIONS a. Policy and Procedural Implications With the endorsement of the CSP 2027, Council has met its requirements to date consistent with the IP&R Framework. b. Financial Implications Endorsing the CSP 2027 sets the strategy that guides Councils budget process. c. Legislative Implications Legislative responsibilities have been met with the endorsement of the CSP 2027 by Council before 30 June and a copy of the plan and amendments to the Office of Local Government within 28 days of endorsement. d. Risk Implications Risk has been managed as when endorsed we have met all requirements under the Local government Act 1993 and the Local Government (General) Regulation 2005. e. Other Implications Nil CONCLUSION The CSP 2027 needs to be endorsed by Council to meet the 30 June deadline and a copy of the plan and amendments forwarded to Office of Local Government within 28 days of endorsement.

ATTACHMENTS



Environmental & Customer Services


STANDING COMMITTEE REPORTS

SCR.06.1 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE


AUTHOR: Mathew Pringle - Director Environmental & Community Services

RECOMMENDATION

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

meeting held on 13 June 2017. 2. DESC.06.1 – Approve Development Application No. 31/2015 for the demolition and

replacement of a service station on Lots 11 and 12 DP 1138526, No. 226 Mayne Street and No. 41 Bernard Street, Murrurundi subject to the conditions of consent in Attachment 2.

BACKGROUND The Development and Environmental Services Committee is a Standing Committee of Council which considers reports, advice and recommendations of management regarding strategic land use planning, development applications, environmental, health and building related matters. The Committee subsequently makes recommendations to Council in relation to such matters. A meeting of the Development & Environmental Services Committee was held on Tuesday, 13 June 2017. REPORT/PROPOSAL In relation to Item DESC.06.1, Condition No. 26 has been amended to require the acoustic fence to be extended along the north-eastern boundary of No. 224 Mayne Street to further mitigate the noise impacts of heavy vehicles exiting the site in Bernard Street. In addition, Condition No. 81 has been added to ensure that any parking signs approved by RMS and the Local Traffic Committee are installed prior to the issue of any Occupation Certificate. To further mitigate potential noise and amenity impacts on the surrounding area, Condition Nos. 78 and 79 have been added to prohibit the use of the site as a truck rest area and to require the erection of signage directing truck drivers to turn off refrigeration units on vehicles parked on the premises between the hours of 10.00pm and 7.00am.

ATTACHMENTS

1 Minutes - Development & Environmental Services Committee Meeting - 13 June 2017

2 DA 3/2017 - Recommended Conditions of Consent

ATTACHMENT NO: 1 - MINUTES - DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE MEETING - 13 JUNE 2017

ITEM NO: SCR.06.1


MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 13 JUNE 2017 IN THE BARRY ROSE ROOM COMMENCING AT 10.00am

PRESENT: Cr Kiwa Fisher (Chair), Mayor Wayne Bedggood, Cr Ron Campbell and Cr Lee Watts. APOLOGIES: Cr Sue Abbott IN ATTENDANCE: Cr James Burns, Cr Maurice Collison, Mr Mathew Pringle (Director Environmental & Customer Services) and Miss Lisa Casey (Governance Support Officer), John Payne (Kurrawa Pty Ltd), Wayne Gersbach (MacroPlan), Charlotte Drake-Brockman, Fran Wachtel, Hayden Kaney and Di Van Balen DECLARATIONS OF INTEREST: Nil PUBLIC PARTICIPATION: DESC.06.1 - DA 3/2017 Demolition of existing structures and construction of 24 Hour Highway Service Centre The following attendees spoke in relation to DESC.06.1:

John Payne – for Applicant Wayne Gersbach – for Applicant Charlotte Drake-Brockman Fran Wachtel Hayden Kaney Di Van Balen

AGENDA ITEMS DESC.06.1 - DA 3/2017 Demolition of existing structures and construction of 24 Hour Highway Service Centre Mathew Pringle provided an overview of the application and identified the site to the committee using aerial imagery. Upon receipt the application was publicly notified and 26 submissions were received. It was noted that the application was referred to Roads and Maritime Services & Infrastructure services whereby various recommendations and information were received. The following advice has been recorded:

The Water and Waste section recommended a condition of consent requiring the developer to enter into a liquid trade waste agreement with Council.

Additional information in relation to firefighting measures to be submitted with the Construction Certificate application.

Noise mitigation measures have been suggested and will be required as conditions of consent in order to minimise noise impacts on neighbouring properties in Bernard Street.


ITEM NO: SCR.06.1


Charlotte Drake-Brockman explained she had concerns about the following: Various environmental issues have not been addressed within the development

application. Light spill and noise impacts appear to be significant The service centre will have an adverse impact on the operation of other service

stations. Fran Wachtel, as an adjoining land owner at 220 Mayne Street, Murrurundi, provided a brief summary of her concerns being:

Potential for increased litter Parking limitations and heavy vehicles Entry & exit locations Increase of noise & traffic in Bernard Street Adverse effect of business signage

Wayne Gersbach, as a representative of the applicant, clarified that the development is a highway service centre, not a truck stop. The highway service centre will allow trucks to fuel up in separate areas. The proposal is not a truck rest stop. The application identifies that the proposal would generate an additional 20 vehicle trips at peak times. John Payne advised that the figure was calculated based on a traffic study which investigated current traffic volumes and likely traffic generation rates. Hayden Kaney, who resides at 224 Mayne Street, Murrurundi, raised the following matters:

The Noise Impact Assessment accompanying the development application did not adequately consider the impacts of traffic noise on adjoining properties and it is unclear how the predicted noise levels were calculated.

Erection of an acoustic fence along the boundary of 224 Mayne Street is warranted and supported by Mr Kaney based on noise impact assessment report.

Condition No. 56 should be amended. Noise mitigation measures including the acoustic fence should be completed prior to the commencement of construction work.

Condition 54 should be amended to ensure that tree planting is undertaken prior to the commencement of work.

Minimal parking is available on site and the proposal is likely to result in trucks and other vehicles parking adjacent to his own property.

Truck parking in Mayne and Bernard Street has been an issue for many years. Perhaps signage could be placed in Mayne Street between Bernard Street and Cohens Gully to prohibit vehicles greater than 6m from parking in the area.

Not in agreeance that the development is in keeping with the surrounding area. Annual rain events cause significant stormwater issues. This will be exacerbated by

further development on the site. The south-eastern driveway often floods when high rainfall is experienced.

Mathew Pringle provided clarification on various issues mentioned during Public Participation. In relation to the stormwater issues raised by Hayden Kaney, it was confirmed that a stormwater management plan has been submitted for the development. Additional stormwater management measures would be integrated into the road upgrade in Bernard Street. Mathew Pringle agreed that Condition No. 56 could be amended to require noise mitigation works to be completed prior to the issue of a Construction Certificate for the development. Wayne Gersbach concurred with this amendment.


ITEM NO: SCR.06.1


Mathew Pringle noted that in relation to Condition No. 54, it would be undesirable to require the planting of street trees prior to the completion of road works as they could possibly be damaged during the course of the works. As such, it was recommended that Condition No. 54 remain unchanged. Hayden Kaney accepted this advice. Signage to limit the size of vehicles parking on local roads and the New England Highway could be installed, however, such signage would need to be approved by Local Traffic Committee (and RMS if located on the Highway).In this regard, Mathew Pringle stated that a condition of consent could be recommended to require an application to be made to the Local Traffic Committee and RMS for the installation of signage along Bernard Street and Mayne Street to restrict the parking of vehicles greater than six (6) metres in length. Mathew Pringle confirmed that a separate development application was required for the erection of business signage (such as a pylon sign) once the operator of the service centre was known. The inclusion of signage on the current DA plans was only shown as a general concept. A condition of consent has been recommended to reflect this requirement. All public participants indicated they were concerned about the potential impacts of 24 hour operation. Mathew Pringle advised that this was reviewed as part of the development assessment and it was determined that the impacts of the proposal were not significant enough to warrant reduced trading hours. Cr Campbell enquired about the amenities that would be provided for customers of the development to utilise. John Payne confirmed the premise would provide showers and general amenities. In response to concerns about the standard of road construction in Bernard Street and ongoing maintenance, Mathew Pringle stated that the developer would be required to upgrade the road to Council’s requirements. The road would then be maintained by Council in the future. Councillor Campbell asked if there were standards in place to require separate exits for smaller vehicles and larger trucks. John Payne responded by confirming that there were standards in place and that this is why two separate exits have been proposed. Mayor Bedggood reminded the committee and public participants that Council had recently rezoned this part of Murrurundi from R1 General Residential to B4 Mixed Use in response to community feedback. As a result, the range of permissible uses on the site has broadened and now includes highway service centres. The Committee were generally in agreeance that the impacts of the proposal were not of such significance as to warrant refusal of the application.


ITEM NO: SCR.06.1


DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE REPORTS

DESC.06.1 DEVELOPMENT APPLICATION NO. 3/2017 DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF 24 HOUR HIGHWAY SERVICE CENTRE


AUTHOR: Paul Smith - Senior Environmental Planner

PURPOSE On 12 January 2017, Council received Development Application No. 3/2017 for the demolition of existing structures and the construction of a 24 hour highway service centre on Lots 11 and 12 DP 1138526, No. 226 Mayne Street and No. 41 Bernard Street Murrurundi. The application is being reported to the Development and Environmental Services Committee as twenty-six (26) submissions have been received following notification of the application.

RECOMMENDATION That Council approve Development Application No. 31/2015 for the demolition and replacement of a service station on Lots 11 and 12 DP 1138526, No. 226 Mayne Street and No. 41 Bernard Street Murrurundi subject to the conditions of consent in Attachment 1.

BACKGROUND Applicant: Kurrawa Pty Ltd Owner: Kurrawa Pty Ltd Proposal: Demolition of existing structures and the construction of a 24 hour highway

service centre Location: Lots 11 and 12 DP 1138526, No. 226 Mayne Street and No. 41 Bernard

Street Murrurundi Lodged: 12 January 2017 Zone: B4 Mixed Use Development Application No. 3/2017 was lodged with Council on 12 January 2017. Following notification of the application 26 submissions were received raising issues and objections related to noise, increased traffic movement, impact on existing businesses, impact on water quality, impact on air quality and loss of amenity. REPORT/PROPOSAL The development site comprises two existing allotments with a combined area of approximately 7144sq metres, a 100m (approx.) frontage to the New England Highway (Mayne Street) and an 80m frontage to Bernard Street. The development application proposes to construct and operate a 24 hour/ 7 day a week highway service centre. The development involves: • Demolition of the existing buildings (former service station) and dwelling house • The construction of (approx.) 47m x 12m x 5.15m high building comprising shop,

truckies dining area and fast-food restaurant (plus drive-thru). • Forecourt area and car canopy - 34m x 8m x 6m high • Forecourt area and truck canopy – 20m x 10m x 6.5m high • Other service associated station infrastructure – car and truck parking areas, signage,

underground petroleum storage systems, fuel dispensers


ITEM NO: SCR.06.1


• On-site parking (40 car parking spaces) and truck parking (5 spaces) Plans of the development are provided in Attachment 2. OPTIONS

1. That Council approve Development Application No. 31/2015 for the demolition and replacement of a service station on Lots 11 and 12 DP 1138526, No. 226 Mayne Street and No. 41 Bernard Street Murrurundi subject to the conditions of consent in Attachment 1.

2. That Council refuse Development Application No. 31/2015 for the demolition and replacement of a service station on Lots 11 and 12 DP 1138526, No. 226 Mayne Street and No. 41 Bernard Street Murrurundi, stating reasons for refusal.

CONSULTATION Surrounding properties were notified of the development proposal between 26 January 2017 to 10 February 2017. An advertisement was placed in the Scone Advocate on 26 January 2017. Twenty-six (26) submissions were received with the main issues raised being summarised in Attachment 1 of this report and include: noise, traffic safety, vehicle movements, amenity, water pollution, impact on existing businesses. A copy of the submissions is provided in Attachment 4. The development application was referred to the Water and Waste section on 16 January 2017. This section did not object to the development proposal, however it has recommended conditions of consent in relation to ensuring appropriate measures are in place for liquid trade waste management. The development application was referred to the Strategic Assets section on 16 January 2017. This section did not object to the development proposal, however it has recommended that Bernard Street be reconstructed from the intersection with Mayne Street for the full frontage of the development site. This will require road reconstruction to meet the design standards for the proposed traffic loadings, kerb and guttering and stormwater drainage. The development application was referred to NSW Roads and Maritime Services on 17 January 2017. Following amendments to the development application, on 25 May 2017 the RMS advised they had no objection to the development provided the following condition of consent be imposed: The guardrail on the southern side of the New England Highway (Mayne Street) opposite the site shall be relocated from the pavement to the roadside to allow the western access to act as a Basic Right (BAR) turn. A Works Authorisation Deed (WAD) will be required for these works as the pavement shall be repaired and the guardrail replaced / reinstated. All works required under the WAD shall be completed prior to the issue of a construction certificate for the proposed service centre. STRATEGIC LINKS a. Community Strategic Plan 2013+ The proposed development is consistent with the Key Focus Areas and Aspiration Goals 3 and 5 of the Community Strategic Plan: “(3) Protect the natural and built environment and plan for a sustainable future for our Shire and our planet; (5) Enhance economic and employment opportunities and promote development”.


ITEM NO: SCR.06.1


b. Delivery Program Assessment of the application is in accordance with the Community Strategic Objectives for town planning: “Facilitate and provide for a growing population, including for example, affordable housing, community amenities, health and welfare services”. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications Development Application and other relevant fees totalling $6,126 have been paid by the applicant. c. Legislative Implications An assessment of the development application has been undertaken pursuant to Section 79C of the Environmental Planning and Assessment Act 1979 (see Attachment 3). d. Risk Implications Council determinations of development applications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a minimal risk of any third party legal appeal in relation to this development application. e. Other Implications There are a number of issues related to the development of the highway service centre on the site that pose risks to the environment and adjoining/adjacent residents. These issues include: potential asbestos from demolition, vibrations causing damage (from demolition and construction), stormwater runoff, land and water pollution, noise (from demolition and operation), trading hours, lighting from signage, increased traffic movement and increased crime. These issues have been addressed either as part of amendments to the development application or through conditions of consent. CONCLUSION The application has been assessed as satisfactory against Section 79C of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015. The proposal is in keeping with the site context, is an appropriate form of development for the site and is unlikely to result in any significant adverse impacts. Accordingly, it is recommended that the application be approved subject to appropriate conditions of consent.


ITEM NO: SCR.06.1


RECOMMENDED that Council approve Development Application No. 31/2015 for the demolition and replacement of a service station on Lots 11 and 12 DP 1138526, No. 226 Mayne Street and No. 41 Bernard Street Murrurundi subject to the conditions of consent in Attachment 1, including the following amendments:

1. Delete Condition No. 56 and replace with Condition No. 26 as follows:

26. Noise Attenuation Measures to No. 224 Mayne Street

Prior to the issue of any Construction Certificate, appropriate noise attenuation measures shall be applied to No 224 Mayne Street (Lot 10 DP 710880), subject to the consent of the landowner. In this regard the person acting on this consent shall:

a) Erect a 1.8 metre high above ground level, lapped and capped solid timber acoustic fence, for the full length of the north-western boundary,

b) install appropriate noise attenuation measures to mitigate the 3dBA exceedance of sleep disturbance criterion, and

c) Provide certification by an acoustic engineer or consultant that the noise attenuation measures will mitigate the 3dBA exceedance of sleep disturbance criterion.

(Reason: To ensure appropriate measures are in place to provide privacy and

protect occupants from noise generated by the development.)

2. Amend Condition No. 61 as follows:

61. Hours of Operation

At all times the service station shall be open for business only between the following hours:-

Operating hours: The Service Station may be open for busion a 24 hour basis

(Reason: To allow 24 hour operation)

3. Insert Condition No. 27 as follows:

27. Parking Signs

Prior to the issue of a Construction Certificate, the person acting on this consent shall apply to the Local Traffic Committee and Roads and Maritime Services for approval to erect signage in Mayne Street (between Bernard Street and Elizabeth Street) and Bernard Street (between Munro Street and Mayne Street) to restrict the parking of vehicles greater than six (6) metres in length. (Reason: To minimise traffic and noise impacts on surrounding properties)

Moved: L Watts Seconded: R Campbell CARRIED

THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 11.15AM

ATTACHMENT NO: 2 - DA 3/2017 - RECOMMENDED CONDITIONS OF CONSENT ITEM NO: SCR.06.1


DA 3/2017 – Recommended Conditions of Consent Details of the conditions of consent are as follows:-

General Conditions:

1. Development in accordance with plans

The development being carried out in accordance with the development application and the drawings referenced below and Statement of Environmental Effects dated December 2016 (MacroPlanDimasi), except where amended by the following conditions. JOB REFERENCE NO SHEET

NO REVISION

NO DRAWN BY DATE

Existing Site Plan A099

- A Richmond Ross 12.12.2016

Site Plan A100

- K Richmond Ross 27.03.2017

Demolition Site Plan A104


Existing Floor Plan A199A


Existing Floor Plan No. 29 Bernard Street


Proposed Floor Plan A200

- B Richmond Ross 12.12.2016

Elevations A201

1 of 2 B Richmond Ross 12.12.2016

Elevations A202


Roof Plan A207


Car Canopy A310


Car Canopy Elevations A311


Car Canopy Elevations A312


Car Canopy Sections A313


Truck Canopy Floor Plan A320


Truck Canopy Elevations A321


Truck Canopy Sections A322


Truck Canopy Roof Plan A323


Erosion and Sediment Control Plan B106

- D Richmond Ross 27.03.2017

Stormwater Concept Plan B108

- D Richmond Ross 27.03.2017



Proposed Signage Site Plan S100

- F Richmond Ross 27.03.2017

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

determination of Council)

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

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

determination of Council)

3. Partial Consent

Pursuant to Section 80(4)(b) of the Environmental Planning and Assessment Act 1979 no consent is given for the erection of the signage associated with the highway service centre.

(Reason: The applicant has not provided sufficient detail to enable consideration of the

proposed signs.)

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

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

Code Series. (Reason: Prescribed by legislation)

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

5. Construction Management Plan A Construction Management Program must be prepared and submitted to, and approved in writing by

the Council prior to the issue of any Construction Certificate. The program shall include such matters as:

(a) a Safe Work Method Statement; (b) the proposed method of access to and egress from the site for construction vehicles, including

access routes through the Council area and the location and type of temporary vehicular crossing for the purpose of minimising traffic congestion and noise in the area, with no access across public parks or reserves being allowed;

(c) the proposed phases of construction works on the site, and the expected duration of each

construction phase; (d) the proposed order in which works on the site will be undertaken, and the method statements

on how various stages of construction will be undertaken; (e) the proposed manner in which adjoining property owners will be kept advised of the timeframes

for completion of each phase of development/construction process;



(f) the proposed method of loading and unloading excavation and construction machinery, excavation and building materials, formwork and the erection of any part of the structure within the site. Wherever possible mobile cranes should be located wholly within the site;

(g) the proposed areas within the site to be used for the storage of excavated materials,

construction materials and waste containers during the construction period; (h) the proposed method/device to remove loose material from all vehicles and/or machinery

before entering the road reserve, any run-off from the washing down of vehicles shall be directed to the sediment control system within the site;

(i) the proposed method of support to any excavation adjacent to adjoining properties, or the road

reserve. The proposed method of support is to be designed and certified by an appropriately qualified and practising structural engineer, or equivalent;

(j) proposed protection for Council and adjoining properties. Details are to include site fencing and

the provision of “B” class hoardings and fans over footpaths and laneways; (k) proposed protection for Council and adjoining properties; (l) the location and operation of any on site crane; (m) the location of any Construction Zone (if required) approved by Council’s Traffic Committee,

including a copy of that approval; and (n) location, identification, treatment and disposal of all hazardous materials on site.

All work and excavation, demolition or construction activities shall be undertaken in accordance with the approved Construction Management Program and any conditions attached to the approved plan. A copy of the approved Construction Management Plan, and any conditions imposed on that plan, shall be kept on the site at all times and made available to any officer of Council upon request. (Reason: To ensure appropriate measures have been considered for site access, storage and

the operation of the site during all phases of the construction process in a manner that respects adjoining owner’s property rights and residential amenity in the locality, without unreasonable inconvenience to the community)

6. Soil and Water Management Plan

A Soil and Water Management Plan prepared in accordance with the requirements of Par 11f of the Upper Hunter Development Control Plan 2015 be submitted to Council for approval prior to the issue of a Construction Certificate. (Reason: To ensure adequate consideration is given to the management of soil and water in

relation to the development.)

7. Bulk Earthworks Plan

A Bulk Earthworks Plan shall be submitted to the Consent Authority for approval. The plan must provide:

a) A description of the works (including quantities of materials to be moved); b) Earthworks methodology; c) The extent of excavation and/or filling (contour depth of fill plans) including quantities; d) Details of the method of retaining, draining and stabilising the disturbed areas; and e) The results of supplementary site contamination report of Lot 11 DP 1138526 particularly in

the northern portion of to determine whether or not there is residual contamination from the storage of treated timbers or uses associated with a scrap yard. Should the results establish that there is residual contamination a Remediation Action Plan must be prepared and submitted to the Consent Authority for approval.



8. Materials and Colour Palettes

Prior to the issue of the Construction Certificate, the applicant shall submit details of the materials and colour palettes for each elevation of the proposed buildings to the Consent Authority for approval.

(Reason: To ensure material and colours are appropriate.) 9. Waste Management Plan Prior to the issue of a Construction Certificate the person acting on this consent shall submit a Waste

Management Plan to the Certifying Authority for approval.

The Waste Management Plan shall include details of the handling of waste materials generated from the demolition, construction and on-going operation regarding:

• the location of waste management facilities proposed both during demolition, construction and for

ongoing operation. • volume and type of waste and recyclables to be generated • storage and treatment of waste and recyclables on site • disposal of residual waste and recyclables • operational procedures for ongoing waste management once the development is complete.

(Reason: To waste generated from the development is stored and disposed of in a way that

does not impact on the environment.) 10. Traffic Management Plan.

A Traffic Management Plan prepared by an appropriately qualified civil engineer shall be prepared and submitted to Council for written approval prior to the issue of any Construction Certificate. The Traffic Management Plan shall include certification and details addressing the following:-

(a) Details demonstrating compliance with relevant provisions in AS2890.1 – Off Street Car

Parking Facilities, including, but not limited to, aisle widths, and parking space dimensions;

(b) Details of the proposed circulation routes within the car park; (c) Details of proposed pedestrian routes, kerb construction methods and other protective

measures such a bollards or the like to ensure safety of users; (d) Details of improvement/upgrade of existing access ways. (e) Details of proposed traffic control signage to be installed and references to relevant RTA

Guidelines and Australian Standards; and (f) Details of speed limit restrictions within the car park.

Notes:

(i) It is recommended that the Traffic Management Plan be prepared and submitted at an early stage. (ii) The Traffic Management Plan is used to ensure appropriate safety and traffic management is provided within the development which can be enforced through relevant legislation. It is in the interests of the applicant that it is completed.

(Reason: To ensure traffic issues are appropriately managed)

11. Bicycle Storage and Parking

A bicycle storage area shall be provided within the site to accommodate a minimum of 4 bicycles, and a visitor parking bicycle rail shall be provided for the site, such bicycle storage lockers and bicycle rail to be designed in accordance with AS 2890. Details demonstrating compliance are to be submitted to the Certifying Authority for approval with the Construction Certificate.

(Reason: To ensure adequate parking infrastructure is available for bicycle users.)



12. Off Street Car Parking

A total of 40 off-street car-parking spaces and five (5) truck parking spaces, together with access driveways, shall be constructed, paved/sealed, line marked and signposted in accordance with the approved development plans, appropriate Australian Standards and industry best practice as appropriate. A certificate prepared and certified by an appropriately qualified and practising Civil Engineer for the construction of these areas in accordance with this requirement shall be submitted to the Certifying Authority for approval with the Construction Certificate.

(Reason: To ensure adequate parking infrastructure is available.) An 13. Parking for People with Disabilities

A minimum of one (1) car-parking spaces to be used by persons with a disability shall be provided as part of the total car-parking requirements. Consideration must be given to the means of access from the car-parking spaces to adjacent buildings, to other areas within the buildings and to footpath and roads and shall be clearly shown on the plans submitted to the Certifying Authority for approval with the Construction Certificate. All details shall be prepared in consideration of, and construction completed in accordance with Australian Standard AS2890.6 to achieve compliance with the Disability Discrimination Act, and the relevant provisions of AS1428.1 and AS1428.4.

(Reason: To ensure adequate facilities are in place to provide access for people with disabilities.) 14. Operational Environmental Management Plan Prior to the issue of a Construction Certificate the person acting on this consent shall submit an

Operational Environmental Management Plan (OEMP) to the Consent Authority (Upper Hunter Shire Council) for approval. Note: Council may require the applicant/person acting on the consent to amend the plans prior to any such approval.

