minutes of the ordinary meeting - dungog.nsw.gov.au · 5. r b smith partnership – development...

DUNGOG SHIRE COUNCIL

Minutes of the Ordinary Meeting

16 December 2008

This is page number 2 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 16 December 2008.

TABLE OF CONTENTS MAYORAL MINUTE 1. General Managers Performance Review 2. Mid North Weight of Loads Group GENERAL MANAGER

1. Pecuniary Interest Returns 2. NSW Rural Fire Fighting Fund Estimates 3. Community Project Officer Report 4. NSW Department of Local Government Circulars 5. Council’s Management Committee Meeting Minutes 6. Minutes of Outside Organisations to Which Council has an Appointed Delegate 7. Dungog Film Festival – 2009 8. Hunter Economic Development Corporation EXECUTIVE MANAGER – CORPORATE SERVICES

1. Statement of Investments 2. Works Cost Statement 3. Councillors Travelling & Other Expenses EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS

1. Dungog Saleyards Option to Extend Existing Lease Agreement 2. Traffic & Road Safety Committee 3. Works Progress Report MANAGER – PLANNING

1. M S W Rumbel – Development Application No. 50/08 2. Michael Jones – Development Application No. 201/05 3. C R Parish – Development Application No. 3/07 4. M J Farrell – Development Application No. 27/07 5. R B Smith Partnership – Development Application No. 217/06 6. Lot 3 DP 758250 89-91 Durham Street, Clarence Town 7. Lot 8 DP 758250 No. 70-72 Grey Street, Clarence Town 8. Paterson River Pony Club – DA Refund Request 9. Basix Single Dwelling Outcomes – 2005/08 10. Dungog Shire Development Control Plan - Part A – Section 2 11. Dungog Shire Development Control Plan - Complying Development 12. Reporting Variations to Development Standards 13. Reporting Variations to Development Standards 14. Department of Planning – Spot Rezonings 15. Strategic Planning Update 16. Litigation Report 17. Development Applications – Delegated Authority MANAGER – ENVIRONMENTAL SERVICES

1. Railcorp Quarry at Martins Creek 2. Extension of the NSW Waste and Environment Section 88 Levy 3. Review of Council’s Cemeteries and Burials on Private Land Policies 4. Rural Land Protection Board Stock Permits on Road Reserves


CONFIDENTIAL SECTION EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS 1. Lease Options – Dungog Saleyards – Hunter Valley Stock & Property MANAGER – PLANNING 1. Lot 3 DP 758250 No. 89 - 91 Durham Street, Clarence Town 2. Lot 8 DP 758250 No 70 - 72 Grey Street, Clarence Town MANAGER – ENVIRONMENTAL SERVICES 1. Martins Creek Railcorp Quarry COMPLIMENTS


MINUTES OF THE ORDINARY MEETING OF DUNGOG SHIRE COUNCIL HELD AT DUNGOG SHIRE COUNCIL OFFICES ON 16 DECEMBER 2008 COMMENCING AT 6.07 PM. PRESENT: The Mayor, Councillor G D Wall, and Councillors L D Mitchell, J F Thompson, S B Farrow, P D Ainsworth, A G McKenzie, I S Lloyd, H F Johnston and R A Booth. OFFICERS IN ATTENDANCE: C F Deasey, General Manager, S W Hitchens, A/Executive Manager Infrastructure & Assets, M D Brown, Manager Planning, T J Kavanagh, Manager Environmental Services and G J Fenwick, Economic Development and Tourism Coordinator. APOLOGY: Nil ABSENT: Nil DECLARATION OF INTERESTS: Cr Wall declared a conflict of interest in Manager Planning’s Report Item 17 as his wife’s family affected the boundary adjustment on DA 134/08. CONFIRMATION OF MINUTES:

Minute No. 34275 RESOLVED on the motion of Cr Thompson and seconded by Cr Mitchell that the Minutes of the Ordinary Meeting of Council, held on Tuesday 18 November 2008 having been circulated amongst the members of the Council be confirmed. MATTERS ARISING: Nil The Prayer was delivered by Mrs Joyce Byron. The Ode was delivered by the Mayor, Cr Glenn Wall. WITHDRAWAL OF ITEMS AND LATE ITEMS OF BUSINESS The General Manager advised that the following late items of business are tabled for consideration at the meeting: 1. Item 7 General Manager’s Report 2. Item 8 General Manager’s Report MAYORAL MINUTE

Councillor G D Wall 1. GENERAL MANAGERS PERFORMANCE REVIEW 105 Précis: As Councillors are aware, in accordance with the employment contract between Council and the General Manager, the General Managers Performance Review is carried out twice pre year, normally in May and November to review and appraise the General Mangers Performance.

***********


RECOMMENDATION That Council adopt the recommendation of Crs Thompson, Mitchell, McKenzie and Wall that the General Managers Performance from the period May 2008 to November 2008 be assessed between “More than Satisfactory to Satisfactory”. This equates to an average percentile of B+ across Part One (Specific Responsibilities) and Part Two (Strategic Objectives) of the Performance Agreement.

Minute No. 34276

A MOTION was moved by Cr Wall that Council adopt the recommendation of Councillors Thompson, Mitchell, McKenzie and Wall that the General Managers Performance from the period May 2008 to November 2008 be assessed between “More than Satisfactory to Satisfactory”. This equates to an average percentile of B+ across Part One (Specific Responsibilities) and Part Two (Strategic Objectives) of the Performance Agreement. On being put the motion was carried.

Councillor G D Wall 2. MID NORTH WEIGHT OF LOADS GROUP EF08/110 Précis To update Councillors and Staff regarding the Mid North Weight of Loads Group.

********* RECOMMENDATION That the report be received and the information noted.

Minute No. 34277

A MOTION was moved by Cr Wall that the report be received and information noted. On being put the motion was carried.

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Minute No. 34278 A MOTION was moved by Cr Wall and seconded by Cr Mitchell that the Order of Council business be suspended to allow members of the public to address Council. On being put the motion was carried. The Order of Council business was suspended at 6.15 pm to allow members of the public to address Council. Mr Tyrone Hayden spoke in favour of Council accepting his Development Application.

Minute No. 34279 A MOTION was moved by Cr Wall and seconded Cr McKenzie that Council resume the Order of Council business. On being put the motion was carried. The Order of Council business resumed at 6.17 pm.

######


GENERAL MANAGER'S REPORT

Craig Deasey 1. PECUNIARY INTEREST RETURNS EF08/525 Précis: Reporting on the statutory requirement to table pecuniary interest declarations.

********** Minute No. 34280

RESOLVED on the motion of Cr Mitchell and seconded by Cr Farrow that: 1. The report be received and noted. 2. The General Manager tabled the pecuniary Interests register.

Craig Deasey 2. NSW RURAL FIRE FIGHTING FUND ESTIMATES

EF08/273 Précis: Reporting on the outcomes of the RFS allocations for 2008/2009 and the submission of the 2009/2010 estimates.

*********** Minute No. 34281

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that: 1. The report be received and noted 2. The General Manager be authorised to sign the Rural Fire Fighting Fund estimates for

2009/2010 3. The Superintendent Jayson McKellar be invited to address Council on the current activities

of the Rural Fire Service. Tracey Lowrey 3. COMMUNITY PROJECT OFFICER REPORT

Précis: Reporting on Community Project Officer’s activities for the period November to December.

**********

Minute No. 34282 RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that the report be received and information noted. Cr Wall congratulated Mrs Tracey Lowrey on her efforts.


Craig Deasey

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

********** Minute No. 34283

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

Craig Deasey 5. COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES Précis: Reporting on Minutes of Council Management Committee Meetings provided to Council.

********** Minute No. 34284

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

Craig Deasey 6. MINUTES OF OUTSIDE ORGANISATIONS TO WHICH COUNCIL HAS AN APPOINTED DELEGATE Précis: Reporting on the minutes of outside organisations to which Council has an appointed delegate.

*********** Minute No. 34285

RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that the minutes of the Arts Upper Hunter Board Meeting be received and noted.