The OEMP shall:

a) Provide the strategic framework for environmental management of the service station. b) Identify all statutory approvals that apply to the operation of the service station. c) Identify how the service station satisfies Environmental Actions for Service Stations:

Information Sheet 3 – Forecourt Design, Operation and Maintenance and/or any other relevant guidelines, industry codes of practice or Australian Standards.

d) Describe the role, responsibility, authority and accountability of all key personnel involved in the environmental management of the service station.

e) Provide an inspection and maintenance schedule of: stormwater drainage, grates, spill capture tank, litter and grounds, signage and electrical controls.

f) Provide a methods statement for the inspections and maintenance (including details of the frequency of such inspections and maintenance).

g) Include the pro-forma sheets for record-keeping of inspections and maintenance (Note: Records must be maintained for the inspection and maintenance program and must be available for inspection by the consent authority or appropriate regulatory authority).

(Reason: To ensure adequate systems are in place to protect the environment.)

15. Underground Petroleum Storage System (UPSS)

Prior to the issue of the Construction Certificate, the detailed design specification of the UPSS must be submitted to the Principal Certifying Authority showing compliance with the UPSS regulation and having a minimum mandatory pollution protective equipment installed comprising non corrodible secondary containment tanks and associated pipework and overfill protection devices.

(Reason: To ensure appropriate measures are implemented to prevent pollution to the

environment.)



16. Road Construction The person acting on the consent shall carry out full road re-construction of Bernard Street for the full

frontage of Lot 11 and Lot 12 DP 1138526 adjacent to the subject land to include: kerb and gutter, drainage, pavement construction, sealing and service adjustments and landscaping (including the establishment of appropriate street trees on the eastern side of Bernard Street).

All work as a minimum shall be designed in accordance with Council’s Engineering Guidelines for

Subdivisions and Developments. Detailed constructional drawings prepared by an appropriately qualified and practising Civil Engineer, shall be submitted to, and approved by the Consent Authority prior to the release of the Construction Certificate.

Note: a separate approval under Section 138 of the Roads Act 1993 will be required prior to the commencement of work for the road re-construction works.

(Reason: To ensure the provision of public infrastructure of an appropriate quality arising from

the development works to service the development)

17. Street Trees Street trees/shrubs shall be planted along the eastern side of Bernard Street between Munro Street

and Mayne Street, opposite the development site, to minimise the impact of headlight intrusion and provide privacy screening to neighbouring properties. Trees/shrubs shall have a mature height of between 2 to 3 metres and consist of dense foliage.

Details of proposed street trees/shrubs including numbers, species, pot size and spacing as well as

planting and maintenance specifications shall be submitted to Council for approval prior to the issue of a Construction Certificate.

Note: a separate approval under Section 138 of the Roads Act 1993 will be required prior to the commencement of any work within the road reserve.

(Reason: To minimise the impacts of headlight intrusion and provide appropriate privacy

screening to neighbouring properties).

18. Vehicular Access

The applicant shall design the sealed vehicular access way in compliance with the following:

a) the sealed vehicular access way shall be designed to comply with Council’s Engineering Guidelines for Subdivision and Developments to ensure that vehicles entering the premises will not scrape/strike the surface of the carriageway, layback, vehicular crossing or garage floor;

b) the width of the vehicular layback shall be sized (including the wings) to meet the requirements of the turning path for the largest vehicle to enter and exit the site;

c) the crossing (between the layback and the property boundary) shall be placed on a single straight grade of 5%, falling to the back of the layback;

d) a Cross section along the centre-line of each access way to the building at a scale of

1:50 to be taken from the centre of the road and shall include all changes of grade both existing and proposed; and

A plan showing the profile of the driveways in relation to the road infrastructure shall be submitted to

and approved by the Consent Authority prior to the release of the Construction Certificate.

(Reason: To ensure adequate vehicular access is provided to the development.)



19. Stormwater Management On site detention must be provided to ensure that the maximum discharge of stormwater collected

from the undeveloped site, which would occur during a 1 in 5 year storm of 1-hour duration is not exceeded. All other stormwater run-off from the site for all storms up to a 1 in 20 year storm event is to be retained on the site for gradual release to the kerb and gutter or piped drainage system. Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

For small areas up to 0.5 hectares, determination of the required cumulative storage may be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Runoff Volume 1, 1987 later re published in a modified form in 1997.

Engineering calculations, design and certification shall be certified by an appropriately qualified and practising Hydraulic Engineer and submitted to, and approved by the Certifying Authority prior to the release of the Construction Certificate.

(Reason: To ensure appropriate provision is made for the disposal and management of

stormwater generated by the development, and to ensure that public infrastructure in Council’s care and control is not overloaded)

20. Development Servicing Plan for Water Supply and Sewerage

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

Contribution type (a) Total (C)

Water $ 8,400

Sewer $ 4,140

total contribution $ 12,540

Documentary evidence shall be submitted to the Certifying Authority confirming that the contribution has been paid prior to determination of the application for Construction Certificate, where applicable. (Reason: To retain a level of service for the existing population and to provide the same level

of service to the population resulting from new development)

21. Section 94A Contributions Plan Pursuant to Upper Hunter Shire Council Section 94A Development Contribution Plan 2008, a

contribution of $33,500 is required to be paid to Council. The amount to be paid is to be adjusted at the time of the actual payment, in accordance with the provisions of the Section 94A Development Contributions Plan. Documentary evidence shall be submitted to the Certifying Authority confirming that the contribution has been paid prior to determination of the application for Construction Certificate, where applicable. (Reason: To ensure that the proposed development makes an appropriate contribution to

facilities in the Upper Hunter Local Government Area)

22. Trade Waste

The Owner of the property shall enter into a trade waste agreement with Upper Hunter Shire for the disposal of all trade waste generated by the development. Documentary evidence demonstrating compliance with this condition shall be submitted to, and approved by the Certifying Authority prior to the release of the Construction Certificate. Note: This includes food premises which will require a grease trap or a grease arrestor. (Reason: To protect the environment from contamination)



23. Food Premises

Prior to the issue of a construction certificate, plans and specifications for the fit-out of the food premises shall be submitted to and approved by the certifying authority. The food premises shall be constructed to comply with the requirements of the Food Act 2003, the Food Standards Code and the Australian Standard AS 4674: Design, construction and fitout of food premises and include the following details:

a) A hand washing basin that is of an adequate size to allow hands and arms to be easily cleaned

must be installed in all parts of the premises where open food is handled. Small domestic type hand wash basins are not adequate in commercial situations. The hand wash basins must be in addition to any wash-up sinks.

b) Hot and cold water to the hand wash basins must be delivered through a hands free mixer tap. The hand basins must be provided with liquid soap and single-use towels at all times.

c) All cupboards, benches and shelving must be constructed of materials that are smooth,

impervious to moisture and able to be easily cleaned. Particular attention must be made to the underside of the benches to ensure that they are constructed so they are impervious and can be easily cleaned.

d) Ceiling, wall and floor finishes in the food premises must comply with Australian Standard AS

4674: Design, construction and fit-out of food premises.

e) Ceiling lights must be either installed flush with the ceiling surface or designed free from any features (such as ledges) that would harbour dirt, dust or insects or make the fitting difficult to clean.

f) Coving must be installed at the intersection of floors with walls in the food premises in

accordance with Australian Standard AS 4674: Design, construction and fit-out of food premises. Coving must be integral to the surface finish of both floor and wall and installed in such a manner as to form a continuous uninterrupted surface.

g) Either a floor waste with a solids trap and stand alone tap or a cleaners sink (sluice sink) must

be provided. Cleaners sinks must be provided with an adequate supply of hot and cold water and be located away from food preparation areas.

(Reason: To ensure public health and safety.)

24. Cigarette Butt Receptacle – Commercial

Cigarette butt receptacles must be provided on site, and permanently provided for the commercial building component of the development after construction. Details of the size and the location of the receptacle are to be provided to the Certifying Authority for approval with the Construction Certificate. (Reason: To ensure adequate measures are in place to prevent pollution to the environment.)

25. Consolidation of Lots

Prior to the issue of a Construction Certificate the person acting on this consent shall submit documentary evidence that Lot 11 and Lot 12 DP 1138526 have been consolidated. (Reason: To ensure the appropriate management of the land.)

26. Noise Attenuation Measures to No. 224 Mayne Street

Prior to the issue of any Construction Certificate, appropriate noise attenuation measures shall be applied to No 224 Mayne Street (Lot 10 DP 710880), subject to the consent of the landowner. In this regard the person acting on this consent shall:

a) Erect a 1.8 metre high above ground level, lapped and capped solid timber acoustic fence, for the full length of the north-western and north-eastern boundaries,



b) install appropriate noise attenuation measures to mitigate the 3dBA exceedance of sleep disturbance criterion, and

c) Provide certification by an acoustic engineer or consultant that the noise attenuation measures will mitigate the 3dBA exceedance of sleep disturbance criterion.

(Reason: To ensure appropriate measures are in place to provide privacy and protect

occupants from noise generated by the development.)

27. Parking Signs

Prior to the issue of a Construction Certificate, the person acting on this consent shall apply to the Local Traffic Committee and Roads and Maritime Services for approval to erect signage in Mayne Street (between Bernard Street and Elizabeth Street) and Bernard Street (between Munro Street and Mayne Street) to restrict the parking of vehicles greater than six (6) metres in length.

(Reason: To minimise traffic and noise impacts on surrounding properties)

Conditions that must be addressed prior to commencement:

28. Asbestos & Hazardous Material Survey (High Hazard) In relation to the demolition of the existing building on the site:

(a) a report prepared by an appropriately qualified person (such as an Occupational Hygienist or

Environmental Consultant) is to be submitted to the Certifying Authority, with the Construction Certificate application, detailing whether any asbestos or hazardous materials exist on the site that are affected by the proposed building works and if they exist on site their location and quantity. Hazardous materials include but shall not be limited to lead in paints, ceiling dust, glass fiber insulation and asbestos based products).

Note: If no hazardous materials are identified, the demolition may proceed in accordance with

AS2601 and the following conditions, including dust control and WorkCover requirements. (b) should any hazardous materials be identified as per item (a), a Work Plan shall be submitted to

the Certifying Authority with the Construction Certificate application and set out in accordance with AS2601 – Demolition of Buildings. The report shall contain details regarding:

i. The type of hazardous material; ii. (ii) The level or measurement of the hazardous material in comparison to National

Guidelines; iii. Proposed methods of containment; and iv. Proposed methods of disposal. v. Details of signage to be provided on the site to comply with the provisions of the

Occupational Health and Safety Regulation 2001, to ensure persons are warned, by the use of signs, labels or other similar measures, of the presence of asbestos or asbestos-containing material in a place at which construction work is being carried out.

(c) where unacceptably high levels of lead are found in a premises to be demolished soil samples

from site are to be tested by a NATA Registered laboratory before and after demolition and submitted to Council. This will determine whether remediation of the site is necessary.

(d) the demolition must be undertaken in accordance with AS2601. (e) any works involving asbestos based products must be undertaken in accordance with the

requirements of the WorkCover Authority in relation to removal, handling and disposing of material, and the Work Safe Australia Asbestos Code of Practice. (Refer to the information publications provided in your approvals package for more specific information)

(f) all work involving lead removal must not cause lead contamination of air or ground, and the

Work Plan submitted to comply with item (b) must comply with the requirements of AS 4361.2-1998 : Guide to lead paint management - Residential and commercial buildings. Particular attention must be given to the control of dust levels on the site.



Details demonstrating compliance with these requirements shall be submitted to, and approved by the Certifying Authority prior to the commencement of any site works. Notes:

i. Further details regarding requirements for removal of hazardous materials can be obtained from the WorkCover website or at www.lead.org.au.

ii. Failure to comply with legislative requirements relating to the removal or handling of hazardous materials is likely to result in enforcement action, including fines or prosecution without prior warnings.

(Reason: To ensure the long term health of workers on site and occupants of the building is

not put at risk unnecessarily)

29. Dilapidation Report

Prior to commencement of any demolition or construction work the person acting on this consent shall commission a suitability qualified person, whose appointment has been approved by Council, to inspect and report on the condition of buildings on Lot 10 DP 710880, No. 224 Mayne Street (subject to the owner of that lot agreeing to that inspection).

The report must:

a) Identify the current condition of the buildings on the land b) If appropriate, recommend measures that could be implemented by the owner of that lot, to

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

c) Recommend measures that could be taken by the person acting on the consent to minimise the impacts of demolition and/or construction that could be undertaken.

A copy of this report shall be provided to Council and the landowner prior to the commencement of demolition or construction works. The person acting on the consent must implement any of the measures referred to in Condition 17(c) as the Council requires, subject to the applicant obtaining the consent of the landowner of Lot 10 DP 710880 for any measures that require that owner’s consent. (Reason: To ensure demolition and/or construction do not have an impact on the structure of

the buildings on Lot 10 DP 710880.)

30. Soil and Water Management At all times the development shall be carried out in accordance with the approved Soil and Water

Management Plan. All required erosion and sedimentation techniques are to be properly installed prior to the commencement of any site works and maintained in a functional and effective condition throughout the construction activities until the site is stabilised. The installation is to be approved by the Principal Certifying Authority prior to further commencement of site works. (Reason: To protect the environment from the effects of sedimentation and erosion from

development sites)

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



(Reason: To protect the environment from the effects of sedimentation and erosion from development sites)

32. Site facilities

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

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

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

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

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

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

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

33. Site Sign A sign must be erected in a prominent position on any work site on which work involved in the

erection or demolition of a building is being carried out:

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

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

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

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

34. Damage to Public Infrastructure

The applicant shall bear the cost of all restoration works to Council property damaged during the course of this development. The applicant shall submit in writing and/or photographic record, of any existing damage to Council property before commencement of work.

Note: This documentation will be used to resolve any dispute over damage to infrastructure. If no

documentation is received prior to commencement of work it will be assumed that the infrastructure was undamaged and the applicant will be required to restore all damaged infrastructure at their expense.

(Reason: To ensure the development does not impose financial costs on Council.)



35. Critical Stage Inspections

The NAT-SPEC Construction Specifications (which must be complied with during all civil construction works as in force or amended at the time of design/construction) contain a number of Witness Points (WPs), Test Points (TPs) and Inspection Points (IPs) throughout the construction period which require reference to or the attention of a Council engineering officer.

All such points relevant to the scope of works for all civil infrastructure shall be assembled in a series of Inspection and Test Procedures (ITPs) and provided to Council for approval prior to the commencement of road construction work.

The ITPs and test results (subgrade compaction, road materials, road compactions, water and sewer commissioning, Benkelman beam tests, concrete compressive tests) shall be held on-site and copies of test results provided to the Roads Authority as soon as they become available throughout the course of the construction. Defective materials and test results are to be rectified and tests repeated such that the material/test results comply with relevant standards. (Reason: To ensure that civil infrastructure is constructed to an acceptable standard and

enable review at critical stages of construction.)

36. Asbestos Clearance Certificate (Major Works)

Prior to the commencement of building works where asbestos based products have been removed, an asbestos clearance certificate signed by an appropriately qualified person (being an Occupational Hygienist or Environmental Consultant) must be submitted to the Principal Certifying Authority (and a copy forwarded to Council) for the building work which certifies the following:- (a) the site is free of asbestos; The certificate must also be accompanied by tipping receipts, which detail that all asbestos waste has been disposed of at an approved asbestos waste disposal depot. If asbestos is retained on site the certificate must identify the type, location, use, condition and amount of such material. Note: Further details of licensed asbestos waste disposal facilities can be obtained from www.dec.nsw.gov.au (Reason: To ensure the site is fully clear of asbestos.)

37. Construction Certificate Requirement No works shall commence on site until such time as a Construction Certificate has been issued for

either part or all of the works. If a certificate is issued for part of the works it must cover the works being undertaken onsite. (Reason: Prescribed – Statutory)

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

38. Construction Hours

Any person acting on this consent shall ensure that:-

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

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

prior approval has been obtained



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

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

residents and the community)

39. Noise – Construction Noise

Noise during demolition and construction must not exceed the limits specified in the Interim Construction Noise Guidelines. The applicant is ensure all reasonable and feasible measures are undertaken to comply with Interim Construction Noise Guidelines. (Reason: To ensure that works do not interfere with reasonable amenity expectations of

residents and the community)

40. Prohibition on the use of Pavements

Building materials and equipment must be stored wholly within the work site, unless prior written approval has been obtained from council. Equipment must not be operated on the footpath or roadway, unless prior written approval has been obtained from council. (Reason: To ensure that works do not interfere with the amenity or safe operation of public

spaces.)

41. Demolition

Any person acting on this consent must ensure that:-

(a) Demolition must be carried out in accordance with AS 2601–1991, Demolition of structures. (b) Demolition materials must not be burnt or buried on the work site. (c) A person having the benefit of this certificate must ensure that all vehicles leaving the work site

carrying demolition materials have their loads covered and do not track soil or waste material onto the road.

(d) If demolition work obstruct or inconvenience pedestrians or vehicular traffic on an adjoining

public road or reserve, a separate application must be made to council to enclose the public place with a hoarding or fence.

(e) Erosion and sediment controls must be provided in accordance with the details shown on the

approved plans, prior to the disturbance of any soil on the work site and must be maintained in a functional condition throughout the construction activities until the site is stabilised.

(f) The work site must be left free of waste and debris when work has been completed.

(Reason: To ensure that work is undertaken in a professional and responsible manner and to

protect adjoining property and persons from potential damage)

42. Erosion and Sediment Controls

The approved Sediment and Erosion controls shall be reinstated daily prior to workers leaving the site where modified at any time. Any sediment that escapes from the allotment must be cleaned, collected and disposed of at Council’s waste management facility or the sediment shall be returned to the subject allotment on a daily basis. (Reason: To ensure that erosion and sediment control measures are maintained to an

operational standard.)



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

43. Reinstatement

All redundant lay-backs and vehicular crossings shall be reinstated to conventional kerb and gutter, foot-paving or grassed verge as appropriate. All costs shall be borne by the applicant, and works shall be completed prior to the issue of a final Occupation Certificate. (Reason: To ensure that erosion and sediment control measures are maintained to an

operational standard.)

44. Occupation

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

45. Access for People with Disabilities

Provision shall be made for access to and within the building on the site for persons with a disability in accordance with the provisions of AS 1428 Part 1 prior to the issue of any Occupation Certificate. (Reason: To ensure there is adequate access for people with disabilities.)

46. Underground Petroleum Storage System (UPSS) - Certification

Prior to the issue of any Occupation Certificate, certification must be submitted to the Principal Certifying Authority that the Underground Petroleum Storage System (UPSS) was installed, tested (including Equipment Integrity Testing (EIT)) and commissioned by duly qualified persons in accordance with the UPSS regulations.

(Reason: To ensure the UPSS is operating in a way that does not cause pollution to the environment.)

47. UPSS – Groundwater Monitoring Wells

Prior to the issue of any Occupation Certificate, certification must be submitted to the Principal Certifying Authority that the groundwater monitoring wells have been designed, installed, certified and tested by a duly qualified and experienced consultant in accordance with UPSS regulation. Documents relating to the installation / monitoring of the ground water monitoring wells must be prepared, or reviewed and approved by an appropriately qualified and certified environmental consultant, and must be kept on site.

An appropriately qualified and certified environmental consultant must be certified by one of the following certification schemes:

• Site Contamination Practitioners Australia (SCPA) scheme • Environment Institute of Australia and New Zealand’s (EIANZ) Contaminated Land

Assessment Specialist Certified Environmental Practitioner (CLA Specialist CEnvP) scheme

• Soil Science Australia (SSA) Certified Professional Soil Scientist Contaminated Site Assessment and Management (CPSS CSAM) certification.

The front cover of the report must include the details of the consultant’s certification. For a CLA Specialist CEnvP this involves affixing the CEnvP logo, for SCPA the certified practitioner is to affix their seal, and for a CPSS member with CSAM accreditation their personalised annual electronic seal must be included.



The groundwater monitoring wells must be:

• Sealed to exclude surface water; • Properly installed to target the hydrocarbon contamination of concern; • Constructed to prevent cross-contamination with other groundwater monitoring wells; • Clearly marked to indicate their presence and properly secured; and • Tested for hydrocarbon contamination at minimum intervals of six months.

(Reason: To ensure an appropriate monitoring system is in place for the UPSS.)

48. Storage of Hazardous or Toxic Material

To ensure hazardous and toxic materials are not a threat to the environment they must be stored in accordance with WorkCover Authority requirements. All tanks, drums and containers of toxic and hazardous materials shall be stored in a bunded area. The bund walls and floors shall be constructed of impervious materials and shall be of sufficient size to contain 110% of the volume of the largest tank plus the volume displaced by any additional tanks within the bonded area. Certification of compliance with this requirement shall be obtained prior to the issuing of any Occupation Certificate. (Reason: To ensure measures are in place to protect the environment and public health.)

49. Mechanical Exhaust Ventilation The mechanical exhaust system shall be installed in accordance with AS1668, and be operated in such a way so as to minimise/prevent the creation of odours, fumes and excessive noise which may adversely affect the amenity, or interfere unreasonably with the comfort or repose of occupants of the building and adjoining premises. Certification, from an appropriately qualified and practising Mechanical Engineer, is to be submitted to the Principal Certifying Authority, detailing that the exhaust ventilation system has been installed in accordance with AS1668, prior to completion and the issue of any Occupation Certificate. (Reason: To ensure the mechanical exhaust system does not impact on the air quality of the

building and adjoining premises.)

50. Disposal Information Upon completion of works and prior to occupation, the person entitled to act on this consent shall provide to Council the following information; a) the total tonnage of all waste and excavated material disposed of from the site;

b) the disposal points and methods used; and

c) a copy of all disposal receipts are to be provided

(Reason: To ensure appropriate disposal of the waste produced by the demolition and

construction works. )

51. Validation and Remediation If the supplementary site contamination report required in Condition 5(e) identify residual contamination a validation and site monitoring report prepared in accordance with relevant guidelines issued under the Contaminated Land Management Act 1997 must be submitted to the Principal Certifying Authority and Council within one month from completion of the remediation work, and prior to the issuing of any Occupation Certificate.

A detailed survey of all sites used for landfill disposal must be prepared within one month from completion of the remediation work, and submitted to Council. The plan must identify the extent and depth of all fill material in relation to existing roadways and buildings. The survey must also include a



detailed survey of all sites used as landfill disposal pits, identifying boundaries and depth of disposal pits in relation to existing roadways and buildings. (Reason: To ensure the site has been adequately remediated in the advent of residual

contamination.)

52. Certification – Civil Works

(a) An appropriately qualified and practising Civil Engineer shall certify to the Principal Certifying Authority that all stormwater drainage infrastructure has been constructed in accordance with this consent and the provisions of AS3500. The applicant shall, upon completion of the development works and prior to the issue of an Occupation Certificate, submit to Council a copy of the aforementioned letter of certification.

(b) An appropriately qualified and practicing Civil Engineer shall certify to the Principal Certifying

Authority that the vehicular crossings and associated works and all road works have been constructed in accordance with this consent. The applicant shall, upon completion of the development works and prior to the issue of an Occupation Certificate, submit to Council a copy of the aforementioned letter of certification.

(Reason: To ensure compliance with the conditions of consent)

53. Works as Executed Plans

Prior to the issue of any Occupation Certificate, the person acting on this consent shall submit to Council one set of hard copy and one set of electronic files in both Portable Document Format (.pdf) and in CAD Drawing (.dwg) format (MGA Zone 56 (GDA 94) co-ordinates to be used), works-as executed plans for the road and stormwater infrastructure.

Each sheet is to include a bar scale or scales adjacent to the title block showing the scale (the works as executed plan is to be scaled at 1:500) and each sheet is to be properly signed and dated by the person responsible for the carrying out of those works. Further, the works are to comply with Upper Hunter Shire Council’s Engineering Guidelines for Subdivision and Development. NOTE: The provision of a table on the works as executed plan which details: the distance from the centre of the downstream manhole to each sideline, house connection, and dead end; the depths to invert; and the length of such sidelines.

(Reason: So that Council may ensure that the construction is in accordance with Council's requirements, and so that a permanent record of the design as constructed may be held by Council, to assist in future maintenance, or for the information of the emergency services. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.)

54. Connection to Sewer

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

55. Driveways

Prior to the issue of any Occupation Certificate concrete driveways shall be constructed in accordance with the profiles on the approved plan.

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

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

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



56. Street Trees

Prior to the issue of any Occupation Certificate, all street trees/shrubs shall be planted within the road

reserve in accordance with the approved plans. (Reason: To minimise the impacts of headlight intrusion and provide appropriate privacy

screening to neighbouring properties).

57. Food Premises

Prior to the issuing of any Occupation Certificate, the food premises must:

a) be registered with Council's Environmental Health section accordance with the Food Safety Standards, prior to commencement of food business operations.

b) be inspected by Council’s Environmental Health Officer to ascertain compliance with relevant Food Safety Standards.

c) Appoint a Food Business and Food Safety Supervisor who shall be notified to Council’s Environmental Health Officer.

(Reason: To ensure the food premises are constructed and operated to relevant Food Safety

Standards.)

58. Waste and Recycling Facilities

Prior to the issues of any Occupation Certificate an appropriate area shall be provided within the premises for the storage of general waste bins and recycling containers and all waste and recyclable material generated by this premises. The following requirements shall be met:

a) all internal walls of the storage area shall be rendered to a smooth surface, coved at the floor/wall intersection, graded and appropriately drained with a tap in close proximity to facilitate cleaning;

b) include provision for the separation and storage in appropriate categories of material suitable

for recycling;

c) the storage area shall be adequately screened from the street and located behind the building line;

d) all waste is to be removed weekly from the site by a contractor and disposed of at a site

approved for such purposes

(Reason: To ensure appropriate measures are in place for the storage of waste and recycle materials.)

59. Noise Emissions

All sound producing plant, equipment, machinery, fittings, ducting, refrigeration systems associated with the development, shall be sound insulated and/or isolated so that the noise emitted does not exceed 5dB(A) above the background level in any octave band from 63.0 HZ centre frequencies inclusive, and not more than 5 dB(A) above the background level (LA90) during the day when measured at the nearest affected residence. For assessment purposes, the above LAeq sound levels are to be adjusted in accordance with EPA guidelines for tonality, frequency weighting, and impulsive characteristics where necessary, at any time the plant is in operation, at the boundary of the site. Note: The method of measurement of sound shall be carried out in accordance with Australian

Standard 1055.1 - 1989.



A report and certification prepared by an appropriately qualified or accredited person shall be submitted to the Principal Certifying Authority demonstrating compliance with this condition prior to the issuing of an Occupation Certificate. (Reason: To ensure that noise generated from the development does not result in offensive

noise to any other party)

60. Allocation of Parking Areas

All required parking areas, loading bays, driveways, internal access ways, vehicular ramps and turning areas shall fully constructed, sealed, line marked, sign posted, numbered and in accordance with the consent prior to the release of any Occupation Certificate

(Reason: To car parking and movement areas are adequately designated.)

61. Certification of Lighting

Prior to the issue of any Occupation Certificate the person acting on this consent shall provide certification to the Certifying Authority that the external lighting is compliant with AS4282 – Control of the obtrusive effects of outdoor lighting.

(Reason: To ensure the development does not cause light pollution.)

Conditions that must be complied with at all times:

62. Hours of Operation

At all times the service station shall be open for business only between the following hours:- Operating hours: The Service Station may be open for business on a

24 hour basis

(Reason: To allow 24 hour operation)

63. Noise Levels

The premises must comply with following noise limits as specified in Table 3-1 Amenity Criteria in the Wilkinson Murray Noise Impact Assessment, dated April 2017 at the most affected point on or within the residential property boundary.

Day Laeq, period dBA

Evening Laeq, period dBA

Night (Laeq, period dBA

55

50 45

Interpretation:

(a) For the purposes of the interpretation of noise levels detailed in the consent, refer to

the following:

Definition Day the period from 7am to 6pm Monday to

Saturday and 8am to 6pm Sundays and Public Holidays

Evening the period from 6pm to 10pm Night the period from 10pm to 7am Monday to

Saturday and 10pm to 8am Sundays and Public Holidays



(b) Noise generated by the development must be measured in accordance with the

relevant requirements of the NSW Industrial Noise Policy (as may be updated from time to time) or an equivalent NSW Government noise policy, and as amended by the details below:

(Reason: To ensure the acoustic amenity of surrounding properties.)

64. Deliveries

Deliveries must be restricted to following hours:

Fuel and Liquid Petroleum Gas deliveries

7:00am to 6:00pm daily

All other deliveries

7:00am to 10:00pm daily


65. Waste and Recycle Collection

At all times waste and recyclable collection shall only take place between the hours of 7:00am to 6:00pm daily.


66. Air Conditioning and Refrigeration Plant

Any air conditioning plant and refrigeration plant is to be located at ground level on the northern or western side of the shop building.


67. Trade Waste

At all times the trade waste water shall be disposed of in accordance with the requirements of the trade waste agreement between the Owner/operator and Upper Hunter Shire Council. (Reason: To ensure compliance with Upper Hunter Shire Council’s requirements and to protect

the environment.)

68. Obstruction of Parking Areas

No parking spaces, loadings bays or vehicular access ways or access thereto shall be restricted, constrained or enclosed by any form of structure such as fencing, or the like, without prior consent from Council. (Reason: To ensure allocated vehicle parking spaces are available for use.)

69. Loading within site

At all times all loading and unloading operations shall be carried out wholly within the confines of the site and within approved loading areas. (Reason: To ensure that deliveries can occur safely within the site and does not adversely

affect traffic or pedestrian amenity.)



70. Food Premises

The food premises shall at all times comply with the requirements of the Food Act 2003, the Food Standards Code and Australian Standard 4674 - 2004 Design, construction and fit-out of food premises.

(Reason: To maintain public health and safety.)

71. Stormwater

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

(a) the kerb and gutter (piped). If concrete footpath exists; pipework is to be under bored to the kerb & gutter.

(Reason: To ensure suitable disposal of stormwater.)

72. Vehicle Ingress Signs

Appropriate signage must be provided and maintained within the site at the point of vehicular ingress for trucks.

(Reason: To maintain site safety.)

73. Illumination Intensity

At all times the level of illumination and/or lighting intensity used to illuminate the signage is to be minimised to ensure that excessive light spill or nuisance is not caused to any nearby premises.

(Reason: To ensure appropriate forms of signage that are consistent with Council’s controls

and those that are desired for the locality, and do not interfere with amenity of nearby properties.)

74. Landscaping

At all times the landscaped area of the development is to be maintained at all times in accordance with the approved landscape plan.

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

75. UPSS – Legislative requirements.

The installation and operation of the Underground Petroleum Storage System (UPSS) shall comply with the provisions of the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008 – the UPSS Regulation. Verification of compliance shall be issued to council prior to commissioning that is prepared and certified by the installer/appropriately qualified person. (Reason: Statutory requirement.)

76. UPSS – Environmental Protection Plan

The Site must have an Environment Protection Plan (EPP) that includes (as a minimum) the following matters (as specified in Clause 19 of the UPSS Regulation):

• Specific information about the storage system, including identifying the 'person responsible' for the system;

• A loss monitoring procedure; • An incident management procedure; • Details about system maintenance; • Current 'as built' drawings for the system; • A plan of the storage site. The plan must also include information on site drainage and services;



• A copy of industry standards that have been followed in constructing and maintaining the UPSS; and

• A copy of the specifications of the UPSS. The EPP must be held either electronically or in hardcopy form, either as a dedicated document or as part of other site management procedures. A copy of all records relating to the plan shall be kept on site and is to be available to the Council or relevant authority when requested. (Reason: Statutory requirement.)

77. UPSS – Wastewater removal

Wastewater generated in the undercover refuelling forecourt shall not be discharged to Council’s sewerage system. Waste waters shall be collected and appropriately stored for removal by an EPA licensed contractor and disposed of at an appropriate facility.

(Reason: To ensure the development does not cause pollution to the environment.)

78. Flammable Liquids – storage and handling

The storage and handling of all flammable and combustible liquids must be carried out in accordance with Australian Standards AS 1940-2004.

(Reason: To ensure the service centre operates in a safe manner.) 79. No Truck Rest Area

The premises shall not be used as a truck rest area or for the overnight parking of heavy vehicles.

(Reason: To ensure the acoustic amenity of surrounding properties) 80. Vehicle Refrigeration Plant - signage

Signs shall be erected on the site to direct drivers to turn off refrigeration units on vehicles parked on the premises between the hours of 10pm and 7am.

(Reason: To ensure the acoustic amenity of surrounding properties) 81. Parking Signage

Prior to the issue of any Occupation Certificate, all approved parking signs shall be installed on public roads.

(Reason: To minimise traffic and noise impacts on surrounding properties)

NSW Roads and Maritime Services Conditions: 82. Intersection

The guardrail on the southern side of the New England Highway (Mayne Street) opposite the site shall be relocated from the pavement to the roadside to allow the western access to act as a Basic Right (BAR) turn. A Works Authorisation Deed (WAD) will be required for these works as the pavement shall be repaired and the guardrail replaced / reinstated. All works required under the WAD shall be completed prior to the issue of a construction certificate for the proposed service centre.

All road works under the WAD shall be completed prior to issuing any Construction Certificate

(interim or final) for the proposed development. All works associated with the subject development shall be undertaken at full cost to the

developer and at no cost to Roads and Maritime or Council, and to Council’s requirements.



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




SCR.06.2 INFRASTRUCTURE SERVICES COMMITTEE


AUTHOR: Steve Pryor - Director Operations

RECOMMENDATION

That Council: 1. Endorse the minutes of the Infrastructure Services Committee meeting held on13 June

2017. 2. a) Replace the septic system and reopen the toilet block at Blandford.

b) Continue to work with the RMS to find a solution on a toilet facility at the RMS truck stop on the New England Highway at the southern end of Murrurundi.

c) Advise the public whom provided submissions of the outcome. 3. a) Apply to the Environmental Protection Authority (EPA) for change in operation of

the Merriwa Landfill facility to a transfer station operation. b) Review the operations and operating hours of the Merriwa Landfill in accordance

with utilisation data. 4. a) Leave the funding programmed in the draft DPOP 2017/18 of $100,000 for Oxford

Road upgrade works. b) Fund the second stage of the project through the next R2R program. c) Inform the residents of Oxford Road of Council’s decision.

5. Amend the draft 2017/18 DPOP to include the upgrade works to a value of $100,000. 6. Adopt the revised Upper Hunter Shire Council Swimming Pool Management Plan. 7. Adopt the revised Policy - Water Supply – Connections to Rural Properties. 8. Adopt the new Other Infrastructure Asset Management Plan.

BACKGROUND The Infrastructure Services Committee provides policy and direction, along with an update on the planned program for roads, bridges, water and sewerage work, parks, building and waste management. REPORT/PROPOSAL

ISC.06.4 PUBLIC FEEDBACK - FUTURE OF TOILET FACILITIES AT NORVILL PARK -

BLANDFORD Council resolved at the March 2017 Infrastructure Services Committee Meeting to seek public comment on the proposal to close the old Blandford public toilet facilities at Norvill Memorial Park, Blandford. Public submission on the future of the Blandford toilet facility were sort and closed on Friday 28 April 2017. There were 46 submissions received with 44 against the closure of the Blandford toilet facility and 2 supporting the closure.




ISC.06.5 MERRIWA LANDFILL MANAGEMENT The contract for the “Maintenance and Operation of Merriwa Waste Disposal Depot” commenced in 2002, with the former Merriwa Shire Council. The contractor has now ceased contract arrangements and Council waste staff are servicing the depot. In 2015 Council adopted an “Integrated Waste Management Strategy which recommended the “closure of the Merriwa Landfill and conversion to a transfer station”. Environmental Protection Authority (EPA) audit conducted in December 2016 and also recommended that this change in operations be undertaken. This is an opportune time to review operational procedures in the Merriwa area to ensure value for money whilst maintaining customer service levels. ISC.06.6 UPDATE ON MAINTENANCE AND CAPITAL UPGRADE OF OXFORD ROAD

SCONE The Draft DPOP 2017/18 has identified the commencement of the Oxford Road from Liverpool to Birrell Street, Scone upgrade with the kerb and gutter replacement, stormwater upgrade and initial shoulder seal. These works can be delivered in two stages, western side and eastern side of the road. Total estimate of the works outlined above is $370,000, however the DPOP 2017/18 has only $100,000 in both 2017/18 and 2018/19. Funding for the second stage of the project is proposed to be funded through the next R2R program. ISC.06.7 UPDATE OF THE MUFFETT STREET AND SHERWOOD AVE INTERSECTION

WORKS Council's Strategic Assets Team have prepared a detailed design of two proposed options to improve the storm water management and kerb and gutter at the intersection, an estimate of these proposed options have been prepared by the Works Delivery Team. The Water team have investigated the issues of ongoing water ponding at the intersection and believe that it is coming from the water mains, however, this has been a difficult task to location the exact location of the leak. These works have commenced and are expected to be completed before 30 June 2017. The preferred option to fix this works is a 12m long by 5m wide concrete causeway across Sherwood Ave replacing the current 0.6m wide dish drain. This option is estimated to cost $100,000, other options are estimated to cost $159,000 and $354,000. The current draft DPOP 2017/18 has budgeted $45,000 in 2018/19 for the works subject to a detailed design. The proposal is to bring forward this work to 2017/18.




ISC.06.8 UPPER HUNTER SHIRE COUNCIL SWIMMING POOL MANAGEMENT PLAN 2017

A revised Management Plan applying to all swimming pools under the control of Upper Hunter Shire Council has been developed in line with the proposed new tender. A copy of the Plan will be available from:

UHSC swimming pools during the open season. UHSC Customer Service Office Available for download from www.upperhunter.nsw.gov.au

ISC.06.9 COUNCIL POLICIES - WATER SUPPLY - CONNECTIONS TO RURAL

PROPERTIES This policy has been reviewed and updated as indicated by the tracked changes in the attached document. Minor changes were made to the title of policy, along with clearer details and definitions. ISC.06.12 OTHER INFRASTRUCTURE ASSET MANAGEMENT PLAN The new draft Other Infrastructure Asset Management Plan have been prepared and is provided under separate cover. This draft AMP has been arranged generally in accordance with the National Asset Management System (NAMS) Template in that they retain the traditional AMP structure and text, however have been tailored to be more specific to Upper Hunter Shire Council. Key information that needs to be updated on an annual basis such as asset valuation, performance information and financial forecasts are located in a new section at the back of the document before the appendices. The Other Infrastructure Asset Management Plan covers:

Swimming Pools Aerodrome Saleyards

ATTACHMENTS

1 Infrastructure Services Committee - 13 June 2017 - Summary Minutes - attachments excluded

ATTACHMENT NO: 1 - INFRASTRUCTURE SERVICES COMMITTEE - 13 JUNE 2017 - SUMMARY MINUTES - ATTACHMENTS EXCLUDED

ITEM NO: SCR.06.2


MINUTES OF THE INFRASTRUCTURE SERVICES COMMITTEE TUESDAY 13 JUNE 2017 - 1.00pm

PRESENT: Cr Wayne Bedggood, Cr James Burns, Cr Maurice Collison, Cr Ron Campbell and Cr Lorna Driscoll. APOLOGIES: Nil IN ATTENDANCE: Cr Kiwa Fisher, Mr Alan Fletcher (Manager Special Projects), Steve Pryor (Director Operations), Mr Nick Havyatt (Manager Works Delivery), Mr Jeff Bush (Manager Strategic Assets), Ms Nilakshi Fernando (Acting Manager Water Waste), Mrs Coleen Brown (Solid Waste Coordinator), Mrs Belinda Olteanu (Infrastructure Support Officer) and Mr Aaron Dinham (Works Delivery Officer – Merriwa). DECLARATIONS OF INTEREST: Nil

ISC.06.1 WORKS PROGRAM - INFRASTRUCTURE SERVICES - WATER & WASTE

RESPONSIBLE OFFICER: Steve Pryor - Director Operations

AUTHOR: Nilakshi Fernando - Engineer Water & Sewer Treatment

RESOLVED that the Committee receive the report and note the information.

Moved: M Collison Seconded: J Burns CARRIED

ISC.06.2 WORKS PROGRAM - INFRASTRUCTURE SERVICES


AUTHOR: Nicholas Havyatt - Manager Works Delivery


Moved: J Burns Seconded: L Driscoll CARRIED

ISC.06.3 CAPITAL WORKS UPDATE




Moved: M Collison Seconded: J Burns CARRIED


ITEM NO: SCR.06.2


ISC.06.4 PUBLIC FEEDBACK - FUTURE OF TOILET FACILITIES AT NORVILL PARK - BLANDFORD



RECOMMENDATION TO COUNCIL: That Council:

1. Replace the septic system and reopen the toilet block at Blandford. 2. Continue to work with the RMS to find a solution on a toilet facility at the RMS truck

stop on the New England Highway at the southern end of Murrurundi. 3. Advise the public whom provided submissions of the outcome.

Moved: M Collison Seconded: L Driscoll CARRIED

ISC.06.5 MERRIWA LANDFILL MANAGEMENT


AUTHOR: Coleen Brown - Solid Waste Coordinator

RECOMMENDATION TO COUNCIL:

That Council: 1. Apply to the Environmental Protection Authority (EPA) for change in operation of the

Merriwa Landfill facility to a transfer station operation. 2. Review the operations and operating hours of the Merriwa Landfill in accordance with

utilisation data.

Moved: J Burns Seconded: L Driscoll CARRIED

ISC.06.6 UPDATE ON MAINTENANCE AND CAPITAL UPGRADE OF OXFORD ROAD SCONE



RECOMMENDATION TO COUNCIL: That Council: 1. Leave the funding programmed in the draft Delivery Program & Operational Plan

2017/18 of $100,000 for Oxford Road upgrade works. 2. Fund the second stage of the project through the next R2R program. 3. Inform the residents of Oxford Road of Council’s decision.

Moved: M Collison Seconded: L Driscoll CARRIED It is noted that Cr Campbell voted against the resolution


ITEM NO: SCR.06.2


ISC.06.7 UPDATE OF THE MUFFETT STREET AND SHERWOOD AVE INTERSECTION WORKS



RECOMMENDATION TO COUNCIL: That Council amend the draft 2017/18 DPOP to include the upgrade works to a value of $100,000.


ISC.06.8 UPPER HUNTER SHIRE COUNCIL SWIMMING POOL MANAGEMENT PLAN 2017



RESOLVED that the Committee receive the report.

Moved: L Driscoll Seconded: J Burns CARRIED RECOMMENDATION TO COUNCIL: That Council adopt the revised Upper Hunter Shire Council Swimming Pool Management Plan

Moved: L Driscoll Seconded: J Burns CARRIED

ISC.06.9 COUNCIL POLICIES - WATER SUPPLY - CONNECTIONS TO RURAL PROPERTIES


AUTHOR: Nilakshi Fernando - Engineer Water & Sewer Treatment

RECOMMENDATION TO COUNCIL: That Council adopt the policy, Water Supply – Connections to Rural Properties.

Moved: J Burns Seconded: R Campbell CARRIED

ISC.06.10 UPDATE ON MOONAN CUTTING PROJECT MAY 2017

RESPONSIBLE OFFICER: Alan Fletcher - Special Projects Manager

AUTHOR: Chris Agosto - Project Manager




ITEM NO: SCR.06.2


ISC.06.11 SPECIAL PROJECTS UPDATE - JUNE 2017


AUTHOR: Chris Agosto - Project Manager



ISC.06.12 OTHER INFRASTRUCTURE ASSET MANAGEMENT PLAN


AUTHOR: Jeff Bush - Manager Strategic Assets

RESOLVED that the Committee receive the report.

Moved: L Driscoll Seconded: J Burns CARRIED RECOMMENDATION TO COUNCIL: That Council Adopt the new Other Infrastructure Asset Management Plan

Moved: L Driscoll Seconded: J Burns CARRIED

COUNCILLOR QUESTIONS Cr Collison

Asked for an update on the maintenance of both the cattle grids on Stewarts Brook Road. Manager Works Delivery to provide update. There is still the problem of water over Hunter Road in wet times – is it possible to have the shoulders graded? Manager Works Delivery will look into having road maintenance done on this section of road. Cr Fisher

Asked that maintenance be carried out to the access road at Jefferson Park Aberdeen regarding the pot holes and the depression prior to the commencement of the Highland Games on the first weekend in July. Manager Works Delivery to arrange. Cr Driscoll

Enquired as to the progress with the kerb and gutter in Moray Street Aberdeen? Works Supervisor has met with some residents to discuss proposed gutter bridge locations. Cr Campbell

Asked could the sign be replaced on Forest Reserve Road, Merriwa. Manager Works Delivery to arrange. Could the patching truck have a look at Satur road pot holes after the recent rain. Manager Works Delivery to arrange.


ITEM NO: SCR.06.2


Cr Watts via Director Operations

Is there a possibility for lights to be installed at the pedestrian rail crossing in Kingdon Street Scone? Manager Works Delivery to contact ARTC. Cr Fisher

Asked if Councillor Questions were lodged as CRMs? Usually if relating to a direct request.

THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 2.35PM




SCR.06.3 FINANCE COMMITTEE


AUTHOR: Lisa Casey - Governance & Executive Support Officer

RECOMMENDATION

That Council: 1. endorse the minutes of the Finance Committee meeting held on 24 May 2017 2. adopt the new policy, ‘Related Party Disclosure’ 3. a) make the Miscellaneous Fees and Charges in accordance with Part 3 Section

3.1.13 of the Statement of Revenue Policy and as exhibited as Part 5 in the draft Delivery Program & Operational Plan with minor amendments

b) adopt the Delivery Program & Operational Plan 2017/18 – 2020/21 following consideration of submissions

c) vote the budget allocations for the 2017/18 year d) advise all persons of the outcome of their submissions in the draft process and

thank them for their contribution.

BACKGROUND The Finance Committee meets prior to each monthly Council Meeting to consider the Financial Summary Reports, the Cash and Investment Report, and the Responsible Accounting Officer’s Statement. REPORT/PROPOSAL A meeting of the Finance Committee was held on Wednesday, 21 June 2017. The minutes from the meeting are attached. Council is required under new accounting standards to have a policy on related party disclosures. The policy needs to be in place by 30 June 2017. ATTACHMENTS

1 Finance Committee - 21 June 2017 - Summary Minutes - attachments excluded

ATTACHMENT NO: 1 - FINANCE COMMITTEE - 21 JUNE 2017 - SUMMARY MINUTES - ATTACHMENTS EXCLUDED

ITEM NO: SCR.06.3


MINUTES OF THE FINANCE COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON WEDNESDAY 21 JUNE 2017 IN THE COMMITTEE ROOM COMMENCING AT 8.30am

PRESENT: Cr Kiwa Fisher (chair) and Cr Ron Campbell. APOLOGIES: Cr Wayne Bedggood, Cr Josh Brown, Cr James Burns and Cr Maurice Collison

Moved: Cr K Fisher Seconded: Cr R Campbell CARRIED IN ATTENDANCE: Mr Steve Pryor (Director Operations), Mr Wayne Phelps (Manager Finance) and Miss Lisa Casey (Governance Support Officer) DECLARATIONS OF INTEREST: Nil

FCR.06.1 FINANCIAL SUMMARY & INVESTMENT REPORT


AUTHOR: Wayne Phelps - Manager Finance

RESOLVED that the Committee:

1. Note the Fund and Function Summary Report; 2. Note the Cash and Investment Report; 3. Note the Responsible Officer’s Statement.

Moved: Cr K Fisher Seconded: Cr R Campbell CARRIED

FCR.06.2 OPERATIONAL REPORT




1. Note the comments on the budget review by the managers/budget holders; 2. Note the requested variations as detailed in the budget review; 3. Note the Capital Budget Review by the managers/budget holders; 4. Note the comments on the Capital Budget Review by the managers/budget holders.



ITEM NO: SCR.06.3


FCR.06.3 CONTRACTORS & EXPENSES REPORT




1. Note the Contractors Listing for the period; 2. Note the Consultancy and Legal Expenses report for the period.


FCR.06.4 DONATIONS SUMMARY



RESOLVED that the Committee note the Year to Date Donations summary for 2016/17.

Moved: Cr R Campbell Seconded: Cr K Fisher CARRIED

FCR.06.5 POLICY - RELATED PARTY DISCLOSURE


AUTHOR: Robyn Cox - Executive Assistant

RESOLVED that Council adopt the new policy, ‘Governance – Policy – Related Party Disclosure’.


FCR.06.6 AMENDMENTS TO THE DRAFT DELIVERY PROGRAM AND OPERATIONAL PLAN


AUTHOR: Melinda Curtis - Corporate Planner

RECOMMENDED that Council:

a) make the Miscellaneous Fees and Charges in accordance with Part 3 Section 3.1.13 of the Statement of Revenue Policy and as exhibited as Part 5 in the draft delivery Program & Operational Plan with minor amendments

b) adopt the Delivery Program & Operational Plan 2017/18 – 2020/21 following consideration of submissions

c) vote the budget allocations for the 2017/18 year

d) advise all persons of the outcome of their submissions in the draft process and thank them for their contribution.



ITEM NO: SCR.06.3


FCR.06.7 RESPONSES TO PREVIOUS QUESTIONS



The following questions were raised throughout the meeting on 24 May 2017 and either answered or taken on notice: FCR.05.1 FINANCIAL SUMMARY & INVESTMENT REPORT

Cr Bedggood requested a complete listing of restricted assets.

Response: All Restricted Assets details included in Finance Report. Updated definitions have been provided to all Councillors under separate cover. (Refer to pages 24-30 of the Agenda)

FCR.05.2 OPERATIONS REPORT

Economic Promotions

Cr Fisher asked for regular updates on successful and unsuccessful grant applications as well as a listing of what grants opportunities are closing soon.