####### Minute No. 34286

A MOTION was moved by Cr Wall and seconded by Cr Farrow that Council move into Committee of the Whole. On being put the motion was carried.

Council resolved into Committee of the Whole at 6.28 pm. Councillors discussed the General Manager’s Report No. 7 and sought clarification from Greg Fenwick, Council’s Economic Development and Tourism Coordinator. A motion was moved by Cr Wall and seconded by Cr Thompson that the following Committee recommendation be made:


Council continues to support all events in the shire through the activities of Dungog Shire Events Incorporated and declines to offer a commitment for direct financial assistance to Dungog Film Festival Limited in relation to the 2009 Dungog Film Festival.

Minute No. 34287 A MOTION was moved by Cr Wall and seconded by Cr Mitchell that Council resolves into Open Council at 6.59 pm. On being put the motion was carried.

#######

Greg Fenwick 7. DUNGOG FILM FESTIVAL – 2009 EF08/7 Précis: Reporting on the organisation of the 2009 Dungog Film Festival and the requests from the festival organisers for Dungog Shire Council’s ongoing support for the event.

********** Minute No. 34288

A MOTION was moved by Cr Wall and seconded by Cr Farrow that Council adopt the recommendation of the Committee of the Whole that Council continues to support all events in the shire through the activities of Dungog Shire Events Incorporated and declines to offer a commitment for direct financial assistance to Dungog Film Festival Limited in relation to the 2009 Dungog Film Festival. On being put the motion was carried.

Greg Fenwick 8. HUNTER ECONOMIC DEVELOPMENT CORPORATION EF08/441 Précis: Reporting on a request from the Hunter Economic Development Corporation for a contribution to support a collaborative Hunter Regional Marketing Strategy.

********** A MOTION was moved by Cr Wall and seconded by Cr Mitchell that Council considers the content of this report and commits $1000 to participate in the Hunter Regional Marketing Project instigated by the HEDC and continues to be updated on the progress of the activity associated with this project. Councillor Wall foreshadowed a Motion. On being put the motion was defeated.

Minute No. 34289 A MOTION was moved by Cr Wall and seconded by Cr Mitchell that Council not support the project in the current 2008/9 financial year due to a lack of available funds but offers a letter of support to the HEDC for the project. On being put the motion was carried.


CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGER'S REPORT

Shaun Chandler 1. STATEMENT OF INVESTMENTS

EF08/220

Précis: Clause 212 of Local Government (General) Regulation 2005 requires a monthly report to Council outlining all money’s Council has invested under Section 625 of Local Government Act.

********** Minute No. 34290

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

Cheryl Hyde 2. WORKS COST STATEMENT

EF 08/221 Précis: A selective summary of expenditures on capital works and maintenance expense areas within Council’s roads, bridges, cemeteries, toilets, parks and sports grounds cost centres.

******** Minute No. 34291

RESOLVED on the motion of Cr Mitchell and seconded by Cr Johnston that the Works Cost Statement for the period ending 30 November 2008 be received and noted.

Shaun Chandler 3. COUNCILLORS TRAVELLING & OTHER EXPENSES

EF 08/222

Précis: Report on Councillors travelling for Councillors information.

********** Minute No. 34292

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


INFRASTRUCTURE & ASSETS DEPARTMENT A/EXECUTIVE MANAGER REPORT

Terry AG Wilson 1. DUNGOG SALEYARDS OPTION TO EXTEND EXISTING LEASE AGREEMENT

EF08/412 Précis Under the terms of the Lease agreement (G 4) the current lessee is acting on that option and requesting a further 5 years lease of the Dungog Saleyards.

********** Minute No. 34293

RESOLVED on the motion of Cr Mitchell and seconded by Cr Farrow that pursuant to Sec 10A (2) (c) of the Local Government Act 1993 (NSW) that this item of business be considered within closed committee as the information contained within the report would if disclosed confer a commercial advantage on a person/company with whom the Council is conducting (or proposes to) conduct business.

Terry AG Wilson 2. TRAFFIC AND ROAD SAFETY COMMITTEE EF08/5 Précis: Reporting on the Traffic and Road Safety Committee meeting held on 1 December 2008.

********** Minute No. 34294

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the minutes of the traffic committee be received.

Steve Hitchens 3. WORKS PROGRESS REPORT EF08/208 Précis: Reporting on construction and maintenance works.

**********

Minute No. 34295 RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that the report be received and information noted.


PLANNING DEPARTMENT MANAGERS REPORT

Matthew Brown 1. M S W RUMBEL – PORTION 7 DP 752440 NO. 2858 SALISBURY ROAD, SALISBURY DA 50/08

A MOTION was moved by Cr Wall and seconded by Cr Mitchell that DA 50/08 be approved subject to the following conditions: General 1. All works are to be carried out in accordance with the submitted and approved plans and

statement of environmental effects forming part of the development application. Any variation to the proposal requires an amendment to the application and further Council consideration.

2. The quarry is not to exceed the area size limit of 2 hectares or volume of 16,000 cubic

metres per annum (as stipulated in the SEE). The annual extraction rate has been capped at 16,000 cubic metres to provide for seasonality and varying demand. The operation is also limited to 1,000 cubic metre per annum of imported material for screening.

Records are to be submitted to Council on an annual basis that certifies the extraction levels have not exceeded the approved capacity of 10 000 cubic metres per annum.

Please note: The area includes the total disturbance area of each site, not just the actual excavated areas.

3. The applicant is to be made aware that if any Aboriginal sites/relics/remains are discovered

whilst excavating, work is to cease immediately and the Department of Environment and Climate Change are to be contacted immediately.

4. The applicant is to ensure that the development complies with the requirements of Work

Cover. 5. The applicant is to ensure the proposal complies with the Mine Health and Safety Act 2004. 6. The development is to comply with the Protection of the Environment Operations (Noise

Control) Regulation 2008. 7. The proposal is to comply with the NSW Planning For Bushfire Protection Guidelines 2006. 8. The applicant shall ensure that adequate methods of dust management, such as water

suppression, are in place during any periods of operation and/or rehabilitation work where there is exposed ground and natural ground cover is unable to provide sufficient dust reduction.

9. All trees, vegetation, soil and general ground covers other than in the footprint of the quarry

shall not be disturbed. 10. Trading hours are to be restricted 7.00 am – 8.00 pm on weekdays and 8.00 am – 8.00 pm

on Saturday. No works are permitted on Sunday or public holidays. 11. All excavations works associated with the development must be properly guarded/protected

and/or signposted to prevent them from being dangerous to life or property.


12. There is to be no unreasonable interference with the rural amenity of the area by reason of

the emission of any dust, smell, smoke, vapour, fume or otherwise. 13. The developer shall ensure that satisfactory arrangements have been made with Council for

the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program.

Advice: A payment of $68.00 to Council for each lot created is required for rural addressing purposes.

Prior to Continuation of Works 14. The applicant shall ensure that arrangements are made for the Principal Certifying Authority,

Council or Private Certifier, to carry out STAGE INSPECTIONS indicated as follows in bold.

Request for inspections may be made either by telephone or in person.

Forty eight (48) hours notice must be given for inspections.

Applicants are required to nominate the relevant Construction Certificate Number and location prior to the inspection request being granted.

Note: STAGE INSPECTIONS are required to be carried out in order to ensure that an Occupation/Subdivision Certificate can be issued. In the event that any stage inspection is not carried out, an Occupation/Subdivision Certificate cannot be issued.

(a) After stripping of topsoil from the on-site stormwater/sediment control

detention facility and the formation of the vehicle access/footpath crossing formation prior to sealing, all Erosion & Sediment Control devices shall be installed at this stage.

(b) After restoration and completion of all works. (c) As otherwise required to confirm that the works are satisfactorily executed

and in conformity with environmental controls and conditions of Development Consent.

It should be noted that Council charge fees for inspections and Compliance Certificates. These inspection fees must be paid prior to release of the Construction/Occupation/Subdivision Certificate associated with the Development Consent. At the time of issuing this Development Consent Council’s Inspection Fee was (TW – delete “$105.00” and insert “$110.00”) per inspection. Compliance (Inspection) Fees will be adjusted in accordance with Council’s Fees & Charges operating at the time of inspection. In the event further additional inspections are required those inspections will attract inspection fees.

15. The total disturbed area of no more than 2 hectares is to be pegged out with permanent,

easily visible markers. This is so that Council officers can readily inspect the development to ensure its compliance with the Environmental Planning and Assessment Regulation 2000 –Schedule 3.

16. The quarry operator must maintain an accurate record of extraction from the quarry on an

ongoing basis. These records must be maintained for a period of at least five years and be made available on request to Council. The quarry operator may be required at the discretion of Council to complete and provide additional surveys of the quarry and a comparison with the Development Application to identify extraction rates

17. All excavation is to be carried out within the survey area identified in condition 15.


18. An Erosion and Sediment Control Plan shall be submitted to Council for approval. The detailed plans shall be in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines. Sediment control measures shall be provided for the duration of the works and until the site is stabilised which shall include: -

• An on-site stormwater/sediment control detention facility in the form of a dam

type structure to arrest stormwater and sediment from the site. • An associated Management Plan for the facility to satisfactorily address its ongoing future maintenance and cleaning.

19. The applicant is to lodge a full rehabilitation plan to Council prior to commencement of

works. This is to include elevations that will show what the site will look like upon completion. This is to include a detailed plan how the site will be revegetated including vegetation buffers, species type and location. Upon the completion of works the applicant is to demonstrate a positive environmental outcome. The rehabilitation plan is to be to the satisfaction of Council’s environmental department.

20. The entrance shall be constructed so as not to impede the flow of water in any table drain

and shall include a separate shake down facility (cattle grid). 21. Any relocation or alterations of public utilities made necessary as a result of the

development are to be carried out at no cost to Council. Reason: To ensure that the development is serviced by all public utilities at no cost to

Council. 22. The making good to the satisfaction of Council, or payment of the costs incurred by Council

in making good, any pavement damage or structural deterioration caused to Council's roads by the use of such roads as haulage routes for materials used in construction or the operation of the approved development.

Reason: To ensure Councils assets are maintained to good engineering standards.

Minute No. 34296 AN AMENDMENT was moved by Cr Ainsworth and seconded by Cr Booth that DA 50/08 be approved subject to the following conditions: General 1. All works are to be carried out in accordance with the submitted and approved plans and









4. The applicant is to ensure that the development complies with the requirements of Work Cover.

5. The applicant is to ensure the proposal complies with the Mine Health and Safety Act 2004. 6. The development is to comply with the Protection of the Environment Operations (Noise






and/or signposted to prevent them from being dangerous to life or property. 12. There is to be no unreasonable interference with the rural amenity of the area by reason of











detention facility and the formation of the vehicle access/footpath crossing formation prior to sealing, all Erosion & Sediment Control devices shall be installed at this stage.




It should be noted that Council charge fees for inspections and Compliance Certificates. These inspection fees must be paid prior to release of the Construction/Occupation/Subdivision Certificate associated with the Development Consent. At the time of issuing this Development Consent Council’s Inspection Fee was (TW – delete “$105.00” and insert “$110.00”) per inspection. Compliance (Inspection) Fees will be adjusted in accordance with Council’s Fees & Charges operating at the time of inspection. In the event further additional inspections are required those inspections will attract inspection fees.





17. All excavation is to be carried out within the survey area identified in condition 15. 18. An Erosion and Sediment Control Plan shall be submitted to Council for approval. The

detailed plans shall be in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines. Sediment control measures shall be provided for the duration of the works and until the site is stabilised which shall include: -


type structure to arrest stormwater and sediment from the site. • An associated Management Plan for the facility to satisfactorily address its ongoing future maintenance and cleaning.

19. The applicant is to lodge a full rehabilitation plan to Council prior to commencement of


20. The developer shall upgrade the existing vehicle access/footpath crossing to the site to a

seal type entrance to comply with the requirements of the Council Drawing Number SD0015 titled “Private Entrance - Rural Bitumen Roads – July 2000” as amended. The entrance shall be constructed so as not to impede the flow of water in any table drain and shall include a separate shake down facility (cattle grid).

21. Any relocation or alterations of public utilities made necessary as a result of the

development are to be carried out at no cost to Council. Reason: To ensure that the development is serviced by all public utilities at no cost to

Council. 22. The making good to the satisfaction of Council, or payment of the costs incurred by Council

in making good, any pavement damage or structural deterioration caused to Council's roads by the use of such roads as haulage routes for materials used in construction or the operation of the approved development.



On being put the amendment was carried. On becoming the motion was again carried. Cr Farrow left the Chambers at 7.35 pm. The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 6 for and 2 against, as follows:

For: Crs Booth, Ainsworth, Johnston, McKenzie, Lloyd, Thompson. Against: Crs Wall, Mitchell Councillors Wall and Mitchell requested that their negative vote be recorded.

Carolyn Maginnity 2. MICHAEL JONES - LOT 1 DP 964046 NO. 1285 LIMEBURNERS CREEK ROAD, CLARENCE TOWN

DA 201/05

Minute No. 34297 RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that DA 201/05 for the subdivision of Lot 1 DP 964046 into 21 community title lots be approved subject to the following conditions:

General 1. The subdivision of Lot 1 DP 964046, 1285 Limeburners Creek Road, Clarence Town being

carried out in accordance with the following information submitted with the combined rezoning and development application, except as modified by the conditions of this consent: Town Planning Report “Kia-ora Estate” Rural Lifestyle Subdivision prepared by Asquith &

de Witt Pty Ltd; and Plan of proposed Community Title Subdivision of Lot 1 DP 964046, Version Q dated 2

October 2007.

2. All native vegetation on site shall be retained and protected unless the proposed clearing complies with the Native Vegetation Act 2003 and Native Vegetation Regulations 2005. Advice: Any clearing of Native Vegetation will require separate approval from the Hunter-Central Rivers Catchment Management Authority under the Native Vegetation Act 2003. Clearing of native vegetation is not to commence until formal approval from the Catchment Management Authority, in the form of a Property Vegetation Plan (PVP), has been obtained.

3. All future on-site sewage management systems on the site must comply with the design specifications provided in the geotechnical and phase 1 contamination investigation report prepared by RCA Australia and dated October 2005 (RCA Ref: 5072-002/1) and additional supporting information provided in correspondence dated 3rd March 2006 (RCA Ref: 5072-003/0).

4. An application to install and operate a sewage management system must be submitted to

Council prior to the approval of any development requiring sewage disposal;

5. The land may be subject to flooding and if it is flooded Council will not, pursuant to Section 733, Local Government Act 1993, incur any liability in respect of the granting of this consent.

6. The development shall incorporate the following bushfire safety measures in accordance with

the recommendations contained in the Bushfire Threat Assessment report prepared by Ecobiological, so as to comply with the provisions of Planning for Bushfire Protection:

provision and maintenance of a minimum 20m wide Asset Protection Zone around the

perimeter of all building envelopes;


maintenance of the APZ as an inner protection area (IPA), ensuring that the fine fuel load remains under the recommended 8 t/ha (0.8kg/m2);

provision of an independent water supply to each lot, including a 22,000 litre water tank dedicated to bushfire protection and fitted with a 65mm Storz outlet with a metal ball valve, capable of connecting to RFS trucks; and

management of vegetation to minimise fuel loads. Note: It will not be necessary to remove any vegetation within the recommended APZ. However, planting of new vegetation should be selective, with due consideration given to the risk of bushfire attack

7. Prior to the preparation of the final plan of subdivision the developer shall submit to Council 3

road/street name options for the new roads created within the subdivision. The new road/street names shall be submitted in accordance with Council’s “Street Naming” policy. Council’s current Fees and Charges identify $450 for new road/street names which needs to be paid by the developer prior to proceeding with advertising in accordance with Council’s policy.

Prior to Commencement of Works 8. A Construction Certificate is to be issued by the Certifying Authority prior to commencement of

any works. The application for this Certificate is to satisfy all of the requirements of the Environmental Planning and Assessment Regulation 2000.