Response: Regular updates will be provided.

Cr Brown requested an update be provided to Councillors on the progress of the Merriwa town entry signage.

Response: An update will be sought from Merriwa Tourism and Promotion Committee who are heavily involved in the project. Councillors will be advised of the progress.

Council Services

Cr Fisher asked if Council could reconsider whether it is still beneficial having a delegate participate in the Mining Related Council.

Response: Director Operations noted that this should be discussed between Councillors for a Council decision and included in the Delivery Program and Operational Plan before adopting the final version at the June Council meeting.

Cr Brown asked if the committee could be provided with a list detailing all contributions made to community organisations for the current year as well as those proposed for the 2017/2018 financial year.

Response: Director Operations confirmed he could provide a list for Councillors to review. This will be provided under separate cover.

Footpaths

Cr Fisher requested the temporary orange mesh fencing be removed from the edge of the new asphalt footpath at the intersection of Flemington Drive and Bunnan Road Scone.

Response: Installation of a safety rail has been programmed. Temporary orange mesh fencing will be removed when this is completed.


ITEM NO: SCR.06.3


The following questions were raised throughout the meeting on 21 June 2017 and either answered or taken on notice: FCR.06.1 FINANCIAL SUMMARY & INVESTMENT REPORT Cr Campbell asked if Council has commenced the recruitment process for Manager Water & Waste.

Response: Recruitment will commence shortly upon review of reporting lines within the Water & Waste Department.

Cr Campbell enquired when the upgrade works are due for completion at Ringwood Road.

Response: Director Operations advised the completion date is not yet known. Cr Fisher requested that Council further investigate options for 3D modeling of the Scone Overpass project

Response: Manager Finance noted Council had received a quote for 3D printing however this had not yet been accepted.

Cr Fisher asked when Councillors would be receiving the complete list of Council owned properties.

Response: Council’s GIS officer is currently working on this, compiling multiple sets of data (including crown land). It is anticipated that this project will be completed within the next month.

FCR.06.2 OPERATIONS REPORT

Community Centres & Halls

Cr Campbell identified the deteriorating condition of Settlement Hall in Merriwa. Response: Council can investigate and plan the maintenance work required after 1 July 2017. A Community Building Grant opportunity is currently open which could be beneficial for projects such as this.

Footpaths

Cr Campbell asked if the footpath would still be installed along Moobi Road, Scone. If the path is to be installed, where would the path end?

Response:

This project is included in the Delivery Program 2017/2018-2020/2021 and would end at Kookaburra Street.

FCR.06.4. DONATIONS

Cr Fisher requested an update on the donations budget. Response:

Director Operations confirmed he would provide a summary to all Councillors at the next Council Meeting.


ITEM NO: SCR.06.3


FCR.06.4. QUESTIONS Cr Fisher asked if Council could reconsider whether it is still beneficial having a delegate participate in the Mining Related Council.

Response: Director Operations noted that membership could be reconsidered by Councillors. The funds allocation could be removed from the Draft Delivery Program 207/2018-2020/2021 at the June Council Meeting.

THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 11.10AM


General Manager's Unit


COMMITTEE/DELEGATES REPORTS

C.06.1 SCONE REVITALISATION COMMITTEE


AUTHOR: Sean Constable - Manager Business Enterprise & Tourism

RECOMMENDATION That Council:

1. Endorse the minutes of the Scone Town Revitalisation Committee meeting held on 2 May 2017; and

2. Note the minutes of the Scone Town Revitalisation Committee meeting held on 7 June 2017.

BACKGROUND The Scone Town Revitalisation Committee was established in February 2017. The committee’s purpose and objective is to provide advice and recommendations to Council on the implementation of the master plan to upgrade Scone CBD and surrounds, as adopted by Council on 27 June 2016 REPORT/PROPOSAL The priority project for the Scone Revitalisation Committee is the detailed design of the CBD master plan, including Liverpool, Main and Guernsey Streets. The scope of works for the design tender should now be undertaken as a matter of urgency. The committee is supportive of the purchase of 133 Kelly St Scone and the proposed uses for the land – thoroughfare, public toilets and retail space. The committee recognizes that Council has increased the Shop Front Grant Scheme from $500 to $1,000 per shop, however they do not believe that this will be incentive enough to encourage investment in the shop fronts and the recommendation within the master plan report to increase it to $3,000 should have been supported. Accessibility to shops, car parks and footpaths is also something that needs to be addressed. Council should provide some direction for business owners in terms of colour schemes, canvas awnings and access to ensure some consistency throughout the CBD.

ATTACHMENTS

1 Town Revitalisation Committee - Scone - 7 June 2017 - Minutes

ATTACHMENT NO: 1 - TOWN REVITALISATION COMMITTEE - SCONE - 7 JUNE 2017 - MINUTES

ITEM NO: C.06.1


MINUTES OF THE TOWN REVITALISATION COMMITTEE - SCONE MEETING - WEDNESDAY 7 JUNE 2017 - 6.00pm

PRESENT: Cr J Burns (Chair), S Davis, P Allen, J Dawson, K Parkinson, A Frame, M Burke, S Guihot, G Gilkeson, A Firth

IN ATTENDANCE: S Constable, W Parkinson

1. APOLOGIES

RECOMMENDATION

That the apologies received from J Fernandes and P Boniface be accepted. Moved: S Guihot Seconded: K Parkinson CARRIED 2. DISCLOSURE OF INTEREST Nil 3. PREVIOUS MINUTES RECOMMENDATION

That the minutes of the Town Revitalisation Committee - Scone Meeting held on 2 May 2017, as circulated, be taken as read and confirmed as a correct record. Moved: S Guihot Seconded: J Dawson CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES 5. AGENDA ITEMS

5.1 Improvements to Elizabeth Park Council has committed to fencing the children’s play area as a minimum. 5.2 Street Furniture annual licence fee Council endorsed the waving of the annual fee for 2017/18 if the Upper Hunter Country branding is used. Council will make available stickers of the brand for use by participating businesses. Application of the stickers will be trialled. The preference is for businesses to Incorporate the branding into furniture such as umbrellas, awnings and tables. 5.3 Shop Front Grant Scheme Council has endorsed the increase in grant from $500 to $1,000 effective immediately. This has been included in a media release. The committee does not believe that the $1,000 is incentive enough for businesses to invest in improvements to their shops, which is why the previous scheme was undersubscribed.


ITEM NO: C.06.1


Council needs to look at how it provides access within the CBD for the elderly and infirm and access to and from car parks and footpaths (this is considered within the new Disability Inclusion Action Plan). The DIAP is on display at present and all are encouraged to read it and make comment. Council needs to prioritise projects that have a high impact or potential litigation cost if not improved. Council should provide some direction as to what colours are acceptable for shop fronts, in line with the palette that is provided in the master plan. 5.4 Shop canvas awnings Acey Firth undertook some investigations of other towns to report back to the committee. She has determined that it is difficult to provide one consistent direction for shop awnings other than with size and drop down length. Could provide a range of colour options and styles for owners for when they are replacing the awnings. Improved street scapes will hide many of the issues of inconsistency with awnings. Possible providing some direction in relation to “what not to do” in terms of canvas awnings will eliminate some of the future problems. 5.5 Scone CBD Detailed Design Scope of Works Alan Fletcher has been appointed to the role of Manager Special Projects. His team will be responsible for implementing many of the major projects Council has been successful in gaining grant funding for. The team will also be involved in the implementation of the town master plans. When the Scone bypass is completed, Kelly St will either be declassified to a local road or reclassified as a regional road. There are currently many issues with Kelly St, including failing pavement and stormwater drainage. These need to be rectified prior to the handover of Kelly St as maintenance will then be the responsibility of Council. The Scone master plan shows many changes to the Kelly Street. Change costs money and will need to be prioritised. A detailed design is required to incorporate all issues within the design. The scope of works should include (but not be limited to) the following:

Parking plan Footpath design Street plantings Hard furniture Intersection treatments Liverpool, Guernsey and Main Streets as well Stormwater management Off-street parking

A previous landscaping plan for part of Kelly Street (James Mather Delaney Design, November 2010) was distributed. This plan was commissioned once RMS determined to install traffic lights at Liverpool St. Much of the recommendations from this report have been implemented or commenced.


ITEM NO: C.06.1


5.6 Priorities Council endorsed the priority list as provided by the committee. The priorities are the detailed design of the CBD and a branding strategy for Scone that builds on its fame as the ‘Horse Capital of Australia’. 5.7 133 Kelly Street Council purchased the shop in May. The intention is to provide a thoroughfare to Farram Lane, public toilets (accessible and baby change) and a small retail space. Some concept drawings were presented to the committee. This project has the support of the committee as it addresses issues raised within the Scone Master Plan. The building has significant termite damage which will require demolition of much of the roof structure. Council will seek a Heritage Impact Assessment before finalising plans and commencing the works.

6. ACTION SHEET

Attached

7. CORRESPONDENCE

Nil

8. GENERAL BUSINESS 8.1 Making Scone a Destination Need to look at supporting the RV and caravan traveller. It was noted that Scone is now an RV Friendly Town which means that there is a dump point (corner of Kingdon and Aberdeen St); short stay parking (Campbells Corner car park) and free overnight parking (Scone Sporties car park). This information is now included on the CMCA website. The overnight parking is becoming popular and people are also utilising the Golf Club. Need to look at how public toilets operate in town, at present they are locked at night to prevent misuse. This can be an issue for travellers looking for public restrooms. Unfortunately all Council public toilets need to be locked at night to prevent vandalism. This is the case with many Councils along the New England Highway. Some businesses provide alternatives to public toilets before and after these hours (McDonalds, hotels). 8.2 Civic Theatre Update Works has commenced on the exterior of the building. Scaffolding has now been installed around the front façade and adjacent side walls. This work will be completed as quickly as possible to minimise the impact on surrounding businesses and parking in Kelly St. 8.3 Vacant shops in Kelly St The Scone Chamber of Commerce is investigating some ways to fill some of the vacant shops, even on a temporary basis. This could include office sharing for smaller businesses or professional suites for those who may need a desk and printer on a less frequent basis. Some shop owners are supportive, but need some demand first to make it worthwhile.


ITEM NO: C.06.1


Council, with the Chamber of Commerce and other major industries has submitted a grant application for funds to assist with the production of a prospectus for Scone. This would highlight the opportunities, major projects and major industries. It would produce written material, videos and digital marketing material that can be used at expos, to give to potential investors and to have on websites to encourage people to move here to work or to invest in new businesses. 8.4 Banners The banners should support the ‘Horse Capital of Australia’ brand of Scone. Horse disciplines rather than breeds and studs should be used because most people would not be able to tell the difference between different breeds but they can tell the difference between show jumping, galloping, pony club, polo etc.

9. NEXT MEETING The next meeting of the Scone Revitalisation Committee will be held on Wednesday 5 July at 6.00pm. The meeting was declared closed at 8.20pm.

ATTACHMENT NO: 1 - TOWN REVITALISATION COMMITTEE - SCONE - 7 JUNE 2017 - MINUTES ITEM NO: C.06.1


SCONE TOWN REVITALISATION COMMITTEE JUNE 2017 ACTION SHEET

Item No

Action Responsible Officer Progress Completion due by

1 Send copy of Scone Master Plan report to committee members S Constable Completed 14 June 2017

2 Provide copy of shop front assistance scheme to committee members S Constable Completed 14 June 2017

3 Request Scone Chamber of Commerce to promote the shop front grant and meet with shop owners

S Guihot Completed 13 June 2017

4 Provide committee with revitalisation implementation budget for future years Cr J Burns 5 July 2017

5 Invite Jan Sinclair (Tourism and Events Coordinator) to present to the committee

S Constable Completed 14 June 2017

6 Prepare request for quote for detailed design of Scone Master Plan for review by committee

A Fletcher 5 July 2017

7

8



MINUTES OF THE SCONE TOWN REVITALISATION COMMITTEE MEETING - TUESDAY 2 MAY 2017 - 6.00pm

PRESENT: Cr J Burns (Chair), S Davis, J Dawson, M Burke, S Guihot, G Gilkeson, A Firth

IN ATTENDANCE: S Constable

10. APOLOGIES

RECOMMENDATION

That the apologies received from P Allen, K Parkinson, P Boniface and J Fernandes be accepted. Moved: M Burke Seconded: S Guihot CARRIED

11. DISCLOSURE OF INTEREST Nil 12. PREVIOUS MINUTES RECOMMENDATION

That the minutes of the Scone Town Revitalisation Committee meeting held on 4 April 2017, as circulated, be taken as read and confirmed as a correct record. Moved: G Gilkeson Seconded: J Dawson CARRIED 13. BUSINESS ARISING FROM PREVIOUS MINUTES 14. AGENDA ITEMS

5.1 Improvements to Elizabeth Park The committee provided the following list of works that need to be undertaken as a matter of urgency:

Repaint gazebo in a colour consistent with the master plan Clean barbecues and ensure they are regularly cleaned Toilets need to be more inviting or appealing, repainting (colour, plantings?) Replace benches and seats in line with the hard furniture plan when it is developed Fencing of the children’s play area to protect them from accessing Susan St Install bins in the toilets

5.2 Hard Furniture A style guide for hard furniture throughout the CBD should be included in the scope of the detailed design.



5.4 Maps and signs A touring map should be installed along Gundy Road that highlights the Segenhoe Valley and the number of tours that can be taken. This would need to complement the soon to be released Stud Tour App that will allow visitors to experience the Segenhoe Valley by car or bicycle. 5.5 Street Furniture Fees Given that Council has now endorsed the proposal to waive fees if the Upper Hunter Country branding is utilised, it is time to communicate this to the wider business community and also ensure that the style guide is easily accessible. Signs similar to what is used in Pokolbin would work. 5.6 Shop Front Grant Scheme Council has endorsed the increase in the maximum grant available. This needs to be communicated to the business community directly and also through Council’s communications team. 5.8 Free Wi-Fi This is to be deferred until more is known about the roll out of NBN in Scone and the impacts and opportunities this may provide. 5.9 Shop Awnings ACTION FOR COMMITTEE: Acey Firth is to provide the committee with some options for awning design and colours for the next meeting. 5.10 Further prioritisation of Actions The committee undertook a prioritisation of the balance of the actions within the master plan. Each section was reviewed separately, with the following outcomes.

Key Interventions 1 Prepare a detailed streetscape design including trees, furniture, intersections, lighting,

services Welcoming and Memorable

1 Create a branding strategy for Scone that builds on its fame as the ‘Horse Capital of Australia’

2 Encourage public art works throughout the town in strategic locations 3 Increase on public domain hard furniture using existing design palette.

Vibrant and Diverse 1 Provide a variety of seating options along Kelly St and in Elizabeth Park and St Aubins

Square 2 Encourage and support the restoration of the Civic Theatre

Comfortable, Attractive and Well Maintained 1 Develop a consolidated soft palette of plant species consistent with the detailed

streetscape design 2 Develop a detailed design concept for Kelly St

Safe, Convenient and Accessible 1 Ensure the final design for Kelly St accommodates a wide range of vehicle types (B99

design car) 2 Increase lighting levels in the town centre core with a mixture of light types

A Place With a Clear and Shared Vision 1 Prepare and adopt a street tree plan and hard furniture plan

As can be seen from the table above, the focus on developing a detailed street design for Kelly St and surrounds will incorporate a large number of the priorities identified.



RECOMMENDATION TO COUNCIL That Council endorse the priority action list as provided by the committee. That Council undertake the development of a detailed streetscape plan that incorporates the priority actions identified by the Scone Revitalisation Committee. Moved: J Dawson Seconded: G Gilkeson CARRIED

15. ACTION SHEET 16. CORRESPONDENCE Nil 17. GENERAL BUSINESS Nil 18. NEXT MEETING The next meeting of the Scone Revitalisation Committee is scheduled for Wednesday 7 June from 6.00pm. The meeting was declared closed at 8.00pm.


Infrastructure Services


C.06.2 WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE


AUTHOR: Alan Fletcher - Special Projects Manager


1. endorse the minutes of the White Park Management & Development Committee meeting held on 30 May 2017

2. note the minutes of the White Park Management & Development Committee meeting held on 20 June 2017 and

3. Adopt the White Park Management and Operational Plan.

BACKGROUND The White Park Management & Development Committee is a S355 Committee of Council. The Committee comprises representatives of the various users of the White Park facility. The aim of the Committee is to make recommendations to Council on the future development of White Park. The Scone Bypass has provided additional land which will create opportunities for improvements. Mara Consulting have been working with the Committee and have developed a Master Plan. The committee recommended that the draft Master Plan be adopted at the 20 June 2017 meeting. REPORT/PROPOSAL The committee meets to discuss matters to assist in the formation of an appropriate plan for future development and the management of maintenance for White Park, including ancillary facilities such as camping grounds, arenas etc. At the meeting on the 30 May 2017 the committee recommended the White Park Management and Operational Plan be adopted. The Committee assists in liaising with appropriate bodies and relevant user groups. Meetings of the White Park Management & Development Committee were held on 30 May and 20 June 2017. The minutes are attached. A copy of the White Park Management and Operational Plan is provided under separate cover.

ATTACHMENTS

1 White Park Management & Development Committee - 30 May 2017 - Minutes

2 White Park Management & Development Committee - 20 June 2017 - Minutes

ATTACHMENT NO: 1 - WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE - 30 MAY 2017 - MINUTES

ITEM NO: C.06.2


MINUTES OF THE WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE MEETING

TUESDAY 30 MAY 2017 - 5.30 pm

PRESENT: Cr Kiwa Fisher (Chair), Cr Wayne Bedggood, Christine Brooker (Hunter Branch ASHS), Jade Smith (Rodeo + Campdraft Committees), David O’Meara (Scone Equine Hospital), David Gatwood (ASHS), Billy Neville (HVCN Club), Susan Bettington (Scone Show jumping Club), Julee Gilmore (UH Dressage, Scone Pony Club, UH Beef Bonanza), Mark Judge (UH Team Penning).

IN ATTENDANCE: Alan Fletcher (UHSC), Sean Constable (UHSC), Waid Crockett (UHSC)

1. APOLOGIES

RECOMMENDATION

That the apologies received from Lynda McCallum, Cr Lee Watts, Jeff Saxby be accepted. Moved: C Brooker Seconded: J Smith CARRIED 2. DISCLOSURE OF INTEREST Nil. 3. PREVIOUS MINUTES

RECOMMENDATION

That the minutes of the White Park Management & Development Committee Meeting held on 15 March 2017, as circulated, be taken as read and confirmed as a correct record. Moved: David Gatwood Seconded: Cr Kiwa Fisher CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES Nil. 5. AGENDA ITEMS

5.1 Indoor Arena Jade Smith advised that the Scone Rodeo committee would not support the construction of the

roof over the arena as the event would proceed whether the arena was covered or not. He offered another option to just over the spectator areas and leave the arena open, this was rejected by the White Park Committee as it was outside the scope of the current plans. The Scone Rodeo committee would prefer that funds were invested in improved amenities, access and electricity upgrades to the site

It was resolved that the roof be 8 metres high at the eves to ensure sufficient height above any future seating construction.

Scope as per estimate, plus roof ventilation, roof insulation and natural lighting. These items would be included in the tender as separate items and assessed when all costs have been assessed.

Committee requested the seating capacity and seating plan.

ATTACHMENT NO: 1 - WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE - 30 MAY 2017 - MINUTES

ITEM NO: C.06.2


The Committee requested that Phil Eveleigh of P.B. Eveleigh Plan Service attend next meeting. Budget $1.84M. Construction Program- The shed manufacturers have advised that construction period

approximately will be 16 weeks. With tendering and other trades total construction time will be approximately 25 weeks.

5.2 White Park Master Plan – Mara Consulting Reissue next meeting. 5.3 Draft White Park Management and Operational Plan RECOMMENDATION TO COUNCIL That the Draft White Park Management and Operational Plan be adopted. Moved: Kiwa Fisher Seconded: David Gatwood CARRIED 6. ACTION SHEET

No.

ACTION

DATE

1 Arrange booking for Beef Bonanza. October 2017 2 Advise Committee of seating capacity and seating plan. 2 June 2017 3 Prepare Stage I Arena Tender Documents and call for

Tender 20 June 2017

4 Report to Council Recommending Approval of White Park Management and Operations Plan.

26 June 2017

7. CORRESPONDENCE

A letter was received from the NSW Management Council of the Australian Stock Horse Society

(ASHS) dated 29/5/2017 suggesting a 60 x 90m arena to fit two show rings. The Committee agreed to a 40 x 80m arena in a 60 x 90m shed to balance spectator and arena user’s needs, as previously resolved.

8. GENERAL BUSINESS Sean Constable – Is White Park going to be available in October 2017 for Beef Bonanza –

Belinda Olteanu to contact Julee Gilmore and Doug Robertson to discuss the needs of the event and how it can be run whilst construction is occurring within White Park.

Jade Smith asked, can there be consultation on how the yards will be packed up? Alan Fletcher advised yes there will be.

9. NEXT MEETING 5.30 Wednesday 21 June 2017 The meeting was declared closed at 7.10pm.

ATTACHMENT NO: 2 - WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE - 20 JUNE 2017 - MINUTES

ITEM NO: C.06.2


MINUTES OF THE WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE MEETING - TUESDAY 20 JUNE 2017

PRESENT: Cr Lee Watts (Chair), Cr Kiwa Fisher, Christine Brooker (Hunter Branch

ASHS), Jade Smith (Rodeo + Campdraft Committees), David Gatwood (ASHS), Susan Bettington (Scone Show Jumping Club), Jenny Moschner (Pony Club, Dressage) Julee Gilmore (UH Dressage, Scone Pony Club, UH Beef Bonanza), Lynda McCallum (Hunter Valley Cutting), Darryn Wicks (UH Team Penning).

IN ATTENDANCE: Mr Alan Fletcher (Manager Special Projects) Mr Phillip Eveleigh (PB Plan

Service), Mr Peter Good (PB Plan Service), Mrs Belinda Olteanu (Infrastructure Support Officer),

1. APOLOGIES RECOMMENDATION That the apologies received from Cr Wayne Bedggood, Mr Waid Crockett, Mr Sean Constable be accepted. Moved: Kiwa Fisher Seconded: David Gatwood CARRIED 2. DISCLOSURE OF INTEREST Nil. 3. PREVIOUS MINUTES

RECOMMENDATION That the minutes of the White Park Management & Development Committee Meeting held on 30 May 2017, as circulated, with the amendment to Section 7 Correspondence - arena dimension should read ‘40 x 80 m arena in a 60 x 90m shed’, be taken as read and confirmed as a correct record. Moved: Kiwa Fisher Seconded: David Gatwood CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES Nil. 5. AGENDA ITEMS 5.1 Indoor Arena

Phillip Eveleigh of PB Plan Design addressed the meeting with some background to the current arena design. Mr Eveleigh was engaged by the then Project Manager to produce a concept roof design and seating in order to apply for Project Funding. The design includes relocatable yards and moveable seating, and a walkway over the back chutes for dogging and roping. The roof was the focal point on securing funding.

Alan Fletcher explained that the project was in two stages – Stage 1 being the roof of arena, fencing, civil works, basic light and basic seating. Stage 2 being toilets, canteen, bar and mezzanine fencing.

Liquor Licensing Police have been consulted regarding the location of bar facilities in relation to canteen.

ATTACHMENT NO: 2 - WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE - 20 JUNE 2017 - MINUTES

ITEM NO: C.06.2


The marked gates on the design on the middle fences can easily be moved to secure additional room for seating.

Seating capacity in the current design is @1,842, which could increase to 2,000 if the middle gates were moved to either side of the chutes.

David Gatwood stressed that easy access of cattle/stock to yards was essential for easy stock movement.

Discussion was had regarding: o Possibly lowering walkway level to increase seating options, including lowering the

arena, o Possibility of having canteen and toilet facilities in a separate location – ie not under the

arena roof eg current sales centre, o Easy entry for grader/tractor, o Liaising with seating contractor to produce a concept seating plant with potential for

other types of functions (eg music concerts) to utilise the arena area, o Provision within the tender documents for separable portions relating to Lighting,

Ventilation and Insulation, o It is hoped that the tender will be out in approximately two weeks after being presented

to Council, with a construction program of 26 weeks for construction. Julee Gilmore enquired as to the viability of holding Beef Bonanza at White Park this year. Julee

looking at options including the Bonanza securing additional temporary fencing or using Merriwa Showground.

Jade Smith requested a copy of the Stage 1 Seating Design.