Reason: Required by the Environmental Planning and Assessment Act 1979.

Prior to Issue of Construction Certificate 9. Separate approval from Council as the Roads Authority must be obtained under Section 138 of

the Roads Act 1993 prior to the issue of any Construction Certificate which includes any works within a Council road reserve. For any such works, design plans must be submitted to Council for approval prior to issue of the Construction Certificate. Reason: Required under the Roads Act 1993.

10. An Environmental Management Plan (EMP) shall be prepared in consultation with Council and

submitted for approval prior to the issue of a Construction Certificate. The EMP shall detail strategies and measures to be implemented to minimise environmental impacts, contingency actions for managing any environmental problems that may arise and environmental monitoring and recording procedures to ensure that the land will be developed and managed in an environmentally sustainable manner.

Advice: The EMP should provide a framework for managing and mitigating any environmental impacts associated with the proposed development. In particular, it should address ongoing vegetation management and protection of the riparian area of the Williams River. Further, the EMP should ensure the commitments made in the DA and the requirements imposed by Council and other Government authorities are fully implemented

11. Prior to issue of a construction Certificate an amended landscaping plan shall be prepared and

submitted to Council for approval. The plan must:

(a) Incorporate the latest subdivision layout (refer to plan of proposed Community Title Subdivision of Lot 1 DP 964046, Version Q dated 2 October 2007);

(b) Generally implement the recommendations contained in the Visual Impact Assessment report prepared by Verge Landscape Architects and the Bushfire Threat Assessment report prepared by Ecobiological;

(c) Provide for retention of existing riparian vegetation along the Williams River, with supplementary planting of indigenous species to form a vegetated buffer, to maintain the integrity of the riparian zone and screen the development from properties on the opposite side of the Williams River;

(d) Provide for retention of existing vegetation along Limeburners Creek Road, with supplementary planting of indigenous species to form a 20m wide vegetated buffer along the southern boundary of the site, to maintain the rural character of Limeburners


Creek Road and ensure adequate screening is provided to any new development within the subdivision; and

(e) Provide for 10m wide landscape buffers along the side boundaries of individual allotments, to ensure privacy and minimise the impact of the development on the visual environment.

12. Prior to preparation of any engineering design plans, the consultant preparing the design plans

will need to contact Council’s Infrastructure & Assets department to discuss the extent and scope of all works and details required on the design plans. Some of the issues to be discussed and incorporated in the design plans include the following:

• location of bus bays; • erosion & sediment controls; • stormwater drainage, including stormwater treatment together with detailed calculations

associated with any proposed “Stormwater/Sediment Control Pond”, swale/easement and spillway outlets directing stormwater across Limeburners Creek Road or into the Williams River;

• pavement standards including carriageway widths etc; • vehicle access locations; • earthwork details including quantities; • traffic control details; • restoration details; • new road and Limeburners Creek Road intersection details; • shared footpath/cycleways (2.5m wide minimum width); • temporary vehicle turning bays, preferably cul-de-sac type configurations with a minimum

radius that will accommodate a single unit truck (eg: garbage truck/standard school bus) at the eastern boundaries of proposed Lots 13 & 14. Reference to the temporary turning facility shall also be made within the Community Management Statement;

• use of Water Sensitive Urban Design (WSUD) techniques e.g. grass swales for table drains; • provision of a garbage service area adjacent the intersection of that part of proposed Lot 1

(community land) providing legal vehicle access to proposed Lots 2, 3, 4 & 5 and the “Proposed Public Road 20 Wide”; and

• provision of splayed type corners of proposed Lot 1 at its intersection with the “Proposed Public Road 20 Wide.”

Reason: To ensure appropriate levels of works and engineering design details are satisfactorily addressed.

13. The developer shall arrange for detailed design plans to be submitted to Council for approval

addressing the following: -

Construction of all internal roads including associated stormwater drainage and erosion/sediment controls, in accordance with design plans to meet the standards set out in AUS-SPEC and to the satisfaction of Council to include:-

(a) 20 metre wide road reserve. (b) Minimum sealed carriageway width of 6 metres. (c) Minimum compacted selected gravel base of 200mm thick. (d) 2 coat bitumen seal or 40mm AC. (e) Minimum spray seal shoulder widths 1.0 metres. (f) Minimum table drain width of 1.5 metres (use of Water Sensitive Urban Design (WSUD) techniques would be recommended and supported throughout the subdivision). (g) Cut and fill batters not exceeding 1:1 (cut) and 1.5:1 (fill). (h) Footpath widths 4.5 metres. (i) Shared interconnecting sealed footpath/cycleway of 2.5 metres minimum width his

allocation can be either within or along the footpath or extension of the 6 metre wide


carriageway. The shared footpath/cycleway is to be suitably line marked and highlighted as such).

(j) Strategically positioned bus bays and bus stops including shelters. (k) Associated stormwater (including subsoil) drainage. (l) Erosion and Sediment controls. (m) Provision of a temporary vehicle turning facility to accommodate the turning path of a

single unit truck (garbage truck/standard school bus) at the eastern boundaries of proposed Lots 13 & 14. This could be achieved by creating “Rights of Carriageways Variable Width” (RoW) over the extremities of the turning facilities designed and constructed if they extend into these Lots. Reference of the temporary turning facilities shall be made within the Community Management Statement identifying who is responsible for extinguishing the RoW and their rehabilitation once the adjoining eastern property is developed.

(n) Provision of a garbage service area at the intersection of that part of proposed Lot 1 (community land) providing legal vehicle access to proposed Lots 2, 3, 4 & 5 and the “Proposed Public Road 20 Wide”.

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


addressing the following:

Stormwater drainage works and associated sediment control ponds discharging from the site into a public system or public land require approval from Council under Section 68 of the Local Government Act. The extent of work must be determined by Council prior to issue of a Construction Certificate. All works are to be designed and constructed in accordance with the latest version of AUSPEC and to the satisfaction of Council.

Advice: All works to be approved by Council prior to the release of the Subdivision Certificate. Reason: To ensure an appropriate standard of civil engineering works are carried out to current engineering standards.



The construction for its full length of that part of proposed Lot 1 (community land) providing legal vehicle access to proposed Lots 2, 3, 4 & 5 and the “Proposed Public Road 20 Wide” to the satisfaction of Council.

Advice: All works to be approved by Council prior to the release of the Subdivision Certificate.




Erosion and sediment control measures to be provided in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines. Erosion and sediment control measures shall be installed prior to any works commencing and maintained for the duration of the works and until the site is stabilised.

Reason: To ensure all sediment is contained on the development site, so as to protect the quality of downstream receiving waters.




The provision of additional roads and stormwater works within the road reserve or Council’s land at no cost to Council necessary to ensure satisfactory transitions to existing work as a result of conditions of this consent. The extent of works required for this development will be determined by Council in conjunction with assessing the application under the Roads Act.

• Stormwater drainage including stormwater/sediment treatment together with detailed

calculations associated with any proposed “Stormwater/sediment Pond”, swale/easement and spillway outlets directing stormwater across Limeburners Creek Road or into the Williams River.


Reason: To provide an appropriate standard of Erosion and sediment control to the land for the duration of civil engineering works associated with the development.



Construction of that part of proposed Lot 1 (community land) providing legal vehicle access to proposed Lots 2, 3, 4 & 5 and the “Proposed Public Road 20 Wide” to the include, but not limited to the following: - a. 4 metre wide sealed formation plus b. Minimum compacted selected gravel base of 200mm thick plus c. 2 coat bitumen seal or 40mmAC plus d. Table drains plus e. Erosion and sediment controls




The construction of the new intersection with Limeburners Creek Road to generally conform to a minimum standard Type A intersection which includes but not limited to: - a. Deceleration lane (left turn from Limeburners Creek Road). b. Storage lane (right turn from Limeburners Creek Road). c. Appropriate line marking. d. Approach intersection warning signs on Limeburners Creek Road. e. Provision of “STOP” or “GIVE WAY” sign. f. Bus stop and shelter provision location to be determined in association with the local bus

companies and Council. g. The intersection shall be located to provide a minimum Safe Intersection Sight Distance

(SISD) of 80m in both directions along Limeburners Creek Road.


During Construction 20. The applicant shall ensure that arrangements are made for the Principal Certifying Authority,

Council or Private Certifier, to carry out STAGED INSPECTIONS indicated (but not limited to) as identified in bold.

Request for inspections may be made either by telephone or in person. Forty eight (48) hours notice must be given for inspections.


Applicants are required to nominate the relevant Construction Certificate Number and location prior to the inspection request being granted. Note: STAGED INSPECTIONS are required to be carried out in order to ensure that a Subdivision Certificate can be issued. In the event that any staged inspection is not carried out, a Subdivision Certificate cannot be issued. a) After stripping of topsoil from roads and fill areas, all Erosion & Sediment Control

devices and Traffic Control signs shall be installed at this stage. b) After completion of road sub grade. c) After placement and compaction of each layer of gravel pavement material prior to

sealing. d) After laying and jointing of all stormwater drainage pipelines prior to backfilling. e) During application of bitumen seal or asphaltic concrete wearing surface. f) After restoration and completion of all works. g) As otherwise required to confirm that the works are satisfactorily executed and in

conformity with environmental controls and conditions of Development Consent. It should be noted that Council charges fees for inspections and Compliance Certificates. These inspection fees must be paid prior to release of the Construction/Subdivision Certificate associated with the Development Consent. At the time of issuing this Development Consent Council’s Inspection Fee was $110.00 per inspection. Compliance (Inspection) Fees will be adjusted in accordance with Council’s Fees & Charges operating at the time of inspection. In the event further additional inspections are required those inspections will attract inspection fees. Reason: To demonstrate that development works are carried out in conformity with the Construction Certificate issued development conditions and to appropriate technical engineering standards.

21. The developer shall arrange to construct the following: -

Construction of all internal roads including associated drainage and erosion/sediment controls, in accordance with design plans to meet the standards set out in AUS-SPEC and to the satisfaction of Council to include:-

(a) 20 metre wide road reserve. (b) Minimum sealed carriageway width of 6 metres. (c) Minimum compacted selected gravel base of 200mm thick. (d) 2 coat bitumen seal or 40mm AC. (e) Minimum spray seal shoulder widths 1.0 metres. (f) Minimum table drain width of 1.5 metres (use of Water Sensitive Urban Design (WSUD)

techniques would be recommended and supported throughout the subdivision). (g) Cut and fill batters not exceeding 1:1 (cut) and 1.5:1 (fill). (h) Footpath widths 4.5 metres. (i) Shared interconnecting sealed footpath/cycleway of 2.5 metres minimum width (this

allocation can be either within the footpath allocation or extension of the 6 metre wide carriageway. The shared footpath/cycleway is to be suitably line marked and highlighted as such).

(j) Strategically positioned bus bays and bus stops and shelters. (k) Associated stormwater (including subsoil) drainage. (l) Erosion and Sediment controls. (m) Provision of a temporary vehicle turning facility to accommodate the turning path of a

single unit truck (garbage truck/bus) at the eastern boundaries of proposed Lots 13 & 14. This could be achieved by creating “Rights of Carriageways Variable Width” (RoW) over the extremities of the turning facilities designed and constructed if they extend into these Lots. Reference of the temporary turning facilities shall be made within the Community Management Statement identifying who is responsible for extinguishing the RoW and their rehabilitation.


(n) Provision of a garbage service area at the intersection of that part of proposed Lot 1 (community land) providing legal vehicle access to proposed Lots 2, 3, 4 & 5.


22. The developer shall arrange to construct the following: -

Stormwater drainage works discharging from the site into a public system or public land in accordance with approved Construction Certificate engineering design plans. The extent of work must be determined by Council prior to issue of a Construction Certificate. All works are to be constructed in accordance with the latest version of AUSPEC and to the satisfaction of Council.


Reason: To ensure an appropriate standard of civil engineering works are carried out to current engineering standards.

23. The applicant shall: a) service all lots in the subdivision with underground electricity and telecommunications to

the requirements of the relevant authorities; b) remove existing utilities which are not being utilised as part of this development; and c) submit to Council a letter of compliance from each service authority and service company. Reason: To conform to the approved development plans and the standards set out in the Statement of Environmental Effects submitted with the Development Application.

24. The developer shall ensure that satisfactory arrangements have been made with Council for the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program.

Reason: To ensure that property addressing is of a uniform nature. Advice: A payment of $65 to Council for each lot created is required for rural addressing purposes.

25. Any relocation or alterations of public utilities made necessary as a result of the development are to be carried out at no cost to Council.

Reason: To ensure that the development is serviced by all public utilities at no cost to Council. 26. No private non-potable water service lines shall be allowed within or along any road reserve

alignment other than road crossings which shall be laid generally in accordance with Hunter Water Corporation standards and having approval from any other legislative organisation.

Reason: To ensure appropriate approval and construction is carried out with approval and to a minimum recognised standard.

27. The developer being responsible for any costs relating to minor alterations and extensions of existing roads, drainage and Council services for the purposes of the development.

Reason: To ensure appropriate servicing to the lots.

28. The making good to the satisfaction of Council, or payment of the costs incurred by Council in

making good, any pavement damage or structural deterioration caused to Council's roads by the use of such roads as haulage routes for materials used in construction or the operation of the approved development.



Prior to Issue of Subdivision Certificate 29. Submission of an original plan of survey by a Registered Surveyor and ten (10) copies to

Council for subdivision approval.

Reason: To ensure compliance with Council’s requirements.

Advice: The final plans must conform generally with the subdivision proposal shown on the concept plan submitted with the Development Application (Version Q dated 2 October 2007) and incorporate Council’s requirements.

Council’s fee covers the cost of providing copies of the plan of survey to relevant internal Council departments and to Government departments as required.

30. The plan of subdivision shall include the dedication as Public Road of such land as is necessary to contain the constructed road in use, known as Limeburners Creek Road, across the frontage of proposed Lots 2, 3, 14, 15, 16, 17, 18, 19, 20 and 21. In the event existing fencing is located within the dedicated road reserve the developer will be responsible for relocating those fences onto their surveyed alignments. The registered surveyor who prepares the plan of subdivision shall certify to the Principal Certifying Authority that the existing constructed road is wholly contained within the road reserve boundaries shown on the plan of subdivision.

Reason: To rectify encroachments as part of the subdivision. 31. Application for a Subdivision Certificate is to be submitted to and approved by Council prior to

release of the final linen plan of subdivision. Reason: To ensure compliance with Council’s requirements.

Advice: The fee for a Subdivision Certificate is $220.00. 32. Prior to release of the Subdivision Certificate the developer shall remove all existing gates and

vehicle access along Limeburners Creek Road within the full frontage of the subdivision site. In addition the developer shall remove and restore via turfing the full length of the driveway to the existing rural dwelling.

Reason: To ensure that no vehicle ingress or egress to or from Limeburners Creek Road remains.

33. The applicant shall prepare and submit to Council for approval a Community Management

Statement for the development.

The Community Management Statement must include in Part 5 the following matters:

a) Landscaping must be maintained in accordance with the relevant approved plans. b) The approved Environmental Management Plan shall be complied with at all times. c) In relation to companion Animals: cats within the development must be kept within the

residence or a secure enclosure at all times and secure enclosures shall be provided and maintained for dogs.

d) Access or facilities for power boating shall not be provided along the Williams River from the Community Lot.

e) Motorbikes and other recreational vehicles must not be used within the Community Property or Allotments, except on public roads in accordance with the Australian road rules.

f) The private access road to proposed Lots 2, 3, 4 and 5 will not be maintained by Council nor accessed by the Garbage collection service.


34. Payment of a cash contribution to Council in accordance with the provisions of Dungog Section 94 Contributions Plan 2004 adopted 29 September 2004.

The following contributions, which are subject to quarterly adjustment, are to be paid prior to the release of linen plan and subdivision certificate.