RECOMMENDATION TO COUNCIL That the Mara Consulting White Park Masterplan Revision E be adopted. Moved: David Gatwood Seconded: Kiwa Fisher CARRIED

6. ACTION SHEET No.

ACTION

DATE

1 Arrange booking for Beef Bonanza. October 2017 Committee to discuss options.

2 Advise Committee of seating capacity and seating plan.

2 June 2017 COMPLETE

3 Prepare Stage I Arena Tender Documents and call for Tender

20 June 2017 Documents Prepared.

4 Report to Council Recommending Approval of White Park Management and Operations Plan.

26 June 2017 COMPLETE

7. CORRESPONDENCE Nil. 8. GENERAL BUSINESS Nil. 9. NEXT MEETING TBA The meeting was declared closed at 5.55pm




C.06.3 LIVERPOOL RANGE WIND FARM COMMUNITY CONSULTATIVE COMMITTEE



RECOMMENDATION That Council note the minutes of the Liverpool Range Wind Farm Community Consultative Committee meetings held on 28 July 2015, 15 September 2015, 21 September 2016 and 27 April 2017.

BACKGROUND The Liverpool Range Wind Farm is a project located between Cassilis and Coolah. It is being developed by Epuron. The farm originally included up to 288 wind turbines, approximately 60 turbines were proposed within the Upper Hunter LGA, with the balance within the Warrumbungle’s LGA. The Community Consultative Committee (CCC) was formed to provide advice and direction to the proponents during the planning phase of the project. The CCC is also the communication conduit back to local communities that may be affected by the proposed development. The wind farm project is still moving through the approval process with the NSW Government (DP&E). Epuron has recently lodged its detailed response to submissions to the Environmental Assessment which was publicly exhibited in October 2014. The final alignment for the powerline route is still to be determined, however the preferred route is included in the Environmental Assessment. Once DP&E has made its assessment it will make a recommendation to the Planning Assessment Commission (PAC). The PAC will the make a determination on the project. REPORT/PROPOSAL The Liverpool Range Wind Farm project will bring significant investment to the region during construction. It is expected that a workforce of approximately 800 will be employed during the construction phase. A further 30 full time equivalents will be employed during the operational phase of the project (approximately 25 years), in servicing and maintaining the turbines. Council, in conjunction with Warrumbungle Shire Council, has been in negotiations with Epuron to formulate and ratify a Voluntary Planning Agreement which will provide funds for the maintenance and repair of infrastructure impacted by the wind farm development. This document is still in draft form. Epuron has also committed to establishing a Community Enhancement Fund (CEF) which will provide ongoing funds (through the life of the wind farm) for community infrastructure and projects. The actual funds and management of the CEF is still to be determined by Epuron in consultation with the CCC. Epuron and the councils involved have a preference to establish a S355 committee of council to oversee the management and operation of the CEF. This would be a joint committee of Upper Hunter and Warrumbungle Shires and would include community representatives and Councillors along with Council staff and a wind farm representative.




Applications would be made to the CEF, the committee would review and recommend grants to the two councils and when both councils approve the recommendations, the grants would be made. Local industry involvement in the construction and operation phases is still unclear because until the project receives approval the construction schedule is unknown. Several workshops have been held in Coolah and Merriwa with local businesses invited to discuss the project and possible opportunities for future work, however use of these businesses will be dependent on the construction firm appointed by Epuron and the procurement process that firm then uses. Accommodation for the workforce during the construction phase is also a factor to be considered and both councils have suggested housing workers within the local communities would be preferential to having a camp established on site. Epuron has advised council that, as a result of the EA exhibition process, it has reduced the number of turbines to 272 (letter attached). The majority of the recent reduction of 10 turbines is within the Upper Hunter LGA. The formal response to submissions by Epuron is on display at the Council offices.

ATTACHMENTS

1 Liverpool Range Wind Farm CCC - Meeting No 9 Minutes - 28 July 2015

2 Liverpool Range Wind Farm CCC - Meeting No 10 Minutes - 15 September 2015

3 Liverpool Range Wind Farm CCC - Minutes 21 September 2016

4 Liverpool Range Wind Farm CCC Minutes - Meeting 12 - 27 April 2017

5 Epuron - Liverpool Range Wind Farm - notice of reduction in turbines to 272 - 15 June 2017

ATTACHMENT NO: 1 - LIVERPOOL RANGE WIND FARM CCC - MEETING NO 9 MINUTES - 28 JULY 2015

ITEM NO: C.06.3



ITEM NO: C.06.3


ATTACHMENT NO: 2 - LIVERPOOL RANGE WIND FARM CCC - MEETING NO 10 MINUTES - 15 SEPTEMBER 2015

ITEM NO: C.06.3



ITEM NO: C.06.3


ATTACHMENT NO: 3 - LIVERPOOL RANGE WIND FARM CCC - MINUTES 21 SEPTEMBER 2016 ITEM NO: C.06.3


ATTACHMENT NO: 4 - LIVERPOOL RANGE WIND FARM CCC MINUTES - MEETING 12 - 27 APRIL 2017

ITEM NO: C.06.3


ATTACHMENT NO: 5 - EPURON - LIVERPOOL RANGE WIND FARM - NOTICE OF REDUCTION IN TURBINES TO 272 - 15 JUNE 2017

ITEM NO: C.06.3





C.06.4 UPPER HUNTER LIBRARY SERVICES ADVISORY COMMITTEE


AUTHOR: Kerri Cone - Manager Community Services

RECOMMENDATION

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

meeting held on 12 April 2017 2. note the minutes of the Upper Hunter Library Services Advisory Committee meeting

held on 13 June 2017

BACKGROUND

The Upper Hunter Library Services Advisory Committee is a Section 355 Committee of Council which meets every second month. The Committee represents the interests of the broader community on Library related matters, providing feedback on our five Shire branches. Council is represented on this committee by Cr Sue Abbott (Chairperson), Cr Lorna Driscoll, and Cr Ron Campbell. REPORT/PROPOSAL

The Committee received reports from the Library Coordinator and Technical Librarian and discussed issues related to the Libraries as contained within the Minutes.

Wide ranging discussion covered areas such as: Promotion of the Libraries and services Updates on the upgrade and relocation of Merriwa Library Library statistics and data collection Local histories and local authors

Needs of the Murrurundi Library were reviewed with the Murrurundi Library Officer who indicated the primary need was for a toilet for library users. This had been sought for a number of years. Currently library users need to leave the building to find alternate toilets in the town. This is particularly difficult for children, elderly and people with a disability and is impacting on the services and activities that can be effectively provided from the library.

The installation of an accessible toilet is proposed in the draft 2020 budget, however members felt that this needed to be brought forward to an earlier date.

There was discussion and support for the development of a comprehensive plan of improvements for the whole building and library. It was felt that such a plan and costings needed to be completed as soon as possible to enable grants for an accessible toilet and other facilities to be sought as shovel ready projects.

ATTACHMENTS

1 Upper Hunter Library Services Advisory Committee - 14 June 2017 - Minutes

ATTACHMENT NO: 1 - UPPER HUNTER LIBRARY SERVICES ADVISORY COMMITTEE - 14 JUNE 2017 - MINUTES

ITEM NO: C.06.4


MINUTES OF THE UPPER HUNTER LIBRARY SERVICES ADVISORY COMMITTEE MEETING - WEDNESDAY 14 JUNE 2017 -

5.30pm, at MURRURUNDI LIBRARY

PRESENT: Cr Ron Campbell (Chairperson), Ms Deirdre Peebles, Ms Jayne Cronin,

Ms Penelope Fenley, Ms Dianne Roche, Ms Louise Broomfield

IN ATTENDANCE: Mrs Kerri Cone (Minutes), Mr Mat Pringle (Director Environmental & Community Services), Mrs Elizabeth Walter (Library Coordinator)

1. APOLOGIES

RECOMMENDATION

That the apologies received from Cr Sue Abbott, Cr Lorna Driscoll, Cr Wayne Bedggood, Ms Julie Wilton and Ms Lauren Allan be accepted.

Moved: Ms Deirdre Peebles Seconded: Ms Penelope Fenley CARRIED 2. DISCLOSURE OF INTEREST

Nil 3. PREVIOUS MINUTES RECOMMENDATION

That the minutes of the Upper Hunter Library Services Advisory Committee Meeting held on 12 April 2017, as circulated, be taken as read.

The minutes were confirmed as a correct record with the following corrections:

6c. Change to provide App information to “Cr Bedggood” rather than Elizabeth Walter and Kerri Cone, and:

6e. & 6F. Change to running of the “sheep”

Moved: Ms Penelope Fenley Seconded: Ms Jayne Cronin CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES

Noted in Action Plan 5. AGENDA ITEMS

5a. Library Co-ordinator’s Report

There was discussion about the Murrurundi staffing model where the Library was open during all Council office hours for basic services, with the library officer working limited hours for more specialist library services and assistance. Virginia Risby indicated that this model was working very well. She regularly goes to the schools and community activities, as well as the aged care facility in Murrurundi to promote or provide library services. Administration staff monitored the open Library and accepted book returns and borrowing when she was absent, or referred the person to the Library staff if needed. It was indicated that this model was being considered for the new Merriwa Library.

Moved that the Library Co-ordinator’s report be accepted.

Moved: Ms Deirdre Peebles Seconded: Ms Penelope Fenley CARRIED


ITEM NO: C.06.4


5b. Technical Librarian’s Report (presented by Elizabeth Walter) There was some discussion about the weeding process in Merriwa, and a reiteration of the suggestion that all new stock be sent to Merriwa Library for a month or two, when the new library opened to enable residents to see the full breadth of what could be borrowed through inter library loans. Collections of local literature and authors were discussed particularly as it related to local history in Merriwa and the importance of such collections to local schools. The Committee were asked to notify Elizabeth if they came across locally developed books and authors, as these were not always known. Penelope gave an example of the cemetery lists and headstones for the area, which were available on microfilm at Mudgee, but not in our libraries. The Merriwa Historical Society may also have further information. Elizabeth will follow up. Elizabeth indicated that Scone Historical Society often provided local information to the Scone library as well as providing displays. An update on the proposal for a new Management system consortium was sought. Elizabeth indicated that a number of libraries in our region had withdrawn from the original consortium when a combined grant application for the new system was unsuccessful. Newcastle has its own system and Maitland and Cessnock were exploring other options. A smaller consortium of Upper Hunter, Muswellbrook, Singleton and possibly Lake Macquarie were still being considered.

6. ACTION SHEET from 12 April 2017

6a. Online Resource Day – Lauren Allan to look further re feasibility

6b. Website Improvements – Lauren Allan to report at next meeting 6c. Online tutorials – Elizabeth Walter and Lauren Allan have a planned meeting in July to

discuss possibilities. Elizabeth said that previous experience with online tutorials was not positive and used by members very little. Penelope Fenley suggested popup balloons on screen with tips, as a possibility. It was noted that Lauren had offered to run tutorials in each Library. It was suggested that Lauren could offer some tutorial presentations to co-incide with the opening of the new Merriwa Library. A further report to the next meeting was requested on this topic – Lauren and Elizabeth.

6d. Signage to capture more email addresses – Elizabeth Walter reported it was with the

Communication Team at Council for design. 6e. Merriwa Library Update – Kerri Cone indicated that work was underway to clear the old

Chamber and CTC area and structural work was likely to commence next week. A new concept design was offered, moving the children and Youth areas into the chamber and the adult area into the CTC, to improve safety for children and young people.

6f. Budget Revenue question – Kerri Cone reported the lowered income from 2015/16 to

2016/17 was a result of the loss of rental on the rooms in the Library building, due to sale of the premises.

6g. Nomination to Committee – Kerri Cone reported that clarification of Julie Wilton’s eligibility

to nominate had indicated she was not eligible as she was a Council employee however she may be in attendance at the meetings.

7. CORRESPONDENCE

Nil


ITEM NO: C.06.4


8. GENERAL BUSINESS

8a. Membership and Library Usage (discussed at point 4) Cr Campbell asked if the Libraries were attracting new members. Elizabeth Walter reported that approximately 24 new members per month were joining. A further enquiry sought details of what people were currently borrowing or using the Library for, with Elizabeth indicating that DVDs were currently popular as well as use of the computers and internet. There was a comment about the potential popularity of online services, and the lack of its promotion at Merriwa Library. Virginia Risby indicated that family search portals were well used in the Murrurundi Library. Elizabeth Walter indicated that Scone Library had a range of very popular children’s services and that retirees used the library regularly, particularly borrowing printed and audio books. Attracting borrowers in the 25- 40 age group was more difficult as they were often employed during the daytime. Kerri Cone said that the use of libraries primarily for book borrowing had evolved to a much wider role with changes in technology, and that now Libraries were seen as filling a greater role as a community hub, with many social and educational activities provided and supported by the provision of information of all kinds and media types. Cr Campbell queried the use of hardcopy book borrowing. Penelope Fenley indicated that research was showing children’s book borrowing as very popular. The use of audio books by children often resulted in associated hardcopy book borrowing, with audio media fulfilling the role that comic books (now referred to as Graphic novels), once did. Dianne Roche said it was important that community Libraries were used, and that Library staff need to be able to go out into the community to extend services and encourage use. Details of how many members were using branches other than their closest branch were requested for the next meeting. Penelope Fenley indicated she believed these figures could be obtained through the network data collection. It was thought that contact with such borrowers and encouragement for them to explore the new Merriwa Library when it was opened, could result in improved membership and usage statistics for Upper Hunter Shire. There was a further query about what demographics were hits on the library website. Elizabeth Walter / Lauren Allan will see what data is available on this.

8b. Budget information Members requested budget information, particularly in regard to the network contributions made. Indications were given, and the new approved budget would be provided at the next meeting. 8c. Website search issues Penelope Fenley and Jayne Cronin indicated they had used the Libero search button, and found the information retrieved to be out of date, or no information available. For example a search on “oceanography” indicated a book in Merriwa Library that was 20 years old. There did not appear to be links to electronic or audio visual resources. It was suggested that this search tool needed updating or perhaps removing. Lauren Allan to provide response.

8d. Murrurundi Facilities Virginia Risby (Murrurundi Library Officer) was thanked for her attendance, and asked for priority issues at the Murrurundi Library. Virginia indicated that the priority issue was a lack of any toilet for the public and the need for an accessible toilet to enable greater use by older or disabled residents. Members currently had to use the pub across the road or go further up the street for another facility. This was particularly difficult for families with children.


ITEM NO: C.06.4


It was indicated that this was included in the draft budget for action in 2020, but the Committee generally felt it should be actioned earlier along with overall planning for the Council facility in Murrurundi.

It was moved that: Planning and costing be undertaken for an accessible toilet and other upgrades to Murrurundi Library facilities, so any applicable grants may be sought.

Moved: Ms Penelope Fenley Seconded: Ms Dianne Roche CARRIED Virginia also indicated that a Book return security box in the foyer was needed, and a third computer table. There may be a computer table available from the Merriwa Library when it is relocated. 8e. Library Promotions Mat Pringle suggested that the Communications team could be approached to develop a marketing program for the Libraries to increase promotional coverage of services. There was general discussion about promotional ideas including advertising of children’s activities, using other forms of media (eg. Virginia Risby reported a great response when she partnered with Family Insight and they promoted the Library activity on their Facebook page) and sending out information with the rates notices (cost is around $1000). Elizabeth Walter and Kerri Cone indicated that the Communications Team already put information about Library activities into many area including Council’s Facebook page, “What’s On” which goes to all Shire Schools each Holidays, press releases, Merriwa Connect. The Library advertising budget is small so inexpensive promotions are utilised wherever possible. The Library Network also put it on the website and sent out emails. Some members indicated they did not see very much information about Upper Hunter Shire activities. Kerri Cone and Mat Pringle will liaise with the Communications Team to discuss how we can better promote ourselves

9. NEW ACTION SHEET FROM JUNE 14

9a. Provide report on people utilising branches other than their closest branch and the demography of people using the website – Elizabeth Walter

9b. Follow up the availability of local history information with Mudgee Library (cemetery lists) and Merriwa Historical Society resources – Elizabeth Walter

9c. Check on State Library NSW website to see if local authors can be Identified – Elizabeth Walter

9d. Provide information of the approved Library budget for 2017/18 – Kerri Cone

9e. Report on online tutorial discussions – Lauren Allan and Elizabeth Walter

9f. Provide feedback on website search issues as raised in discussion – Lauren Allan

9g. Liaise with Communications team to develop a better marketing plan – Kerri Cone and Mat Pringle

10. NEXT MEETING

As some members will be unavailable in August, the next meeting date was determined as 13 September 2017, commencing 5.30pm at Merriwa Library. The Library Officer at Merriwa to be invited to attend and provide feedback on the needs of Merriwa Library.

The meeting was declared closed at 7.10pm.




C.06.5 COMMUNITY SERVICES COMMITTEE


AUTHOR: Heather Ranclaud - Community Services Officer - Murrurundi


1. Endorse the minutes of the Community Services Committee meeting held on 9 May 2017;

2. Note the minutes and record of proceedings from the meeting held 13 June 2017.

BACKGROUND The Community Services Committee is a Section 355 Committee of Council responsible for overseeing the development of a suite of plans and strategies, including Crime Prevention, Disability Inclusion Action Plan, Cultural Plan and the Museum’s Strategy as well as Youth Services and Children’s Services. The Committee also provides a forum for Local Area Command to facilitate Community Safety Precinct Committee meetings. REPORT/PROPOSAL As noted in the minutes, the Community Services Committee has requested that the protocols for flying the Aboriginal and Torres Strait Islander flags be provided to Council.

ATTACHMENTS

1 Community Services Committee - 9 May 2017 - Minutes

2 Community Services Committee - 13 June 2017 - Minutes

3 Administrative Principle - Flying the Aboriginal and Torres Strait Islander Flags

ATTACHMENT NO: 1 - COMMUNITY SERVICES COMMITTEE - 9 MAY 2017 - MINUTES ITEM NO: C.06.5


MINUTES OF THE COMMUNITY SERVICES COMMITTEE TUESDAY, 9 MAY 2017 – 4.00PM

PRESENT: Cr Lee Watts, Mayor Wayne Bedggood, Mrs Carol Ray, Ms Susan

McClure, Mr Rodney Swansborough, Ms Marie Laurie, Ms Debbie Camps and Insp Guy Guiana (arrived 4.10pm)

IN ATTENDANCE: Mrs Kerri Cone, Ms Kim Hartmann, Mrs Tash Taaffe (minutes) and Mrs Heather Ranclaud Cr Bedggood left meeting at 4.40pm Rodney Swansborough left meeting at 4.40pm

1. APOLOGIES RECOMMENDATION That the apologies received from Mr Mat Pringle, Mary Spora, Ms Caroline Hayes and Bec Eveleigh be accepted.

Moved: Cr Bedggood Seconded: Ms Debbie Camps CARRIED

2. DISCLOSURE OF INTEREST - Debbie Camps declared her daughter works at the Scone Early Learning Centre.

3. PREVIOUS MINUTES RECOMMENDATION That the minutes of the Community Services Committee Meeting held on 11 April 2017, as circulated, be taken as read and confirmed as a correct record with one amendment – Cr Watts be noted as an apology. (omitted in error)

Moved: Cr Bedggood Seconded: Ms Susan McClure CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES

(5.1) DIAP – (Item brought forward) Kerri Cone presented the draft DIAP. Lee Watts requested the Scone Neighbourhood Resource Centre be included in the plan (text to be supplied by Cr Watts). Cr Bedggood requested the plan be forwarded to local focus groups that work in disability sector or are part of the plan for comment as part of the Exhibition process. Heather Ranclaud suggested Kerri Cone forward a draft to Nick Gleeson for comment. Debbie Camps suggested terminology changes such as people first, disability section - ie ‘people with disabilities’, ‘accessible parking’; the Disability Advisory Committee be renamed Access and Inclusion Committee; include ways Council could encourage businesses to improve access and inclusion such as grants; include Ability Links information (text to be supplied by Debbie Camps)

RECOMMENDATION TO COUNCIL That the draft DIAP be endorsed by Council and placed on Public Exhibition.

Moved: Insp Guy Guiana Seconded: Susan McClure CARRIED

4.1 Guidelines for Indigenous Shirt Competition- A selection of scarves and ties will be available at a subsidised cost. The order form will be distributed to staff in May. In 2018 the Committee will revisit the coordination of the shirt design competition.



4.2 Additional Flag Pole- Wanaruah Local Aboriginal Land Council (LALC) has been contacted for their input and requested Council fly the Aboriginal flag in accordance with LALC guidelines.

RECOMMENDATION TO COUNCIL That Council buy and erect a flag pole for each Council chamber and the Aboriginal flag be flown subject to recommendations of the Wanaruah Local Aboriginal Land Council.

Moved: Cr Beddgood Seconded: Ms Marie Laurie CARRIED

4.3 Disability Aid at Pools- Infrastructure Services and Cr Bedggood will review chair hoists,

maintenance and access to change rooms at all Council pools over the winter period.

4.4 Guidelines for use of emergency accommodation – Tenancy guidelines are required for 133 Liverpool Street, Scone and the two Merriwa Low Income Housing units. The guidelines are to be developed in consultation with Upper Hunter Homeless Support Group (proposed property managers), police, youth services, Scone Neighbourhood Centre and other relevant stakeholders before the next Committee meeting. Amanda Catzakiris to coordinate meeting and draft.

4.5 Accessible Toilet for Murrurundi Library– The construction of an accessible toilet at the

Murrurundi Library is scheduled in the DPOP for 20/21. To align with priorities set out in the DIAP, this needs to be brought forward to 2018. Heather Ranclaud and other Murrurundi residents to put in a submission to the Community Services Committee, to request installation be brought forward.

RECOMMENDATION TO COUNCIL That Council move installation of an accessible toilet at the Murrurundi Library in 2018.

Moved: Marie Laurie Seconded: Debbie Camps CARRIED

4.6 Links between DIAP and Town Revitalisation Plans– Heather Ranclaud noted there

were numerous linkages between the DIAP and Town Revitalisation Plans.

4.7 Mental Health and Suicide Prevention Needs Assessment – Carol Ray and Heather Ranclaud attended this meeting last month. Suggestions included Council to provide office space as required for visiting mental health professionals and to raise awareness of mental health services in the Shire via a magnet, business card or flyer.

4.8 Cultural Plan– Tash Taaffe gave review of initial feedback received from Councillors and

other stakeholders to date. The plan is now on Public Exhibition until 28 May. Tash Taaffe to prepare a summary of key suggestions and invite Cr Abbott and Pam Saunderson-McLeay (Arts Upper Hunter Board Members) to the next Committee meeting.

5. AGENDA ITEMS

5.2 Children’s Services-– the report previously circulated, taken as read. After the report was

presented, Cr Watts asked why Council’s Transition to School program didn’t include Family Insight services. Kim Hartmann to report back to Lee Watts directly. Rodney Swansborough asked if there were any opportunities for Murrurundi Preschool to be more connected to other preschools in Shire ie. Scone and Merriwa. Kim Hartmann said there is a loose connection between the preschools but agreed the network could be strengthened and will look for opportunities for Children’s Services to develop this network further.

RECOMMENDATION That the Children’s Services Report be accepted.

Moved: Ms Susan McClure Seconded: Mrs Marie Laurie CARRIED



5.3 Youth Services Report – the report previously circulated, taken as read.

ACTION FOR COMMITTEE That the Youth Services Report be accepted.

Moved: Mr Rodney Swansbough Seconded: Mrs Marie Laurie CARRIED

5.4 Sports Participation- held over

5.5 Community Services- the report previously circulated, taken as read.

ACTION FOR COMMITTEE That the Community Services report be accepted.

Moved: Mrs Debbie Camps Seconded: Mrs Carol Ray CARRIED

5.6 Local Area Command- Insp Guy Guiana reported no unusual statistics for the Hunter

Valley reported over March and April as follows:

Malicious damage March (40) April (48) Steal from Motor Vehicles March (24) April (24) Stolen Motor Vehicle March (20) April (24) Assault – Alcohol & Non DV March (8) April (6) Assault – DV March (29) April (20) Break Enter March (25) April (31) Stealing

Rodney Swansborough advised there has been vandalism to the Murrurundi outdoor fitness equipment. Insp Guy Guiana suggested Council and/or Rodney report vandalism to police.

5.7 Museums Strategy- Heather Ranclaud suggested a change to the way Council support the

Upper Hunter Museums Network by providing individual support to members as needed rather than coordination of network meetings which are poorly attended. Heather Ranclaud and Carol Ray visited the Powerstation Museum, Tamworth last month to view innovative museums technologies in action such as augmented reality and QR codes.

6. ACTION SHEET

6.1 DIAP – send DIAP to stakeholders and local organisations that support people with

disabilities for comment 6.2 Indigenous Shirt Competition: Send out order form to staff; review competition in 2018 6.2 Flying the Aboriginal Flag: Purchase and erect poles at each Council chamber. 6.3 Pools: Assess requirements (over winter period) with Infrastructure Services 6.4 Guidelines: Meeting of stakeholders and draft guidelines 6.5 Accessible Toilet for Murrurundi Library: Residents to draft letter to Committee to bring

forward to 2018 6.6 Mental Health and Suicide Prevention Needs Assessment- information to be forwarded

to Council’s Communications Team to develop business card with local service information. 6.7 Cultural Plan – Prepare summary of feedback for next meeting, invite Arts Upper Hunter 6.8 Children’s Services – Look for ways to develop preschool network.



6.9 Local Area Command – Report vandalism of Murrurundi outdoor gym equipment to police. 7. CORRESPONDENCE

Nil 8. GENERAL BUSINESS

8.1 Candlelight Vigil – Cr Watts attended this in Scone for victims of domestic violence which was well supported and likely to be held again in Scone in 2018.

8.2 Foot darts – Cr Watts advised Scone Neighbourhood Centre has a blow up dart board with

soccer balls covered in Velcro available for hire. 9. NEXT MEETING - 4pm Tuesday 13 June 2017 The meeting was declared closed at 5.40pm.

ATTACHMENT NO: 2 - COMMUNITY SERVICES COMMITTEE - 13 JUNE 2017 - MINUTES ITEM NO: C.06.5


MINUTES OF THE COMMUNITY SERVICES COMMITTEE MEETING TUESDAY 13 JUNE 2017 – 4.10PM

PRESENT: Cr Lee Watts (Chair until 4.55pm) Mrs Marie Laurie, Mrs Carol Ray, Mr Rodney Swansborough, Ms Debbie Camps (Acting Chair from 4.55pm)

IN ATTENDANCE: Mrs Kerri Cone, Mrs Amanda Catzikiris, Mr Mat Pringle, Mrs Heather Ranclaud (minutes).

1. APOLOGIES

RESOLVED that the apologies received from Insp Guy Guiana, Ms Susan McClure, Mayor Wane Bedggood, Ms Kim Hartmann and Mrs Tash Taaffe be accepted. Moved: Ms Marie Laurie Seconded: Mr Rodney Swansborough CARRIED

2. DISCLOSURE OF INTEREST

Ms Debbie Camps advised that her daughter is employed at the ELC. 3. PREVIOUS MINUTES RECOMMENDATION TO COUNCIL :

That the minutes of the Community Services Committee Meeting held on 9 May 2017, as circulated, be taken as read and confirmed as a correct record. Moved: Mr Rodney Swansborough Seconded: Ms Carol Ray CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES

4.1 DIAP - The DIAP is currently on public exhibition which closes on 26 June 2017. Mrs Kerri Cone provided a summary of feedback to date: Mr Chris Wicks, has requested that improvements to paths and pathways of travel should specifically be in relation to “scooters” and he requested that Information packages should be developed for scooter users. Murrurundi Community Forum reviewed the plan at their recent meeting and a list of suggestions was tabled which relate to actions. There were no suggestions or comments on the content of the DIAP. Suggested Actions:

1. an adult change table to be located at the VIC or Wilson Memorial Oval 2. develop maps which show accessible areas. 3. Investigate external access to the toilet at the RSL Hall 4. Improve parking for PWaD at the VIC for use by GP patients 5. Install seating at Liverpool Lodge 6. Accessible toilet at the Murrurundi Library.

RECOMMENDATION That signage be installed at the Murrurundi VIC promoting the accessible toilet and an accessible parking bay be sign-posted at the rear of the RTC. Moved: Mr Rodney Swansborough Seconded: Ms Debbie Camps CARRIED



Cr Lee Watts advised that Scone Neighbourhood Resource Centre will be holding a session for scooter users.

4.2 Cultural Plan - feedback on comments received following public exhibition was held over. 4.3 Guidelines for Emergency Accommodation - Mrs Amanda Catzikiris spoke to her written report outlining preliminary guidelines for tenancy of emergency accommodation. Following discussion it was agreed to form a working group to include Police, Homelessness Support, UHSC Mayor or alternate, Compass Tenancy Advice Service, and a delegate from the Community Services Committee: Ms Debbie Camps, to develop guidelines RECOMMENDATION: that a Working Group be formed to develop guidelines for use of emergency accommodation. Moved: Mrs Marie Laurie Seconded Ms Debbie Camps CARRIED

5. ACTION SHEET

5.1 Indigenous Shirt Competition- it was advised that discussions have been held with representatives from Wanaruah Local Aboriginal Land Council (LALC) with suggestion provided on progressing a design competition. It was suggested that the event could be a design for street banners, and exhibition or art workshop rather than a competition. It was also suggested that we may need to test numbers to determine interest. 5.2 Flying the Aboriginal Flag- Mrs Kerri Cone provided a copy of the guidelines for members information. It was also reported that a successful flag raising was held to acknowledge Reconciliation Week. RECOMMENDATION - that the protocols for flying the Aboriginal and Torres Strait Islander Flags go to Council as a report. Moved: Mr Rodney Swansborough Seconded: Mrs Carol Ray CARRIED 5.3 Mental Health and Suicide Prevention- Members were advised that details are currently being collated for a resource providing information about services. It was suggested that One Door Mental Health Services and Partners in Recovery be included. Note: at 4.55pm Cr Watts left the meeting. The following is a record of proceedings from 4.55pm

6. AGENDA ITEMS

Reports: 5.1 Local Area Command - held over 5.2 Children’s Services Report - written report provided 5.3 Youth Services Report - written report provided 5.4 Sports Participation - held over 5.5 Community Services Report - written report provided

All tabled reports were noted. 7. CORRESPONDENCE



8. GENERAL BUSINESS

8.1 Blue Star Awards - formerly Tidy Towns Sustainable Communities; nominations are now open for the 2018 Awards Program. There are two projects in Murrurundi. Noted that regulations for deer control have changed which may assist the local Landcare group in revegetation projects currently affected by wild deer. 8.2 Wilson Memorial Oval facilities - Mr Rodney Swansborough raised concerns about the facilities at the oval, in particular the change rooms used by Touch Football players.

Note: concerns to be provided in a letter to Council, attention Steve Pryor. 8.3 Grant opportunities - members were advised that Country Arts Support Program (CASP) grants are currently open. Council’s Cultural Activity Grants (CAG) will be opening soon.

9. NEXT MEETING

The next meeting will be held on Tuesday, 8 August 2017. The meeting was declared closed at 6.35pm..

ATTACHMENT NO: 3 - ADMINISTRATIVE PRINCIPLE - FLYING THE ABORIGINAL AND TORRES STRAIT ISLANDER FLAGS

ITEM NO: C.06.5


COMMUNITY RELATIONS - ADMINISTRATION PRINCIPLE - Flags - Flying the Aboriginal and Torres Strait Islander Flags Administration Principle

Aboriginal and Torres Strait Islander flags are a significant means of demonstrating Council’s recognition of Aboriginal and Torres Strait Islander people, and encouraging access to Council’s services and facilities. Flags can be used to promote a sense of community partnership and demonstrate Council’s commitment towards an inclusive and caring society This policy provides protocols for flying the Aboriginal and Torres Strait Islander Flags at Council premises.

Objective

To provide protocols for flying the Aboriginal and Torres Strait Islander Flags at Administration Centres and other facilities owned by Upper Hunter Shire Council

Procedures/Practice

Flag Flying Protocols Upper Hunter Shire Council will comply with all Australian Government protocols for flying of flags contained within “The Protocols for the appropriate use and the Flying of the Flag” (Department of Prime Minister and Cabinet) https://www.pmc.gov.au/government/its-honour THE FLYING OF THE FLAG These protocols always require the Australian Flag to take precedence over all other flags with the exception of the United Nations Flag on United Nations Day (24th October), and be raised in the position of honour generally on the far left of a person facing the building. Order of Precedence The Australian National Flag takes precedence in Australia over all other flags when it is flown in company with other flags. Thereafter when flown in the community the order of precedence of flags is:

1: National Flag of other nations 2: State and Territory Flags 3: Other flags prescribed by the Flags Act 1953 including:

the Australian Aboriginal Flag and the Torres Strait Islander Flag in either order; and

the Defence ensigns which should be flown in the following order: - the Australian Defence Force Ensign - the Australian White Ensign - the Royal Australian Air Force Ensign.

4: Ensigns and pennants Aboriginal Flag The Aboriginal Flag will be raised and lowered each business day at Council’s Administration Centres where there are at least two flagpoles. The Aboriginal Flag will be flown on occasions of significant Council organised events, National Reconciliation Week and NAIDOC Week.


ITEM NO: C.06.5


The Protocols specifically identify and encourage flying of the Aboriginal and Torres Strait Islander flags on: 27 May to 3 June – National Reconciliation Week – In recognition of 27 May as the anniversary of the 1967 Referendum which successfully removed from the Constitution clauses that discriminated against indigenous Australians and 3 June as the anniversary of the High Court decision in the Eddie Mabo land rights case of 1992. The Australian Aboriginal Flag and the Torres Strait Islander Flag should be flown on additional flagpoles, where available, next to or near the Australian National Flag on Australian Government buildings and establishments. If there is only one flagpole available, the Australian Aboriginal Flag and the Torres Strait Islander Flag should not replace the Australian National Flag. If there are two flagpoles available, it is at the discretion of the authority concerned to determine which flag should be flown with the Australian National Flag. July, nominated week – NAIDOC Week (originally an acronym for National Aboriginal and Islanders’ Day Observance Committee, the acronym has since become the name of the week) – NAIDOC Week is held every year to celebrate and promote a greater understanding of Aboriginal and Torres Strait Islander peoples and culture. The Australian Aboriginal Flag and the Torres Strait Islander Flag should be flown on additional flagpoles, where available, next to or near the Australian National Flag on Australian Government buildings and establishments. If there is only one flagpole available, the Australian Aboriginal Flag and the Torres Strait Islander Flag should not replace the Australian National Flag. If there are two flagpoles available, it is at the discretion of the authority concerned to determine which flag should be flown with the Australian National Flag. Torres Strait Islander Flag Where there are sufficient flagpoles, the Torres Strait Islander flag will also be flown on occasions of significant Council organised events, National Reconciliation Week and NAIDOC Week. Flying Flags at Half Mast Flags are flown in the half-mast position as a sign of mourning. When flying the Australian National Flag with other flags, all flags in the set should be flown at half-mast. The Australian National Flag should be raised first and lowered last. There are occasions when direction will be given by the Australian Government to fly flags at half mast. Flags in any locality may be flown at half-mast on the death of a local citizen or on the day, or part of the day, of their funeral. Upper Hunter Shire Council will also fly all flags at half mast on the request of Wanaruah Local Aboriginal Land Council or Hunter Valley Aboriginal Corporation to mourn the death of significant members of the local aboriginal community. Flag Designs The Aboriginal flag is an official flag of Australia and was recognised under Federal legislation in July

1995. Designed by Aboriginal Elder Harold Thomas in 1971, this flag symbolises Aboriginal identity. Mr Thomas has been recognised as the designer of the Aboriginal flag by the Federal Court and has been granted backdated copyright of the design to 1971. The top half of the flag is black to represent the Aboriginal people. The red in the lower half represents the red earth (the relationship to the land) and the red ochre used in Aboriginal ceremonies. The circle of yellow represents the sun (giver of life) and yellow ochre. The Torres Strait Islander flag is an official flag of Australia and was recognised under Federal legislation in July 1995. The flag designed by Torres Strait Islander Mr Bernard Namok, is emblazoned with a white Dhari (headdress) which is a prominent symbol of Torres Strait Islander peoples. The white five pointed star beneath it symbolises peace, the five major island groups and the navigational importance of stars to the seafaring people of the Torres Strait. The five island groups include:


ITEM NO: C.06.5


Northern Division (Boigu, Dauan, Saibai) Eastern Islander (Darnley, Murray, Stephen) Western Division (St. Pauls, Kubin, Badu, Mabuiag) Central Division (Yorke, Coconut, Warraber, Yam) Southern Division (Thursday Island and Inner Islander, NPA and Mainland Australia)

The green stripes represent the land, the black stripes represent the people, and the blue represents the sea.

References

This is a new Administration Principle of Upper Hunter Shire Council

The Protocols follow those required within “The Protocols for the appropriate use and the Flying of the Flag” (Department of Prime Minister and Cabinet) https://www.pmc.gov.au/government/its-honour

The CEO of Wanaruah Local Aboriginal Land Council has been consulted in the development of this Administration Principle

Review Date

This Administration Principle will be reviewed on 26 June 2020 by the Manager Community Services.

Authorised by: ………………………………………………….. …………………… Waid Crockett, General Manager Date




C.06.6 MERRIWA AGED HOSTEL COMMITTEE


AUTHOR: Tash Taaffe - Community Services Officer

RECOMMENDATION

That Council: 1. Note the minutes of the Merriwa Aged Hostel Committee meeting held on 19 June

2017; 2. Endorse the minutes of the Merriwa Aged Hostel Committee meeting held on 10 April

2017; 3. a) Maintain 100% restriction on the value held of residents’ Accommodation Bonds

(pre 1 July 2014) and Residential Accommodation Deposits (post 1 July 2014) to ensure that funds are available to repay when they fall due b) Note that the level of the amounts held will form part of Council’s investments

made in accordance with the controls and restrictions placed on Council’s investments.

4. Investigate the erection of a fence to be installed across the rear of the Bettington Street Independent Living Units to block vehicle access onto vacant land at back of Gummun Place.

BACKGROUND

The Merriwa Aged Hostel Committee provides advice and recommendations to Council in relation to the provision of a 16 bed aged care facility in Merriwa. The Committee meets every two months looking at the operational and financial aspects of the facility.

Minutes recorded from the last meeting are attached. REPORT/PROPOSAL

The minutes of the ordinary meeting cover operational matters that have been undertaken by Hostel staff including fundraising, the success of the recent Market Day, art workshop, visit from playgroup, daily activities, plans for a new maintenance officer, and ideas for future fundraising and maintenance projects.

The committee also discussed at this meeting ground security and elder abuse. The committee was keen to be part of World Elder Abuse Awareness Day in 2018.

Concerns were raised about vehicles being driven through the independent living units’ property onto Council’s vacant land adjacent to the Hostel. It was suggested that a fence be erected at the back of the units.

ATTACHMENTS

1 Merriwa Aged Hostel Committee - 19 June 2017 - Minutes

2 Merriwa Aged Hostel Committee - 10 April 2017 - Minutes

ATTACHMENT NO: 1 - MERRIWA AGED HOSTEL COMMITTEE - 19 JUNE 2017 - MINUTES ITEM NO: C.06.6


MINUTES OF THE MERRIWA AGED HOSTEL COMMITTEE MEETING - MONDAY 19 JUNE 2017 - 3.30pm

PRESENT: Mrs Deirdre Peebles (Chair), Ms Margaret Witney, Mrs Rose Witney, Mr

Barry Ghersi and Mr Ross Bishop

IN ATTENDANCE: Mr Steve Pryor, Mrs Tash Taaffe, Mrs Suzanne Duggan and Ms Julie Wilton

1. APOLOGIES RECOMMENDATION That the apologies received from Mrs Kerri Cone, Mrs Maree Goodear, Cr Ron Campbell and Jan Cronin be accepted. Moved R Witney Seconded M Witney CARRIED 2. DISCLOSURE OF INTEREST - Nil 3. PREVIOUS MINUTES RECOMMENDATION That the minutes of the Merriwa Aged Hostel Committee Meeting held on 10 April 2017, as circulated, be taken as read and confirmed as a correct record. Moved R Bishop Seconded M Witney CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES - Nil 5. AGENDA ITEMS

5a. Hostel Supervisors Report PURPOSE This report provides information on activities undertaken by the Hostel Supervisor. S Duggan reported no vacancies. The Hostel welcomed new resident Mrs Joan Coleman on the 8th June\ who has settled in well. 3 names are currently on Hostel waiting list, Dr Jasem also has several patients ready to move into the Hostel. There have been two enquiries for respite care in the last two months. Interviews were held for 3 x casual and 1 x permanent part time Personal Care Assistants and a Maintenance Officer this month. HR are currently processing applications. The Hostel unsuccessfully applied for funding for medication training through Essential Skills. There will be more opportunities to reapply later in the year. No compliance issues reported this period. Clinical incident data summary: Infections/UTI – 0 (April), 2 (May); Medication Incidents – 1 dropped (April), 1 dropped (May); Accidents: – 0 (April), 1 near miss (May); Falls– 0 (April), 0 (May); Hazards – (April) power point burnt out in unit 1 (May) washing machine hose repaired. Concerns & suggestions – 0 (April), 0 (May); Continuous improvement – Hostel received 3 second hand beds via Maitland Rotary Club, one has gone into Room 7, one in Room 5 and one is in storage. Two rooms were re-linoed in unit 2 and 14. Still waiting on air conditioning quote from Vero’s. Solar panels are scheduled to be installed before 30 June.



RECOMMENDATION That the Hostel Supervisor’s Report be accepted. Moved R Bishop Seconded B Ghersi CARRIED 5b Treasurer’s Report

PURPOSE

This report provides information on activities undertaken by the Treasurer.

S Pryor distributed My Vitals (31 May 2017). Expenditure going well and on budget. Personal Care wages up at the moment. Capital - solar panels will be installed before end of this financial year, which should offset electricity costs in next financial year. From My Vitals report, Hostel has high occupancy compared to other facilities which is very positive.

Accreditation and Grant Application Report – S Pryor advised Council has received no notification as yet for grant funding applied for a shire wide strategy on aged care (including a feasibility) for the Hostel. No report or update was supplied regarding accreditation. Annual Liquidity Statement – S Pryor recommended to continue to maintain same level of cash coverage for accommodation bonds and resident accommodation deposits as has been held in past years.

RECOMMENDATION TO COUNCIL: That Council: 1. Maintain 100% restriction on the value held of residents Accommodation Bonds (pre

1 July 2014) and Residential Accommodation Deposits (post 1 July 2014) to ensure that funds are available to repay when they fall due.

2. Note that the level of the amounts held will form part of Councils investments made in accordance with the controls and restrictions place on Councils investments.

Moved: R Bishop Seconded: B Ghersi CARRIED RECOMMENDATION That the Treasurer’s Report be accepted.

Moved R Bishop Seconded B Ghersi CARRIED 5c Hostel Activity Officer’s Report

PURPOSE This report provides information on activities undertaken by the Activities Officer. The Hostel hosted a Biggest Morning Tea event which raised $417 on the 26 May. A new indoor sport, bocce, has been introduced which is proving popular. Lowes clothing shop visited in May, from sales generated Lowes provided a $115 voucher which will be used to purchase linen. The Merriwa Create and Grow playgroup visited on 7 June which was very well received by the residents who decorated biscuits with the children for morning tea. RECOMMENDATION That the Hostel Activity Officer’s Report be accepted.

Moved R Bishop Seconded B Ghersi CARRIED

6. ACTION SHEET

6a. Quotes for Shed – T Taaffe and S Duggan met with building and maintenance officer S Seckold in April. One quote has been received to date. The kitchen has also been removed from Council Chambers and is in storage at the Merriwa Pool.



Action: S Pryor to follow up with S Seckold second quote. T Taaffe to lodge DA for shed once shed quotes received. 6b Fundraising – The Merriwa Campdraft committee have asked for confirmation Gummun will do the catering for the October long weekend event (30 September, 1 and 2 October). Committee agreed to do this. Action: T Taaffe to send confirmation email to Merriwa Campdraft Committee.

7. CORRESPONDENCE 19.6.17 Email – Joanne Wilkinson from Commonwealth Home Support Program – Invitation to take part in World Elder Abuse Awareness Day. 8. GENERAL BUSINESS

8a. Elder Abuse Awareness Day - J Wilton would like the Hostel to take part in this event next year (June 15, 2018).

8b. Security – J Wilton requested a security review. Two incidents have incurred in the last 8

weeks involving two young people knocking on residents doors, saying they are looking for a pet but likely to be looking for items of value. People are also using laneway as an access way for vehicles. More lighting, surveillance and/or a fence to block vehicle access near the ILU roundabout would help.

RECOMMENDATION TO COUNCIL: That Council investigate the erection of a fence to be installed across the rear of the Bettington Street Independent Living Units to block vehicle access onto vacant land at back of Gummun Place.

Moved M Witney Seconded B Ghersi CARRIED

Action: S Duggan to report to police any incidents regarding youth trespassing.

8c. Community Garden – T Taaffe said there was interest in starting a Merriwa community

garden. Parks and Gardens recommended the vacant block adjacent to Hostel as a potential site. The Committee agreed this site could be investigated.

Action: T Taaffe to follow up requirements for setting up a community garden with M Pringle.

8d. Arts Therapy – T Taaffe has received quote for $300 to do shared art therapy with the

Merriwa Multipurpose Service (ie $150 from each facility per session). S Pryor advised this quote should be ok to go accept but will review the activities budget for 2017/18 before next meeting. J Wilton will continue to look for grant money to increase frequency of visits.

8e. Christmas in July – J Wilton will run this event again this year on Friday 28 July.

9. NEXT MEETING

Next meeting Monday 14 August 2017 The meeting was declared closed at 4.55.

ATTACHMENT NO: 2 - MERRIWA AGED HOSTEL COMMITTEE - 10 APRIL 2017 - MINUTES ITEM NO: C.06.6


MINUTES OF THE MERRIWA AGED HOSTEL COMMITTEE MEETING - MONDAY 10 APRIL 2017 - 3.30pm

PRESENT: Mrs Deirdre Peebles (Chair), Cr Ron Campbell, Ms Margaret Witney, Mrs Rose Witney, Mrs Maree Goodear and Mr Ross Bishop

IN ATTENDANCE: Mr Steve Pryor, Mrs Tash Taaffe, Mrs Suzanne Duggan and

Ms Julie Wilton

1. APOLOGIES

RECOMMENDATION

That the apologies received from Mrs Kerri Cone and Jan Cronin be accepted. Moved Cr R Campbell Seconded M Witney CARRIED

2. DISCLOSURE OF INTEREST

Nil 3. PREVIOUS MINUTES

RECOMMENDATION

That the notes of the Merriwa Aged Hostel Committee Meeting held on 13 February 2017, as circulated, be taken as read and confirmed as a correct record. Moved M Witney Seconded Cr R Campbell CARRIED

4. BUSINESS ARISING FROM PREVIOUS MINUTES

Nil 5. AGENDA ITEMS

5a Hostel Supervisor’s Report

PURPOSE This report provides information on activities undertaken by the Hostel Supervisor. S Duggan reported no vacancies. Market Day held in March raised $3000. Special thanks to Bindi Frampton, Ray and Carlita McConnell for generous donations on the day. Future improvement requests - reverse cycle air conditioners for the hall ways. Training - 13 staff attended (held in Merriwa) covering food safety, communication, improving team effectiveness, dementia and chronic diseases. S Duggan and J Wilton also attended Youth Mental Health First Aid training in April. Surveys - Resident meal and leisure and lifestyle survey was conducted with a request for hotter (temperature) foods, noted by kitchen staff. Fencing – Hostel cares for several dementia patients. A perimeter fence or hedge would be very helpful to contain the residents if funding available. Clinical incident data summary: UTI – 1 (Feb), 1 (Mar); Medications (1): medication found in residents cup (resolved); Accidents: 1 skin tear; Falls 3 (Feb) 2 (Mar) (two residents have had recurrent falls, staff continuously encourage them to slow down); Hazards – loose hand rails (now repaired).



Maintenance – S Pryor is investigating employment of a part time Hostel maintenance officer 3 days a week with a mower (to remain at Hostel). Continuous Improvement –Kitchen Audit took place in March with Hostel achieving 97% compliance. Issues included - several containers in coolroom insufficient height from ground and some herbs were past best before date. (now addressed). Food Safety Audit – took place 10 April with Hostel receiving an A rating. Areas of improvement identified – replace rusted can opener and clean up sugar spilt on shelf. General maintenance - chips in laminex and tears in linoleum will need addressing in future. Action: T Taaffe to send letter of thanks to Bindi Frampton, Ray and Carlita McConnell RECOMMENDATION

That the Hostel Supervisor’s Report be accepted. Moved Cr Campbell Seconded R Witney CARRIED

5b Treasurer’s Report

PURPOSE This report provides information on activities undertaken by the Treasurer. S Pryor distributed My Vitals (Feb 2017). Expenditure going well and on budget. Food budget up slightly. Hostel capital works – money in budget to replace 3 beds; storage shed ready to proceed; tender going out this month for solar panels. Overall, Hostel continues to operate on budget. The new budget for 2017/2018 includes allowances for fencing, door upgrades, software upgrade, air conditioners and a feasibility study for Hostel expansion ( ie an additional 4 to 8 beds). Accreditation and Grant Application Report – S Pryor advised Council’s grant officer had applied for funding for a shire wide strategy on aged care. This would include a feasibility for the Hostel. No report or update was supplied regarding accreditation. RECOMMENDATION

That the Treasurer’s Report be accepted. Moved M Goodear Seconded M Witney CARRIED

5c Hostel Activity Officer’s Report

PURPOSE

This report provides information on activities undertaken by the Activities Officer.