Clarence Town Catchment

Sports Fields $ 6,984.00 Parklands $ 168.00 Swimming Pool $ 1,313.00 Indoor Sports Facility $ 1,382.00 Local Community Centre $ 511.00 District Community Centre $ 345.00 Youth Venue $ 278.00 Arts & Craft Centre $ 76.00 Aged Facility $ 253.00 Library $ 771.00 Pre-School $ 1,026.00 Rural Sub-Arterial Roads upgrades $ 472.00 Rural Local Roads and intersection upgrades $ 2,110.00 Bikeway Facilities $ 231.00 Fire Services $ 1,424.00 Section 94 Management $ 1,005.00 Administration $ 703.00 Total $19,052.00/ additional lot created

20 additional lots = $381,040.00 Reason: This development results in increased demand on existing amenities or services that has been identified in respective contribution plans. These plans are available for inspection at Council’s offices, Dowling Street, Dungog. Council will hold the money payable under this condition and utilise these funds to upgrade amenities or services in the future.

Advice: Copies of the Contributions Plan are available for inspection and purchase at Council’s Administration Building, Dungog.

The applicant and / or subdivider must contact Council prior to the payment to determine the current rate of contribution, as the rates are revised quarterly. Staging of payments is permitted if staging of development is approved by the terms of this consent.

35. The applicant shall provide an instrument under Section 88B of the Conveyancing Act setting

out the terms of easements and/or Restrictions as to User as may be required by conditions of this consent. Council is to be a party empowered to release, vary or modify those (and only those) easements and/or restrictions required by conditions of this development consent.

Advice: Environmentally sensitive parts of the site, including vegetated areas, should be maintained and enhanced through implementation of restrictions on the use of the community land and individual lots. In addition, building colours should be limited to earthy tones (e.g. muted greens, browns and greys) and highly reflective materials or colours should not be allowed.

36. A designated Building Envelope, approved by Council, is to be delineated and fully

dimensioned on each vacant lot on the final plan of survey, and a Section 88B Instrument submitted for Council’s acceptance that restricts building outside of the building envelope.

Reason: To ensure that proposed buildings are restricted to the designated Building Envelope.

Advice: A “building envelope” is a parcel of land suitable for the siting of a dwelling-house which is not subject to hazards, such as bush fire risk; erosion, landslip, poor drainage soil or


slope constraints; flooding; vegetation / habitat values; wildlife corridors; scenic amenity; buffer areas, or the like, and – (i) is based on the principles of the NSW Floodplain Management Manual; (ii) is set back from a road at a reasonable distance so as not to result in creating a visual

intrusion on the rural landscape; (iii) can be accessed by an all - weather road; and (iv) is capable of on-site disposal of domestic effluent.

37. The plan of subdivision and Section 88B instrument shall establish the following restrictive

covenants; with the Council having the benefit of these covenants and having sole authority to release, vary or modify these covenants. Wherever possible the extent of the land affected by these covenants shall be defined by bearings and distances shown on the plan of subdivision.

On proposed Lots 2, 3, 14, 15, 16, 17, 18, 19, 20 and 21:

a. Prohibiting vehicle ingress or egress to and from Limeburners Creek Road.

Reason: To ensure the development does not increase separate individual traffic movement onto Limeburners Creek Road.

38. All Landscaping shall be completed in accordance with the approved Landscaping Plan 39. Boundary fencing shall be installed prior to release of Subdivision Certificate: 40. The plan of subdivision shall identify the 1:100 year flood line of 7.5AHD in accordance with the

latest Williams River Flood Study. Reason: To ensure properties are well defined in relation to flooding. 41. A Subdivision Certificate will not be issued nor the final plan signed and released by Council

until all conditions of consent have been complied with to Council’s satisfaction.

Reason: To ensure compliance with Council’s requirements. 42. The applicant shall submit an identification survey by a registered surveyor confirming that the

existing dwelling house, outbuildings and effluent disposal system are wholly contained within Proposed Lot 2.

43. The developer shall arrange for the submission to Council of Work As Executed information

prior to release of the Subdivision Certificate. The information is to be submitted in hard copy and in electronic format compatible with AutoCAD. This information is to be approved by Council prior to issue of the Subdivision Certificate.

Reason: To ensure Council has documentary proof of all their assets to complete appropriate records.

44. Dedication of land required by Council for all roads and pathways, free of all costs to Council.

Reason: To ensure that the development complies with Council requirements. 45. All civil engineering works to be transferred to Council ownership shall be covered by a 12

months Maintenance Bond in accordance with Council’s Bonding Policy. The 12 months Maintenance Bond shall commence from the Practical Completion date identified by Council or until registration of the subdivision plan whichever is greater.

Reason: To ensure all civil engineering works being transferred to Council ownership are at an

acceptable standard when transferred.


46. Creation of drainage, water and service easements where required and/or as directed by Council free of all costs to Council. Reason: To ensure that all easements are in place to satisfy Council requirements.

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

Reason: To ensure all Fees & Charges are paid at the correct rate at the time of payment. Special Conditions – Other Authorities Hunter-Central Rivers Catchment Management Authority

48. Building envelopes will not include remnant vegetation, with the exception of Lots 10, 15 and

18 which may result in the clearing of 1 tree per lot. 49. Fencing is to be completed by the landholder prior to the registration of the community plan

and the fencing will not result in remnant native trees being removed. 50. The building of future dwellings will be limited to the approved building envelopes. 51. A community management plan will prohibit the grazing and keeping of hard hoofed animals

within areas of native vegetation or areas to be rehabilitated. 52. The community property land (Lot 1) and the floodplain land within Lot 3 are to be rehabilitated

with native vegetation suitable to the remnant vegetation type and maintained for ecological conservation in perpetuity. Management of the community title land may include:

i. retaining dead and fallen timber ii. control of weeds to maximum of 10% cover iii. exclusion of horses, pets, etc iv. planting with indigenous species (including all growth forms such as tall trees, shrubs,

groundcover) v. encourage and retain regrowth vi. retaining rocks vii. control feral animals, particularly herbivores

53. As the land will still be subject to the Native Vegetation Act post subdivision it is important that

Lot 1, the rehabilitated area of Lot 3 and the remnant vegetation outside building envelopes in all other lots restrict the use of Routine Agricultural Management Activities (RAMAs) to the following only:

i. removal of noxious and feral plants ii. control of noxious and pest animals iii. traditional Aboriginal cultural activities iv. maintenance of public utilities v. imminent risk of injury or damage

NSW Rural Fire Service 54. The development proposal is to comply with the subdivision layout identified on the drawing

prepared by Asquith & deWitt Pty Ltd numbered 36725 and dated 2 October, 2007.

Advice: Any further development application for class 1, 2 and 3 buildings as identified by the Building Code of Australia must be subject to separate application under section 79BA of the Environmental Planning and Assessment Act, 1979 and address the requirements of Planning for Bushfire Protection 2006.


Department of Environment & Climate Change 55. If human remains are located during the project, the works should cease in the immediate area

to prevent any further impacts to the find or finds. The local police, Aboriginal community representatives and the DECC are to be notified. If the remains are found to be of Aboriginal origin and the police consider the site not an investigation site for criminal activities, the DECC should be contacted and notified of the situation. Works are not to resume in the designated area until approval in writing is received from either the Police or the DECC.

56. The applicant must apply for consent pursuant to section 90 of the National Parks and Wildlife

Act 1974 (NPW Act), prior to disturbing, damaging or destroying Aboriginal objects that occur on the land which is the subject of the development application.

57. If Aboriginal cultural objects are uncovered due to the development activities, the site is to be

registered in the AHIMS (managed by the DECC) and the management outcome for the site included in the information provided to the AHIMS. It is recommended that the Aboriginal community representatives for the development are consulted in developing and implementing management strategies for the site, with all information required for informed consent being given to the representatives for this purpose.

58. It is also noted that the building envelopes do not have vehicle access routes included.

Vehicle access routes for each building envelope will need to be identified in locations which avoid/minimise impacts on Aboriginal cultural heritage values. Vehicular access-ways and the compression of this land would be considered impact according to the NP & W Act. Each building envelope requires a passageway for vehicular access and it is recommended Council clarify this matter before the approval process is finalised.