Seven residents attended lunch excursions this month. A podiatrist visited the Hostel. An Art therapy class was held during Seniors Week with several members of the community also in attendance. Currently seeking grant funding to continue to provide art therapy on a weekly basis for up to 2 hours. Merriwa Create and Grow Playgroup joined residents for morning tea and craft that was very well received by residents. This partnership will continue once a term throughout 2017. Lowes Clothing visited Hostel in April. Karoke and singing remains popular. J Wilton has ordered another two music DVDs. More dance or music would be good if grant funding could be secured. Between 7 and 9 residents are taking part in daily exercises (45 minute sessions). Bingo is very popular and played up to 3 times a week with 10 to 13 residents attending on average. RECOMMENDATION

That the Hostel Activity Officer’s Report be accepted.

Moved R Witney Seconded M Goodear CARRIED



6. ACTION SHEET

6a. Quotes for Shed – T Taaffe and S Duggan met with building and maintenance officer S Seckold in April who will source new quotes for shed and related services. Council Chambers kitchen be refitted in shed. As not all funding needed was secured, shed will need to be built in stages ie shed and floor/ plumbing and toilet installed/electricity connected. S Pryor asked for DA to be applied for once shed quotes received.

Action: T Taaffe to lodge DA for shed once shed quotes received.

6b. Elder Abuse & Medication Policies – S Duggan reported some minor changes to Medication Policy as circulated. Elder Abuse Policy – major change is to chain of command with the provider (ie Director of Corporate and Community Services – S Pryor) ultimately responsible for elder abuse reporting.

RECOMMENDATION

That Council adopt the draft policy – Preventing and Responding to Possible Abuse of Older People who Live at Gummun Place Hostel.

Moved: R Campbell Seconded: M Goodear CARRIED

6c. Feasibility Study – S Pryor advised Council applied for a grant this month to prepare a Strategic Plan on the aged care needs of the Shire, which would incorporate as part of the strategy the individual needs of the Hostel. 6d. WiFi & Ipad for Hostel – S Pryor advised IT are upgrading communications systems in Merriwa, once completed wifi connection will be installed at Hostel. 6e. Budget items– S Pryor advised the new maintenance officer position would be able to carry out most of the maintenance noted in budget (ie fencing, gardening, replace internal doors, apply window film in activity room). The maintenance officer will also be responsible for supervision of volunteers (eg gardening or mowing). A job description for the new position has been drafted and will be put to the Consultative Committee next month. 6f.Fundraising– J Wilton suggested a ‘Jazz in the Vines’ fundraising event in place of the Market Day next year. UH Conservatorium of Music could be involved. Local schools. Incorporate some of the Market Day challenge activities.

7. CORRESPONDENCE

Nil

8. GENERAL BUSINESS

Nil

9. NEXT MEETING Next meeting Monday 19 June 2017 The meeting was declared closed at 4.55pm




DEVELOPMENT REPORTS

D.06.1 LAND AND ENVIRONMENT COURT APPEAL - DEVELOPMENT APPLICATION NO. 27/2016



PURPOSE

The purpose of this report is to inform Council of the outcome of the Land and Environment Court proceedings relating to an appeal in respect of Development Application No. 27/2016 for the subdivision of one lot into two lots at Lot 212 DP1154848, Hunter Road, Moonan Flat.

RECOMMENDATION

That Council note the report provided by Local Government Legal on the Land and Environment Court proceedings of David Casson v Upper Hunter Shire Council in respect of Development Application No. 27/2016.

BACKGROUND

On 22 August 2016, Council resolved to refuse Development Application No. 27/2016 for the subdivision of one lot into two lots at Lot 212 DP1154848, Hunter Road, Moonan Flat. REPORT/PROPOSAL

Following Council’s determination of DA 27/2016, an appeal was lodged by the applicant in the Land and Environment Court on 19 January 2017.

The appeal was heard before Commissioner Dixon of the Land and Environment Court on 25 May 2017. Council was represented by Tony Pickup, Principal Lawyer for Local Government Legal.

On 31 May 2017, Commissioner Dixon handed down her judgment and made orders dismissing the appeal.

A report from Local Government Legal on the proceedings and a copy of the Judgment are provided to Councillors under separate cover. OPTIONS

1. Note the report provided by Local Government Legal. CONSULTATION

Nil STRATEGIC LINKS


ENVIRONMENTAL 3) Protect the natural and built environment and plan for a sustainable future for our Shire and our planet.




b. Delivery Program To provide efficient and effective statutory planning activity, which processes and assesses all development applications in a timely and appropriate manner and complies with all relevant State and local planning legislation. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications The total cost incurred by Council in the proceedings was $35,100. It is unlikely that these costs can be recovered from the applicant. c. Legislative Implications The decision has given some judicial determination in relation to some of the disputed provisions of the Upper Hunter LEP 2013 and will no doubt provide guidance on those provisions in the future. d. Risk Implications Nil e. Other Implications Nil CONCLUSION That the report provided by Local Government Legal be noted.

ATTACHMENTS

1 Letter from Local Government Legal - 7 June 2017 Excluded

2 Copy of Judgment Excluded




ENVIRONMENT/HEALTH REPORTS

E.06.1 BICKHAM EXPLORATION LICENCES



PURPOSE The purpose of this report is to consider a draft submission to the NSW Minister for Resources requesting that Exploration Licences EL5306 and EL5888 held by Bickham Coal Company not be renewed.

RECOMMENDATION That Council endorse the submission to the NSW Minister for Resources requesting that Exploration Licences EL5306 and EL5888 held by Bickham Coal Company Pty Ltd not be renewed.

BACKGROUND Bickham Coal Company Pty Ltd was unsuccessful in its endeavors in 2010 to develop an open cut coal mine at South Bickham. Although the decision by the NSW Government prohibited any future development of an open cut coal mine on the site, it did not prohibit the possible development of an underground coal mine. On 4 April 2012, Council wrote to the Minister for Resources and Energy requesting that Exploration Licences EL5306 and EL5888, held by Bickham Coal Company Pty Ltd, not be renewed following their expiration on 27 May 2012. The licences were subsequently renewed by the Minister on 10 June 2015 for a further term of five (5) years, ending on 27 May 2017. REPORT/PROPOSAL A draft submission to the NSW Minister for Resources requesting that Exploration Licences EL5306 and EL5888 held by Bickham Coal Company Pty Ltd not be renewed is provided in Attachment 1. The request is in line with Council’s adopted position statement on Coal and Coal Seam Gas Activities. OPTIONS 1. Endorse the submission to the Minister for Resources. 2. Endorse the submission with amendments. 3. Not endorse the submission. CONSULTATION

Director Operations.




STRATEGIC LINKS


The Community Strategic Plan 2013+ identifies the community vision for the Local Government Area through the identification of priorities and aspirations for the future. This is done through four key focus areas. Of relevance to the issue of coal mining development are Key Focus Area 3: Protect the natural and built environment and plan for a sustainable future for our Shire and our planet; and Key Focus Area 5: Enhance economic and employment opportunities and promote growth for a sustainable, vibrant future.

b. Delivery Program

Of relevance to the issue of coal mining development are a number of Community Strategic Objectives for town planning including: “Encourage and implement systems for minimisation of the environmental footprint of the Shire, including energy efficiency, and consumption of natural resources”, “Participate in and encourage regional and local alliances with other Councils, government or non-government partners” and “Promote a sense of responsibility within our community to care for our environment and provide for a sustainable future” .

c. Other Plans

Nil IMPLICATIONS

a. Policy and Procedural Implications

The submission is in line with Council’s adopted Position Statement on Coal and Coal Seam Gas Activities dated March 2015.

b. Financial Implications

Nil

c. Legislative Implications

Nil

d. Risk Implications

Nil

e. Other Implications

Nil CONCLUSION

Based on previous advice, it is considered that underground mining on this site would have the equivalent negative environmental impacts as open cut mining and therefore should not be given further consideration, including the renewal of exploration licences.

The effects of renewed exploration licences would continue the uncertainty over the future of the site and the negative effect on local equine investment and retention.

ATTACHMENTS

1 Draft Submission

ATTACHMENT NO: 1 - DRAFT SUBMISSION ITEM NO: E.06.1


Contact Name: Mathew Pringle Contact No: (02) 6540 1139 Our Ref: OUT- /17

20 June 2017 The Hon. Don Harwin MLC Minister for Resources GPO Box 5341 SYDNEY NSW 2001 Dear Minister Exploration Licences EL5306 and EL5888 - Bickham Coal Company The subject exploration licences held by Bickham Coal Company (Bickham) expired on 27 May 2017. Upper Hunter Shire Council, at its meeting held on 26 June 2017, resolved to write to you requesting that Exploration Licences EL5306 and EL5888 not be renewed. The exploration licences are held over the site which, in accordance with the Mining SEPP, is prohibited for open cut mining. In 2010, the Planning Assessment Commission (PAC) recommended that the proposal for an open cut coal mine on the site not proceed to further assessment, due to the specific risks of the proposal to the local hydrology and the adverse effects on conflicting land uses, specifically the Upper Hunter Equine Industry. It is Council’s considered view, based on its expert advices, that potential underground mining on this site would have the equivalent negative impacts as open cut mining and therefore is not worthy of further consideration, including further exploration. This is in line with Council’s Position Statement on Coal and Coal Seam Gas activities adopted on 23 March 2015, a copy of which is attached. The effects of renewed exploration licences would continue the uncertainty over the future of the site and deleterious effect on local equine investment and retention and would be in contrast to the positive conversations we have been having with State Government Ministers since the release of the Hunter Regional Plan. Accordingly, Upper Hunter Shire Council respectfully requests that EL5306 and EL5888 not be renewed. Yours sincerely Wayne Bedggood MAYOR




FINANCE REPORTS

F.06.1 MAKING THE RATES 2017/18


AUTHOR: Steve Pryor - Director Operations

PURPOSE

The Delivery Program & Operational Plan for 2017/18 incorporated the rates and charges proposed to be levied for the year commencing 1 July 2017. Council is statutorily required to separately make the rate following the adoption of the Delivery Program & Operational Plan.

RECOMMENDATION

That Council make the following rates and charges for the year commencing 1 July 2017 to 30 June 2018:

1. Rates

The following Ordinary Rates be now made for the year commencing 1 July 2017.

Category Sub Category Ad-valorem Amount

Cents in $

Minimum Rate $

Farmland 0.43065 508.00Residential Aberdeen 0.58700 508.00

Cassilis 0.58700 490.00Merriwa 0.58700 508.00Murrurundi 0.58700 508.00Scone 0.88240 508.00Ordinary 0.60600 490.00

Business Aberdeen 0.82550 508.00Merriwa 0.82550 508.00Murrurundi 0.82550 508.00Scone 0.97200 508.00Ordinary 0.57500 490.00

Mixed Development Residential

Merriwa 0.58700 508.00Murrurundi 0.58700 508.00Scone 0.88240 508.00

Mixed Development Business

Merriwa 0.82550 508.00Murrurundi 0.82550 508.00Scone 0.97200 508.00

Mining 50.57500 45.00

2. Water Charges

i) A Water Service Availability Charge is charged for each service to the property in respect of land that is supplied with water from a water pipe of the Council and land that is situated within 225 metres of a water pipe of the Council (whether or not actually supplied with water from any water pipe of the Council). The Water Service Availability Charge is based on the service size of the connection to the water supply line.




The Water Service Availability Charges for the 2017/18 Financial Year are:

Service Size

Aberdeen/ Scone $

Cassilis/ Merriwa $

Murrurundi $

Availability Charge (Not Connected) 160.00 160.00 180.00Availability Charge (Connected)

20mm 206.00 206.00 276.0025mm 322.00 322.00 431.0032mm 528.00 528.00 706.0040mm 825.00 825.00 1,103.0050mm 1,289.00 1,289.00 1,723.0080mm 3,300.00 3,300.00 4,411.00

100mm 5,156.00 5,156.00 6,892.00150mm 11,601.00 11,601.00 15,507.00200mm 20,624.00 20,624.00 27,568.00

ii) A Consumption Tariff is to be charged per kilolitre for all water supplied. The

water consumption tariffs for the 2017/18 Financial Year are:

Consumption Tariff

($/Kl) Aberdeen/ Scone $

Cassilis/ Merriwa $

Murrurundi $

Residential First 75Kl/Qtr 2.13 2.13 2.45Over 75Kl/Qtr 3.30 3.30 3.30

Kidney Dialysis Users

1.08 1.08 1.08

Non-Residential Scone Saleyards 1.49 NA NAPrimo Scone Abattoir 1.49 NA NACouncil parks and gardens, cemeteries, pools, etc 0.92 0.92 0.92Other 2.25 2.25 3.18

3. Sewer That Council hereby prescribes and orders under Section 501 of the Local Government Act 1993, the following sewer charges be now made for the 2017/18 Financial Year. An annual charge for sewer is applicable to each rateable assessment except: a) land which is more than 75 metres from a sewer of the Council and is not

connected to the sewer; and b) land from which sewage could not be discharged into any sewer of the Council.




i) Residential Sewer Charges

A Sewer Service Availability Charge is charged in respect of each Residential assessment for which the service is provided or is proposed to be provided. The Sewer Service Availability Charges for the 2017/18 Financial Year are: Residential Sewer Availability Charge (Vacant) $414.00Residential Sewer Charge (Occupied) $552.00

ii) Non-Residential Sewerage Charges

Non-Residential Sewer Charges will be based on the following formula: SC = SDF x (AC + (C x UC)) SC = Sewerage Charge

SDF = Sewerage Discharge Factor AC = Availability Charge C = Total water consumption for meter UC = Sewer Usage Charge

The Sewer Service Availability Charges for the year commencing 1 July 2017 are: Service Size Charge $ Availability Charge (Not Connected) Availability Charge (Connected) 20mm 665.00

25mm 819.0032mm 999.0040mm 1,338.0050mm 1,672.0080mm 2,672.00

100mm 3,341.00150mm 5,010.00200mm 6,681.00

The Sewer Usage Charge for the 2017/18 Financial Year is: Sewer Usage Charge ($/Kl) Non-Residential $1.06 per Kl x discharge factor

Discharge Factors required for non-residential properties will be determined on an individual property basis.

iii) Capital Contributions

Contributions to Morse Street Sewer - $1,160 per annum. Capital contributions for the extension of the Sewer System to Morse Street Scone area to be raised annually for seven properties for a 20 year period. Final payment is due 2025/26 and there are no CPI increases.




iv) Trade Waste Charges

2017/18 Charge $ Annual Charges 439.00Multi installation (per equivalent tenement)

439.00

Application Fee Class 1 +2 91.00Class 3 949.00Re-inspection fee 126.00Non Compliance fee (per Kl) 19.00Excess Mass charge for Class 3 discharges ($/kg)

Please refer to Attachment 1 Fees & Charges Schedule

4. Waste Charges Council do hereby prescribe and order under Section 496 of the Local Government Act 1993 for rateable land categorised for rating purposes as residential or farmland and situated within the area in which a Domestic Waste Management Service is able to be provided, that the following waste charges be now made for the year commencing 1 July 2017. Domestic Waste Management Charges Category

Per Annum $

Domestic Aberdeen, Scone, villages *1 351.00Cassilis, Merriwa 351.00Blandford, Murrurundi 345.00State Government Levy *2 79.60

Vacant Land Aberdeen, Gundy, Parkville, Scone, Wingen 86.00Bunnan, Moonan Flat (fortnightly service) 86.00Cassilis, Merriwa 86.00Blandford, Murrurundi 86.00

Recycling Aberdeen, Blandford, Bunnan, Cassilis, Gundy, Merriwa, Moonan, Murrurundi, Parkville, Scone and Wingen

105.00

Domestic charges include rateable and non-rateable assessments. Pro-rata charges are applied.

*1 Villages serviced by domestic waste management kerbside collection – Bunnan, Gundy, Moonan Flat, Moonan Brook, Parkville, Wingen

*2 State waste levy increases by the CPI each year

1. Charge applies to vacant rateable land situated within the area in which a Domestic Waste Management Service is able to be provided

2. Each premise is entitled to one approved mobile waste bin mixed waste service per week and one fortnightly collection of recyclable material for each Domestic Waste Management Service Charge.




3. Each premise is entitled to one approved mobile waste bin mixed waste service per week for each Additional Domestic Waste Management Service Charge.

Council do hereby prescribe and order under Section 501 of the Local Government Act 1993, for land not categorised for rating purposes as residential or farmland and situated within the area in which a Waste Management Service is able to be provided, that the following waste charges be now made for the year commencing 1 July 2017. Waste Management Service Charge Category

Per Annum $

Commercial Aberdeen, Scone, villages 394.00Cassilis, Merriwa 394.00Blandford, Murrurundi 370.00State Government Levy 79.60

Each premise is entitled to one approved mobile waste bin mixed waste service

per week and one fortnightly collection of recyclable material for each Waste Management Service Charge.

Each premise is entitled to one approved mobile waste bin mixed waste service per week for each Additional Waste Management Service Charge.

Council do hereby order under Section 501 of the Local Government Act 1993 that land that is categorised for rating purposes as Farmland or Residential Other or Business Other will incur a charge to fund activities that are not part of normal waste collection and disposal and that the following charge be now made for the year commencing 1 July 2017:

Environmental Waste Control All rural areas $45.00

5. Stormwater Management Services Charges

Council do hereby prescribe and order under Section 496A of the Local Government Act 1993, for land situated within the designated stormwater area, that the following stormwater charges be now made for the year commencing 1 July 2017. Stormwater Charge $25.00Stormwater Charge – Strata Lots $12.50

6. Onsite Sewerage Management System – Approval to Operate Fee

Council do hereby determine a charge for all ratepayers who have an onsite sewerage system on their property and hereby make the charge for 2017/18 as follows: Onsite Sewerage Management Charge per assessment $60.00




7. Interest on Overdue rates and Charges Council do hereby determine and order, in accordance with Section 566 of the Local Government Act 1993, that if rates and charges are unpaid at the due date, the amount shall be increased by a sum calculated at seven and one half per cent (7.5%) per annum, simple interest, calculated daily for the year commencing 1 July 2017.

8. Hunter Local Land Services

Council in accordance with Clauses 36 and 40, Part 4, of the Local Land Services Regulation 2014, as advised by Hunter Local Land Services, levy a Hunter Catchment Contribution in 2017/18 a rate of 0.0110 (zero point zero one one zero) of a cent in the dollar on the current land value of the land within the Council area. By virtue of these provisions the Council is authorised, empowered and required to levy the said Catchment contribution on the land.

BACKGROUND The Delivery Program & Operational Plan for the period 1 July 2017 to 30 June 2018 incorporates the revenue policies for rates and charges proposed to be levied for 2017/18. Council is required to separately make the rates and charges for the financial year commencing 1 July 2017 in accordance with Sections 534, 535, 538 & 548 of the Local Government Act 1993. REPORT/PROPOSAL Council’s Delivery Program & Operational Plan for 2017/18, inclusive of the budget and revenue statements with respect to each Ordinary and Special Rates and Charges proposed to be levied, was resolved to be placed on public exhibition by Council at its Ordinary Meeting of 24 April 2017. Council’s Delivery Program & Operational Plan 2017/18 is being considered for adoption at this meeting of Council. In accordance with Sections 534, 535, 538 & 548 of the Local Government Act 1993, Council is required to make the rates and charges for the financial year commencing 1 July 2017. Extracts of the relevant sections of the Act are reproduced below for Councils information.

Section 534 Rate or charge to be made for a specified year

Each rate or charge is to be made for a specified year, being the year in which the rate or charge is made or the next year.

Section 535 Rate or charge to be made by resolution

A rate or charge is made by resolution of the Council.

Section 538 Form of resolution for special rate

(1) In the resolution that makes a special rate, the council must state whether the special rate is to be levied on all rateable land in the council’s area or on only a part of that land.

(2) If the special rate is to be levied on only a part of that land, the council must specify in the resolution the part on which it is to be levied.




Section 548 Minimum amounts

(1) A council, in a resolution making a rate consisting of an ad valorem amount:

(a) may specify a minimum amount of the rate which must be levied in respect of each separate parcel, or

(b) may specify:

(i) a minimum amount of the rate which must be levied in respect of each separate parcel, other than a separate parcel consisting of vacant land, and

(ii) a minimum amount of the rate, being less than the minimum amount of rate specified under subparagraph (i), which must be levied in respect of each separate parcel consisting of vacant land, or

(2) If a council makes an ordinary rate for different categories or sub-categories of land, it may specify a different minimum amount for each category or sub-category of land.

(3) Except as provided by subsection (4), the minimum amount of a rate is to be:

(a) in respect of an ordinary rate, such amount as is determined by the council, not exceeding $259 or such greater amount as may be prescribed by the regulations or, in the case of a rate for which a particular council may, under subsection (1) or (2), specify a minimum amount, such greater amount as the Minister may determine by instrument in writing, or

(b) in respect of any other rate (not being a water supply special rate or a sewerage special rate), such amount as is determined by the council, not exceeding $2 or such greater amount as the Minister may determine by instrument in writing given to the council.

(4) If the minimum amount of an ordinary rate for the previous year exceeded the amount prescribed or determined in respect of such a rate under subsection (3) (a), the council may determine the minimum amount of the ordinary rate in accordance with subsection (5).

(5) The minimum amount of the ordinary rate must be of such amount as is

determined by the council, not exceeding the amount of the minimum ordinary rate for the previous year increased by the percentage (if any) specified in respect of the council under this Act.

(6) A minimum amount of a rate is not invalid because:

(a) the minimum amount is levied on the whole or any part of the land subject to the rate, or

(b) of the size of the minimum amount.

(7) A council may not specify a minimum amount of a rate consisting of a base amount to which an ad valorem amount is added.

(8) A minimum amount of a rate specified for a parcel of land may not differ from a minimum amount specified for any other parcel of land within the same category or sub-category unless:




(a) the land values of the parcels were last determined by reference to different base dates, and

(b) the Minister approves the different minimum amounts. OPTIONS Provided that no changes have been made by Council with respect to each Ordinary and Special Rates and Charges proposed to be levied as advertised within the Revenue Statement of the Delivery Program & Operational Plan, Council will need to make the rate as detailed in the recommendation to this report. If Council has resolved to alter any of the advertised Ordinary and Special Rates and Charges, then the appropriate change to the rate or charge will need to be made prior to making the rate. CONSULTATION

Councillors General Manager Directors Managers Community

STRATEGIC LINKS a. Community Strategic Plan 2013+ CIVIC LEADERSHIP 7) Provide community leadership through open, accountable and efficient governance.

24. Effectively and efficiently manage the business of the Council within its Charter. b. Delivery Program The Rates and Charges are incorporated within the Delivery Program & Operational Plan and provide the majority of the funding for the operations of Council for the following years. c. Other Plans Nil. IMPLICATIONS a. Policy and Procedural Implications N/A b. Financial Implications The draft Delivery Program & Operational Plan includes budgetary allocations for 2017/18 and the levying of rates and charges provides a significant portion of the required funds for Councils operations.




c. Legislative Implications The making of the rates and charges for the year commencing 1 July 2017 satisfies legislative obligations under Sections 534, 535, 538 & 548 of the Local Government Act 1993. d. Risk Implications If Council does not make the rates and charges as required under the Local Government Act 1993, Council may be exposing itself to the possibility of a legal challenge on the validity of any rates and charges levied in 2017/18. e. Other Implications Nil CONCLUSION The making of the rates and charges for the year commencing 1 July 2017 satisfies legislative obligations under Sections 534, 535, 538 & 548 of the Local Government Act 1993 and ensures Council’s rates levied in 2017/18 are legally raised.

ATTACHMENTS

Nil.




GENERAL ADMINISTRATION REPORTS G.06.2 133 KELLY STREET SCONE



PURPOSE The purpose of this report is to ensure that the property located at 133 Kelly Street Scone is classified as operational land upon purchase by Council.

RECOMMENDATION That Council resolve to classify Lot 2 DP 222497 and Lot B DP 163495 as operational land.

BACKGROUND Council resolved to purchase 133 Kelly Street, Scone at its March 2017 Council meeting. The purpose of the property purchase is to provide access between Kelly Street and Farram Lane and to provide a location for public amenities within Kelly Street. The purchase price of $125,000 was negotiated following the resolution of Council and contracts were exchanged on 16 May 2017. Settlement occurred on 31 May 2017. Council has also engaged Upper Hunter Architects to provide some concept drawings showing possible uses of the property following redevelopment. The intention is to retain the Kelly Street façade which is in keeping with the neighbouring property façade and retains the Kelly Street Heritage value. The site is proposed to include commercial retail space and public amenities, an uncovered walkway to Farram Lane, outdoor green space and landscaping. This would require the removal of the existing roof structure, installation of a new roof and bracing, removal of the existing timber flooring and installation of on-grade flooring. Accessibility will be a key design parameter. REPORT/PROPOSAL Council is required to classify the land within three (3) months of the date of purchase. If the land is not classified within that timeframe, the default position is that the land is classified as community land which then imposes restrictions on how it can be used and developed in the future. OPTIONS 1. To classify the land as operational land 2. To classify the land as Community land




CONSULTATION

Local Government Legal General Manager Upper Hunter Land Committee

STRATEGIC LINKS a. Community Strategic Plan 2013+ ENVIRONMENTAL

3) Preserve the local heritage of indigenous and modern cultures for the benefit of the future 13. Identify and preserve heritage items

ECONOMIC 5) Enhance economic and employment opportunities and promote growth for a

sustainable, vibrant future 16. Support and develop a thriving and growing business community with

increased employment b. Delivery Program Facilitate and provide for a growing population, including, for example, affordable housing, community amenities, health and welfare services. The purchase and maintenance of commercial properties as required. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The property has been purchased in accordance with all policies and procedures. b. Financial Implications The property purchase will be funded from the real estate budget. The cost of redevelopment of the property is to be determined once detailed design has been completed. Council will look to develop retail spaces that will generate lease revenue to service the cost and maintenance of the property. c. Legislative Implications Nil d. Risk Implications This project is a combination of public assets (public amenities and green space) as well as commercial assets (retail/commercial spaces). The risk is that the property is not tenanted.




e. Other Implications Nil CONCLUSION The purchase of 133 Kelly Street provides an opportunity to meet some of the outcomes of the Scone Master Plan whilst retaining some retail space within the site. To do this will require it to be classified as operational land.

ATTACHMENTS





G.06.3 ROAD CLOSURE - UPPER DARTBROOK ROAD


AUTHOR: Jamie Catzikiris - Survey Design Engineer

PURPOSE The purpose of this report is to seek Council’s approval for an application received by Mr Steve Newling to permanently close of a section of unformed road along Upper Dartbrook Road as part of a land swap with the adjoining owner.

RECOMMENDATION That Council endorse the Part Road Closure of the section of Upper Dartbrook Road as shown in the report (Attachments A & B)

BACKGROUND In 2014, Council received a Development Application by the owner (Mr. Steve Newling), for a two (2) Lot Subdivision of Lot 175 in DP 45618 along Upper Dartbrook Road Scone. It was noted at the time that Council’s designated Road Reserve did not encompass the existing Upper Dartbrook gravel road. A subsequent condition was placed on the Development Approval ensuring that all parts of the existing road formation of Upper Dartbrook Road be located within a road reserve as part of the Subdivision. An agreement was reached with Council to undertake a land swap with the applicant in lieu of compensation for the area of his land dedicated to the new road reserve (ie. Close one section & open another). REPORT/PROPOSAL Within the Upper Hunter Shire there are numerous sections of the existing road network located outside the designated Public Road Reserve. When opportunities arise through Capital Works or Private Development, Council is always keen to amend any issues through road widening or road opening/closures. Through consultation with the owner (Mr. Steve Newling), an agreement was reached as part of a subdivision (DA 111/2014) to close a section of unformed Upper Dartbrook Road in lieu of opening a new road reserve over the existing gravel road. On 31 March 2016, the Subdivision Plan was registered (DP1213255 – Attachment C) with the new Lot 3 being dedicated to the public as road under Section 9 of the Roads Act 1993. A new plan for First Title Creation and Road Closing under the Roads Act depicting the part of Upper Dartbrook Road to be closed, has now been submitted to Council for approval. Once endorsed, Council will advertise in the local paper, inform adjoining owners and utility companies before applying to Department of Industry, Lands & Forestry (former Crown Lands Department) for their official approval.




OPTIONS 1. Council endorse the closure of part of Upper Dartbrook Road, as shown in this report

(Attachments A & B). An agreement has already been sort by Council and the applicant, as part of DA 111/2014. The advantage of this option is that Council is able to rectify its Road Reserve with minimal resources. By undertaking a land swap with the owner, there is no additional cost to Council. There is no disadvantage to Council as this section of road is unformed. Therefore, this option is recommended.

2. Council not consent to the proposed closure, not honour its agreement and all processing fees to be reimbursed to the applicant. For the reason stated above, this option is not recommended.

CONSULTATION

Letters will be sent to adjoining properties and Utility companies for comment. Further consultation/consent will be sought by Department of Industry, Lands & Forestry (former Crown Lands Department) for their official approval.

STRATEGIC LINKS a. Community Strategic Plan 2013+ Effectively and efficient manage the business of Council within its Charter b. Delivery Program Advocate, facilitate and provide traffic management and public transport facilities to meet the needs of the community. c. Other Plans Not applicable IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications All costs associated with surveying the road to be opened, the road to be closed, plan preparations, legal and lodgement fees will be at the applicant’s expense as part of the Conditions of Consent for the original Development (i.e. DA 111/2014), with no costs to Council. c. Legislative Implications Section 44 of the Roads Act 1993 provides that:

Land forming part of a former public road may be given, by or with consent of the person in whom it is vested, in compensation for other land acquired for the purposes of this act.




d. Risk Implications Nil e. Other Implications Nil CONCLUSION That Council grant consent to an application received by Mr Steve Newling to permanently close of a section of unformed road along Upper Dartbrook Road as part of a land swap with the adjoining owner. The owner has already surveyed and dedicated land to Council as part of his subdivision (DA 111/2014)

ATTACHMENTS

1 Attachment A - Location of Road Closure

2 Attachment B - Road Closure Plan

ATTACHMENT NO: 1 - ATTACHMENT A - LOCATION OF ROAD CLOSURE ITEM NO: G.06.3


ATTACHMENT NO: 2 - ATTACHMENT B - ROAD CLOSURE PLAN ITEM NO: G.06.3





G.06.4 REQUEST FOR FINANCIAL ASSISTANCE - 2017 SCONE SHORT FILM FESTIVAL



PURPOSE A request has been made for Council to provide sponsorship to the 2017 Scone Short Film Festival.

RECOMMENDATION That Council provide financial assistance to the value of $2,000 to assist with the running of the 2017 Scone Short Film Festival.

BACKGROUND Scone Films Inc has requested that Council provide financial support to assist with the running of the Scone Short Film Festival for 2017. The Festival focuses on providing a range of short films that are representative of Australian directing and acting talent. REPORT/PROPOSAL Council has supported the event over a number of years. An allowance has been made in the 2017/18 budget. OPTIONS 1. Accept the recommendation and provide donation to the value of $2,000. 2. Amend the recommendation and provide an alternative amount. 3. Reject the recommendation and not provide financial assistance. CONSULTATION Nil STRATEGIC LINKS a. Community Strategic Plan 2013+ SOCIAL 1) Promote wellbeing, through health, education, recreation and culture for a healthy, vibrant

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




b. Delivery Program To promote and financial support cultural activities in the Shire and encourage civic pride. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The request falls within sections 4(b) and (c) of the Grants and Subsidies Policy as it both promotes an event for a local town and the Shire as a whole. However, the request falls outside of the policy due to the value, and is accordingly referred to Council for determination. Council has provided similar donations over the past few years. b. Financial Implications This request is applicable to the 2017/18 Budget. The proposed donation of $2,000 can be made available under the Cultural Services Budget. c. Legislative Implications Nil d. Risk Implications All events require a risk evaluation to be undertaken prior to the event. e. Other Implications Nil CONCLUSION It is recommended that assistance be provided to the Scone Short Film Festival for 2017.

ATTACHMENTS

1 Scone Films - request for financial assistance

ATTACHMENT NO: 1 - SCONE FILMS - REQUEST FOR FINANCIAL ASSISTANCE ITEM NO: G.06.4





G.06.5 REQUEST FOR DONATION - MURRURUNDI PRE-SCHOOL



PURPOSE The purpose of this report is for Council to consider providing financial assistance to Murrurundi Pre-school for establishment of a vegetable garden.

RECOMMENDATION That Council provide a donation of $250 to Murrurundi Pre-School to assist towards establishing a vegetable garden.

BACKGROUND Council has received a request to provide a donation towards a establishing a garden program for the pre-school. REPORT/PROPOSAL A request has been received from Murrurundi Pre-school for financial assistance towards the establishment of a garden at the Murrurundi Pre-school. The total cost of the project is estimated at $1,454. The request fall outside of Council’s Donations Policy however it is felt that Council may wish to provide some funding towards the project. OPTIONS 1. Accept the recommendation. 2. Provide an alternate contribution. 3. Decline the request. CONSULTATION

Director Operations STRATEGIC LINKS a. Community Strategic Plan 2013+ SOCIAL

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

b. Delivery Program The following objective is identified under Social Protection:




To work with local organisations and community groups to provide a safe community,

encouraging a healthy lifestyle through education and promotion to residents of Upper Hunter Shire.

c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Council has a Donations Policy which was last adopted 31 October 2016. This amount is outside of the policy. Council can however consider making a donation of this amount. b. Financial Implications The donation amount of $250 is available within Council’s donations budget. c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil CONCLUSION The recommendation is to provide a donation to Murrurundi Pre-School for establishing a school garden with the purpose of educating children.

ATTACHMENTS

1 Murrurundi Pre-School - Request for financial assistance

ATTACHMENT NO: 1 - MURRURUNDI PRE-SCHOOL - REQUEST FOR FINANCIAL ASSISTANCE ITEM NO: G.06.5





G.06.6 REQUEST FOR DONATION - SCONE NEIGHBOURHOOD RESOURCE CENTRE



PURPOSE The purpose of this report is to consider a request from the Scone Neighbourhood Resource Centre to waive the fees associated with hiring White Park for ‘Christmas in the Park’.

RECOMMENDATION That Council provide a donation of $220, being the fee applicable for the hire of White Park on 2 December 2017.

BACKGROUND Scone Neighbourhood Resource Centre has written to Council requesting that the fees applicable for hiring White Park be waived for Christmas in the Park event to be held on 2 December 2017. REPORT/PROPOSAL The Christmas event is free to the Community, and involves live music, children’s carnival rides, face painting, chocolate wheel, Santa and a variety of food. This year the Neighbourhood Centre is including Fireworks at the event which has required them to move the event from Elizabeth Park to White Park, Scone Council has previously supported this event. OPTIONS 1. Provide a donation of $220 2. Provide an alternative amount 3. Not provide a donation CONSULTATION


2) Promote wellbeing through health, education, recreation and culture for a healthy, vibrant and fulfilling life for our community, 7. Facilitate healthy lifestyles through participation by and in partnership with the community in sports and cultural activities.




b. Delivery Program To promote and financially support cultural activities in the Shire and encourage civic pride. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The request falls within sections 4(b) and (c) of the Grants and Subsidies Policy as it both promotes an event for a local town and the Shire as a whole. b. Financial Implications This request is applicable to the 2017/18 Budget. The proposed donation of $220 will be available under that budget. c. Legislative Implications Nil d. Risk Implications All events require a risk evaluation to the undertaken prior to the event. e. Other Implications Nil CONCLUSION It is recommended that Council provide a donation to the Scone Neighbourhood Resource Centre to the value of fees applicable totaling $220 for 2017 Christmas in the Park event on 2 December 2017.

ATTACHMENTS

1 Scone Neighbourhood Resource Centre - Request to Waive Fees

ATTACHMENT NO: 1 - SCONE NEIGHBOURHOOD RESOURCE CENTRE - REQUEST TO WAIVE FEES

ITEM NO: G.06.6





G.06.7 REQUEST FOR DONATION - SCONE LITERARY FESTIVAL



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

RECOMMENDATION That Council provide a donation to the value of $1,000 to the Scone Literary Festival for their 2017 event.

BACKGROUND The Scone Literary Festival (Formerly Scone Literary Long Weekend) is to be held from 11 & 12 November 2017. Council has provided financial assistance for this event in previous years. REPORT/PROPOSAL This year’s event will be based around the theme ‘Making Connections’. It will focus on a variety of connections – historical connections, how reading and writing connects individuals and also identifies the connections made by attendees at the festival. Several renowned authors will feature on the program. It is proposed to provide some financial support as the event will attract visitors to the area. It is noted that three staff members are involved in the Committee with two holding the positions of President and Secretary. OPTIONS 1. Agree to provide a donation of $1,000 2. Provide a donation to a different value 3. Not provide a donation to the event CONSULTATION


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




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

community in sports and cultural activities. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The request fits within Council’s donation policy Section 6(d) however the suggested contribution amount within this policy is $200. b. Financial Implications Under the preferred option, the financial implications will be $1,000 which is available within the Donations/Sponsorship budget. c. Legislative Implications Nil d. Risk Implications All events require a risk evaluation to be undertaken prior to the event. e. Other Implications Nil CONCLUSION The recommendation is to provide a donation to the Scone Literary Festival to the value of $1000.

ATTACHMENTS

1 Scone Literary Festival - Request for Financial Assistance

ATTACHMENT NO: 1 - SCONE LITERARY FESTIVAL - REQUEST FOR FINANCIAL ASSISTANCE ITEM NO: G.06.7





G.06.8 REQUEST TO WAIVE FEES - MERRIWA LITTLE SPROUTS



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

RECOMMENDATION That Council provide a donation to the value of the fees of $184 being the fees applicable for the hire of the Merriwa School of Arts on 25 August 2017.

BACKGROUND Merriwa Central School has written to Council requesting that the fees applicable for hiring the Merriwa School of Arts on 25 August 2017 be waived. Merriwa Central School organises an annual Little Sprouts Community Reading Day where students from surrounding schools come together to read with members of the community at local businesses and take part in various activities. They are hosting 250 children and providing recess, lunch, activities and books for all participants. REPORT/PROPOSAL Council has previously supported the event over a number of years. The school is happy to provide acknowledgement of Council’s assistance at the event. OPTIONS 1. Accept the recommendation and provide donation. 2. Amend the recommendation and provide an alternative amount. 3. Reject the recommendation and not provide a donation. CONSULTATION

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

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

community in sports and cultural activities.




b. Delivery Program To promote and financially support cultural activities in the Shire and encourage civic pride. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The request falls within sections 4(b) and (c) of the Grants and Subsidies Policy as it both promotes an event for a local town and the Shire as a whole. b. Financial Implications This request is applicable to the 2017/18 Budget. The proposed donation of $184 is available under that budget. c. Legislative Implications Nil d. Risk Implications All events require a risk evaluation to be undertaken prior to the event. e. Other Implications Nil CONCLUSION The recommendation is to provide assistance to the Merriwa Little Sprouts Community Reading Day to be held on 25 August 2017 at the Merriwa School of Arts.

ATTACHMENTS

1 Merriwa Central School - Request for fees to be waived

ATTACHMENT NO: 1 - MERRIWA CENTRAL SCHOOL - REQUEST FOR FEES TO BE WAIVED ITEM NO: G.06.8





POLICY MATTERS

H.06.1 COUNCIL POLICIES



PURPOSE The purpose of this report is to update Council policies.

RECOMMENDATION That Council adopt the following updated policies:

1. Council Properties – Policy – Disposal of Surplus Council Land and Buildings. 2. Personnel – Policy – Work Health and Safety

BACKGROUND Council is required to maintain a set of policies that are current and meet the requirements for Council to operate under. Council must review all policies within 12 months of a new Council being formed, but also need to review and update policies as necessary to keep their content up to date. REPORT/PROPOSAL The following policy has been reviewed and updated as indicated by the tracked changes in the attached document. The changes are highlighted below:

1. Council Properties – Policy – Disposal of Surplus Council Land and Buildings Minor amendments to names and dates

2. Personnel – Policy – Work Health and Safety Minor amendments to dates

OPTIONS 1. Accept the modified policies. 2. Amend the modified policies. CONSULTATION

Director Operations General Manager

STRATEGIC LINKS a. Community Strategic Plan 2013+ CIVIC LEADERSHIP 7) Provide community leadership through open, accountable and efficient governance.




b. Delivery Program Effectively manage the business of Council within its Charter. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Policies are due for ratification by Council. b. Financial Implications Nil c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil CONCLUSION It is recommended that the amended policy be adopted.

ATTACHMENTS

1 Council Properties - Policy - Disposal of Surplus Council Land and Buildings

2 Personnel - Policy - Work Health and Safety

ATTACHMENT NO: 1 - COUNCIL PROPERTIES - POLICY - DISPOSAL OF SURPLUS COUNCIL LAND AND BUILDINGS

ITEM NO: H.06.1



ITEM NO: H.06.1


ATTACHMENT NO: 2 - PERSONNEL - POLICY - WORK HEALTH AND SAFETY ITEM NO: H.06.1





INFRASTRUCTURE REPORTS

I.06.1 SCONE TO MURRURUNDI PIPELINE - CROWN LAND ACQUISITION


AUTHOR: Chris Agosto - Project Manager PURPOSE

The purpose of this report is for Council to consider the acquisition of easements effecting Crown Lands required for the construction of the Scone to Murrurundi pipeline.

RECOMMENDATION

That Council resolves to: 1. Proceed with the acquisition of easements for water pipeline effecting the following

Crown Lands: Lot 510 DP 1089855 Lot 7003 DP 93485 Lot 7011 DP 1060346 Lot 306 DP 750965 Lot 701 DP 93338 Lot 7305 DP 1149694 Lot 7018 DP 1001439 Lot 7301 DP 1138271; and

2. Authorise acquisition of the easements effecting Crown Lands by Compulsory Acquisition; and

3. Authorise making an application to the Minister for Local Government; and 4. Provide delegated authority to the General Manager to negotiate prices for pipeline

easements; and 5. Provide delegated authority to the General Manager and Mayor to affix the seal where

necessary and sign documents in relation to the transfer of the easements to Council.

BACKGROUND The Scone to Murrurundi Pipeline alignment follows the road reserve for the majority of its length. There are places along the route, however, where:

the alignment crosses over a portion of Crown Land, or there is not enough room to fit the pipeline between the edge of the road and the road

reserve boundary due to uneven and sloping ground and the pipeline has to run along the side of the road reserve in a portion of Crown Land.

The pipeline alignment will therefore require easements over eight portions of Crown Land. Advice from the Department of Industry - Lands is that easements over Crown Lands must be acquired by Councils using the process of Compulsory Acquisition outlined in the Land Acquisition (Just Terms Compensation) Act 1991. The application for the compulsory acquisition of land requires a copy of the official minutes of Council’s resolution to:

authorize acquisition by compulsory process, and authorize making an application to the Minister.




REPORT/PROPOSAL The effected Crown Lands are described below. The proposed alignment of the pipeline is shown on the following plans. The proposed pipeline easements all have a width of 5 metres. It must be noted that all of these parcels of Crown Land are subject to a Native Title claim and six of them (all but Lot 510 and Lot 7301) have Aboriginal land claims lodged on them by Wanaruah Local Aboriginal Land Council. The claimants will have to be consulted as part of the Compulsory Acquisition process. Lot 510 DP 1089855 This lot is the Travelling Stock Reserve (TSR) in the gully approximately 350m north of the Scone Reservoirs. The proposed easement on Lot 510 is 130m long and is shown in Figure 1 below.

Figure 1 – Lot 510 DP 1089855




Lot 7003 DP 93485 This lot is the (TSR) on the northern outskirts of Parkville where the pipeline has to negotiate a culvert. The proposed easement on Lot 7003 is 283m long and is shown in Figure 2 below.

Figure 2 – Lot 7003 DP 93485

Lot 7011 DP 1060346 and Lot 306 DP 750965 These lots are not on the main pipeline to Murrurundi but are on the pipeline offshoot to the Wingen village reservoir where it crosses Kingdon Ponds Creek. The proposed easement on Lot 7011 is 10m long just after the pipeline passes across the bridge. The proposed easement on Lot 306 is 160m along the unsealed road as shown in Figure 3 below. These lots are part of the Wingen Common Trust.

Figure 3 – Lot 7011 DP 1060346 and Lot 306 DP 750965




Lot 701 DP 93338 This lot is the (TSR) on the northern outskirts of Wingen where the pipeline has to negotiate a culvert. The proposed easement is 100m long and is shown in Figure 4 below.

Figure 4 – Lot 701 DP 93338




Lot 7305 DP 1149694 and Lot 7018 DP 1001439 These lots are where the pipeline crosses Kingdon Ponds Creek at Murulla, just south of Wrights Road. Lot 7305 is the land immediately south of Kingdon Ponds Creek, while Lot 7018 is the (TSR) between the creek and Wrights Road. The proposed easement lengths are 35m and 260m and is shown in Figure 5 below.

Figure 5 – Lot 7305 DP 1149694 and Lot 7018 DP 1001439




Lot 7301 DP 1138271 This lot is the actual section of Wrights Road/Old Highway Road itself which is a TSR. The proposed easement length is 2320m and is shown in Figure 6 below.

Figure 6 Lot 7305 DP 1138271




Each of the portions of land have had a land valuation completed by property service company Preston Rowe Paterson (Tamworth). The valuations assessed the fair market value of the proposed pipeline easements on the subject parcels of land in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. The valuations and recommended ranges for negotiation are shown below in Table 1. Table 1 – Land Valuations of the Crown Land Easements

Lot DP Location Valuation ($) Low Range ($)

High Range ($)

510 1089855 TSR Nth Scone Res 300 300 500 7003 93485 TSR Nth Parkville 500 500 1000 7011 1060346 Wingen creek cross. 50 50 100 306 750965 Wingen creek cross. 550 500 1000 701 93338 TSR Nth Wingen 250 250 500 7305 1149694 Sth of creek Murulla 500 500 500 7018 1001439 Nth of creek Murulla 1000 1000 1500 7301 1138271 Wrights Road 3000 3000 4000

TOTAL 6150 6100 9100 OPTIONS

1. Proceed with the acquisition of easements as described in this report. 2. Not proceed with the acquisitions.

CONSULTATION

NSWDPI – Lands – Acquisitions – Crown Property Services Hunter Local Land Services Preston Rowe Paterson Manager Special Projects

STRATEGIC LINKS


The project addresses the following focus areas and community strategic objectives in accordance with the Community Strategic Plan 2013+:

ECONOMIC 5) Enhance Economic and Employment Opportunities and Promote Development:

15. Encourage a diverse economy whilst promoting and preserving our agricultural and equine industries.

6) Maintain and enhance civil infrastructure and community assets to meet the needs of current and future generations:

22. Develop economic and intergenerational plans for future infrastructure needs.

CIVIC LEADERSHIP 7) Provide community leadership through open, accountable and efficient governance:

25. Encourage an open and participatory Council, with an emphasis on community engagement, action and response.

b. Delivery Program

The project addresses the following Water Services objectives as described in the 2016/17 Delivery Program & Operational Plan:




To provide an adequate and secure potable water supply to recognised standards in defined areas on a cost effective basis.

c. Other Plans

N/A IMPLICATIONS

d. Policy and Procedural Implications

Nil.

e. Financial Implications

Based on the land valuation reports, the total purchase price of the easements would be expected to be in the range of $6,100 to $9,100.

It must be noted that all of the parcels of Crown Land are subject to a Native Title claim and six of them have Aboriginal land claims lodged on them by Wanaruah Local Aboriginal Land Council. This may or may not have a financial implication.

f. Legislative Implications

Section 186 (1) of the Local Government Act 1993 requires a council to only acquire land for the purpose of exercising any of its functions. These functions include the construction of a water supply pipeline.

The Land Acquisition (Just Terms Compensation) Act 1991 outlines a process through which councils can acquire land. It does not give compulsory acquisition powers to councils. It only provides councils with a way to use compulsory powers found in other Acts.

g. Risk Implications

There is a risk that the easements may be more costly than the valuation reports indicate due to negotiations with Aboriginal claimants.

h. Other Implications

Failure to acquire these easements will require the pipeline alignment to be modified to longer and more expensive paths.

CONCLUSION

The Scone to Murrurundi Pipeline alignment crosses eight portions of Crown Land which will require the establishment of easements for a pipeline. The process of acquiring easements on Crown Lands is Compulsory Acquisition outlined in the Land Acquisition (Just Terms Compensation) Act 1991. The process requires that Council pass a resolution that authorizes acquisition by compulsory process and also authorizes making an application to the Minister. Adopting the recommendation for the resolution will meet the acquisition requirements.

ATTACHMENTS

Nil.




RESPONSES TO PREVIOUS QUESTIONS

RPQ.06.1 RESPONSES TO PREVIOUS QUESTIONS



RECOMMENDATION

For notation only.

BACKGROUND

At the ordinary meeting of Council on Monday, 29 May 2017 the following questions were asked:

Cr Kiwa Fisher

1. Asked that Council consider asking the Minister, as has been done previously, not to renew the Bickham Coal exploration licence following its expiration on Saturday.

Response: Taken on notice

Update: A report has been provided to Councillors for consideration.

Cr Ron Campbell

1. Asked that the entrance sign to Forrest Reserve Road, Merriwa be fixed as it is laying flat on the ground.

Response: The Director Operations advised that this will be arranged.

Update: Sign has been reinstalled

Cr Josh Brown

1. Requested leave of absence from 3 to 23 June 2017.

Response: Leave of absence was granted.

Cr Lee Watts

1. Asked why Council use a round to rectangle pipe on gutters which creates a reduction of water flow.

Response: Taken on notice.

Update: The rectangle pipe is used as the size of the round pipe does not fit in the kerb as well. The concrete around the round pipe breaks away and the pipe gets damaged. This does not happen with the rectangle pipe. From a technical point of view there is no reduction in water flow when using a rectangle outlet.

ATTACHMENTS

Nil.