The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 8 for and 0 against, as follows:

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

Matthew Brown 3. C R PARISH – LOT 25 DP 752459 NO. 218 PARISHS ROAD, HILLDALE DA 3/07

Minute No. 34298 A MOTION was moved by Cr Wall and seconded by Cr Mitchell that DA 3/07 be approved subject to the following conditions: General 1. All works are to be carried out in accordance with the submitted and approved plans and



metres per annum (as stipulated in the SEE). The annual extraction rate has been capped at 10 000 cubic metres to provide for seasonality and varying demand. The operation is also limited to 1000 cubic metre per annum of imported material for screening.





whilst excavating, work is to cease immediately and the Department of Environment and Climate Change are to be contacted immediately

4. The material obtained from the quarry operation shall only be used as stipulated in the

statement of environmental effects as submitted with the DA. This includes gravel only for private use within the rural property and use by Council on local public roads. In the event that gravel is transported off site for new or alternate commercial purposes a new development application is required to be submitted to Council for determination.










the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program. Reason: To ensure that property addressing is of a uniform nature.










detention facility, all Erosion & Sediment Control devices shall be installed at this stage.



It should be noted that Council charge fees for inspections and Compliance Certificates. These inspection fees must be paid prior to release of the Construction/Occupation/Subdivision Certificate associated with the Development Consent. At the time of issuing this Development Consent Council’s Inspection Fee was $105.00 per inspection. Compliance (Inspection) Fees will be adjusted in accordance with Council’s Fees & Charges operating at the time of inspection. In the event further additional inspections are required those inspections will attract inspection fees.


easily visible markers. This is so that Council officers can readily inspect the development to ensure its compliance with the Environmental Planning and Assessment Regulation 2000 – Schedule 3



18. All excavation is to be carried out within the survey area identified in condition 16. 19. An Erosion and Sediment Control Plan shall be submitted to Council for approval. The



type structure to arrest stormwater and sediment from the site. • An associated Management Plan for the facility to satisfactorily address its

ongoing future maintenance and cleaning.

20. The applicant is to lodge a full rehabilitation plan to Council prior to commencement of works. This is to include elevations that will show what the site will look like upon completion. This is to include a detailed plan how the site will be revegetated including vegetation buffers, species type and location. Upon the completion of works the applicant is to demonstrate a positive environmental outcome. The rehabilitation plan is to be to the satisfaction of Council’s environmental department.

On being put the motion was carried. The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 8 for and 0 against, as follows:

For: Wall, Mitchell, Booth, Ainsworth, Johnston, McKenzie, Lloyd, Thompson Cr Farrow returned to the Chambers at 6.40 pm.


Matthew Brown 4. M J FARRELL – LOT 341 DP 1075646 NO. 210 BLACK CAMP ROAD, CAMBRA DA 27/07

Minute No. 34299 A MOTION was moved by Cr Wall and seconded by Cr Thompson that DA 27/07 be approved subject to the following conditions: General 1. All works are to be carried out in accordance with the submitted and approved plans and













shall not be disturbed. 10. Trading hours are to be restricted 7.00am - 8.00pm on weekdays and 8.00am - 8.00pm on

Saturday. No works are permitted on Sunday or public holidays. 11. All excavations works associated with the development must be properly guarded/protected


the emission of any dust, smell, smoke, vapour, fume or otherwise.


13. The developer shall ensure that satisfactory arrangements have been made with Council for the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program.









detention facility, all Erosion & Sediment Control devices shall be installed at this stage.



It should be noted that Council charge fees for inspections and Compliance Certificates. These inspection fees must be paid prior to release of the Construction/Occupation/Subdivision Certificate associated with the Development Consent. At the time of issuing this Development Consent Council’s Inspection Fee was $105.00 per inspection. Compliance (Inspection) Fees will be adjusted in accordance with Council’s Fees & Charges operating at the time of inspection. In the event further additional inspections are required those inspections will attract inspection fees.



16. The quarry operator must maintain an accurate record of extraction from the quarry on an ongoing basis. These records must be maintained for a period of at least five years and be made available on request to Council. The quarry operator may be required at the discretion of Council to complete and provide additional surveys of the quarry and a comparison with the Development Application to identify extraction rates.

17. All excavation is to be carried out within the survey area identified in condition 15.

18. In the event that the quarry operations cease indefinitely, prior to the quarry resource being fully utilised the site is to be rehabilitated in accordance with the rehabilitation plan submitted to and approved by Council.

19. Having regard to the proposed development (quarry) it shall be necessary for the developer

to provide an on-site stormwater/sediment control detention facility and associated Management Plan to arrest and treat stormwater and sediment as a direct consequence of


the development. Detailed plans and the Management Plan must be submitted to Council for approval.

Advice: All works to be approved by Council prior to the release of the Occupation Certificate for the development.

20. An Erosion and Sediment Control Plan shall be submitted to Council for approval. The



type structure to arrest stormwater and sediment from the site. • An associated Management Plan for the facility to satisfactorily address its

ongoing future maintenance and cleaning. 21. The applicant is to lodge a full rehabilitation plan to Council prior to commencement of



For: Wall, Mitchell, Booth, Ainsworth, Johnston, McKenzie, Lloyd, Thompson, Farrow Cr Johnston left the Chambers at 7.41 pm.

Matthew Brown 5. R B SMITH PARTNERSHIP – LOT 2 DP 208920 NO. 990 SALISBURY ROAD, MUNNI DA 217/06

Minute No. 34300 A MOTION was moved by Cr Wall and seconded by Cr Mitchell that DA 217/06 be approved subject to the following conditions: General 1. All works are to be carried out in accordance with the submitted and approved plans and


2. The quarry is not to exceed the area size limit of 2 hectares or volume of 30 cubic metres

per annum (as stipulated in the SEE). The extraction figure has been increased from the current extraction rates to provide for seasonality and varying demand.

Records are to be submitted to Council on an annual basis that certifies the extraction levels have not exceeded the approved capacity of 30 cubic metres per annum.



3. The material obtained from the quarry operation shall only be used as stipulated in the statement of environmental effects as submitted with the DA. This includes gravel only for private use within the rural property only. No gravel is to be carted off the subject property. In the event that gravel is transported off site for new or alternate commercial purposes, a new development application is required to be submitted to Council for determination. It is to be noted the site distance arrangements with the access are not suitable to commercial operations.


whilst excavating, work is to cease immediately and the Department of Environment and Climate Change are to be contacted immediately


Cover. 6. The applicant is to ensure the proposal complies with the Mine Health and Safety Act 2004 7. The development is to comply with the Protection of the Environment Operations (Noise

Control) Regulation 2008 8. The proposal is to comply with the NSW Planning For Bushfire Protection Guidelines 2006. 9. The applicant shall ensure that adequate methods of dust management, such as water



shall not be disturbed. 11. Trading hours are to be restricted to 7.00am - 8.00pm Monday to Friday and 8.00am -

8.00pm on Saturday. No works are permitted on Sunday or public holidays. 12. All excavations works associated with the development must be properly guarded/protected







Request for inspections may be made either by telephone or in person. Forty eight (48) hours notice must be given for inspections.



Note: STAGE INSPECTIONS are required to be carried out in order to ensure that an Occupation Certificate can be issued. In the event that any stage inspection is not carried out, an Occupation/Subdivision Certificate cannot be issued.

(a) After stripping of topsoil from the on-site stormwater/sediment control detention facility, all Erosion & Sediment Control devices shall be installed at this stage.



It should be noted that Council charge fees for inspections and Compliance Certificates. These inspection fees must be paid prior to release of the Occupation Certificate associated with the Development Consent. At the time of issuing this Development Consent Council’s Inspection Fee was $105.00 per inspection. Compliance (Inspection) Fees will be adjusted in accordance with Council’s Fees & Charges operating at the time of inspection. In the event further additional inspections are required those inspections will attract inspection fees.

16. The total disturbed area of no more than 2 hectares is to be pegged out with permanent, easily visible markers. This is so that Council officers can readily inspect the development to ensure its compliance with the Environmental Planning and Assessment Regulation 2000 – Schedule 3.

17. In the event that the quarry operations cease indefinitely, prior to the quarry resource being

fully utilised, the site is to be rehabilitated in accordance with the rehabilitation plan submitted to and approved by Council.

18. Having regard to the proposed development (quarry) it shall be necessary for the developer to provide an on-site stormwater/sediment control detention facility and associated Management Plan to arrest and treat stormwater and sediment as a direct consequence of the development. Detailed plans and the Management Plan must be submitted to Council for approval.

Advice: All works to be approved by Council prior to the release of the Occupation Certificate for the development.

19. An Erosion and Sediment Control Plan shall be submitted to Council for approval. The


• An on-site stormwater/sediment control detention facility in the form of a dam type

structure to arrest stormwater and sediment from the site. • An associated Management Plan for the facility to satisfactorily address its ongoing

future maintenance and cleaning. 20. The applicant is to lodge a full rehabilitation plan to Council prior to commencement of

works. This is to include elevations that will show what the site will look like upon completion. This is to include a detailed plan how the site will be revegetated including vegetation buffers, species type and location. Upon the completion of works the applicant is to demonstrate a positive environmental outcome. The rehabilitation plan is to be to the satisfaction of Council’s Environmental Department.


For: Wall, Mitchell, Booth, Ainsworth, McKenzie, Lloyd, Thompson, Farrow

Cr Johnston returned to the Chambers at 6.43 pm.


Matthew Brown 6. LOT 3 DP 758250 NO. 89-91 DURHAM STREET, CLARENCE TOWN

DA 232/07 Précis: Erection of temporary structure – Lot 3 Sec 12 DP 758250 No. 89-91 Durham Street, Clarence Town.

******** Minute No. 34301

RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that the report be considered in Closed Session of Council as the report is confidential as it relates to the personal hardship of a resident or ratepayer.

Matthew Brown 7. LOT 8 DP 758250 NO. 70-72 GREY STREET, CLARENCE TOWN TPA 68/23 Précis: Clarification of Dwelling Entitlements – Lot 8 Sec 12 DP 758250, 70-72 Grey Street, Clarence Town.

******** Minute No. 34302

RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that the report be considered in Closed Session of Council as the report is confidential as it relates to the personal hardship of a resident or ratepayer.

Matthew Brown 8. PATERSON RIVER PONY CLUB – DA REFUND REQUEST DA 104/08 Précis: Paterson River Pony Club – DA Fee Refund Request.

******** Minute No. 34303

RESOLVED on the motion of Cr Thompson and seconded by Cr Mitchell that: 1. In accordance with Council Policy C4.5 – Financial Assistance to Small Non-Profit

Organisations with Development Application Fees, Council refund the development application fees ($385.00) as an unconditional donation to the Paterson River Pony Club.

2. Council NOT refund the building certificate application fee of $210.00.


Matthew Brown 9. BASIX SINGLE DWELLING OUTCOMES – 2005-08 – ONGOING MONITORING PROGRAM EF08/172 Précis:

BASIX Single Dwelling Outcomes – 2005-08 – Ongoing Monitoring Program - Release of Report by DoP.

******** Minute No. 34304

RESOLVED on the motion of Cr Farrow and seconded by Cr Mitchell that the report be received and information noted. Matthew Brown 10. DUNGOG SHIRE DEVELOPMENT CONTROL PLAN – PART A – SECTION 2 -

DEVELOPMENT APPLICATION REQUIRMENTS – PROPOSED AMENDMENT EF08/532 Précis: Dungog Shire Development Control Plan – Part A – Section 2 – Development Application Requirements – Proposed removal of courtesy notification provision.

********

Minute No. 34305 RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that: 1. Council approve the changes to the Dungog Development Control Plan – Part A – Section 2

– Development Application Requirement.

2. The draft Development Control Plan be placed on public exhibition for a period of twenty eight (28) days.

Matthew Brown 11. DUNGOG SHIRE DEVELOPMENT CONTROL PLAN – COMPLYING DEVELOPMENT EF08/532 Précis: Dungog Shire Development Control Plan – Part B – Section 2 – Complying Development. Advertising period has expired. No submissions received.

********

Minute No. 34306 RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that Council adopt the amended Dungog Development Control Plan – Part B – Section 2 – Complying Development. The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:

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


Matthew Brown

12. DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS EF08/172 Précis: Consideration of Draft Environmental Planning Instruments (EPI’s) – Recent Planning Circular.

******** Minute No. 34307

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be received and information noted. Matthew Brown 13. REPORTING VARIATIONS TO DEVELOPMENT STANDARDS EF08/172 Précis:

Reporting of Variations to Development Standards – Recent Planning Circular.

********

Minute No. 34308 RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be received and information noted.

Matthew Brown 14. DEPARTMENT OF PLANNING – SPOT REZONINGS EF07/93 Précis: Clarification of the Department of Planning’s Position on Spot Rezonings.

********

Minute No. 34309 RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be received and information noted.

Matthew Brown 15. STRATEGIC PLANNING UPDATE EF08/226 Précis: There are at present a number of strategic planning applications being processed. Refer to the summary and status included below.

********** Minute No. 34310

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


Matthew Brown

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

********** Minute No. 34311

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be received and information noted. Councillor Wall declared a conflict of Interest in DA134/08 as a member of his wife’s family affected the boundary adjustment. Cr Wall did not leave the Chamber but took no place in the vote.

Matthew Brown 17. DEVELOPMENT APPLICATIONS - DELEGATED AUTHORITY

EF08/228 Précis: Development Consent has been granted to the following development applications under delegated authority for the month of November 2008.

*********** Minute No. 34312

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

Terry Kavanagh 1. RAILCORP QUARRY AT MARTINS CREEK EF08/166 Précis: This report is to advise Councillors on recent developments in relation to the proposed expansion of the RailCorp Martins Creek Quarry, to provide legal advice in relation to this operation and to seek direction on future action by Council. The report is a copy with minor modification of a report considered at Councils Ordinary meeting in October this year. At this meeting the report was deferred to the December meeting pending further advice.

********** Minute No. 34313

RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that the report be considered in Closed Session of Council as the report is confidential as it contains advice concerning potential litigation.


Terry Kavanagh

2. EXTENSION OF THE NSW WASTE AND ENVIRONMENT SECTION 88 LEVY EF08/206

Précis: This report is to advise Council of recent proposed amendments to the NSW Governments Waste and Environment Levy that will effectively include waste disposed of at Councils Short Street Landfill.

********** Minute No. 34314

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

Terry Kavanagh 3. REVIEW OF COUNCILS CEMETERIES AND BURIALS ON PRIVATE LAND POLICIES EF08/534 Précis: This report provides for review Councils Cemeteries Policy and Burials on Private Lands Policy.

********** Minute No. 34315

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that: 1. The Cemeteries Policy and Burials on Private Land Policy are advertised and submissions

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

Council.

Terry Kavanagh 4. RURAL LAND PROTECTION BOARD STOCK PERMITS ON DUNGOG SHIRE COUNCIL ROAD RESERVES C5:7

EF08/523 Précis: This report provides for review of Councils Policy No C5:7 Rural Land Protection Board Stock Permits on Dungog Shire Council Road Reserves.

********** Minute No. 34316

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

1 The Rural Lands Protection Board Stock Permits on Dungog Shire Council Road Reserves Policy C5:7 is advertised and submissions received for a period of 28 days.

2 Policy Number C5:8 Issue of Rural Lands Protection Board Stock Permits on Dungog Shire

Council Road Reserves is deleted from the Policy register

3 If no submissions are received, at the end of this period, the policy be formally adopted by Council.


QUESTIONS WITHOUT NOTICE Cr Joe Thompson – Correspondence had been received from Mr & Mrs Douglas regarding the development by Hunter Water on the property adjacent to theirs. Concerns include noise & dust pollution and the impact on Hennys Road intersection. Mr & Mrs Douglas were frustrated by lack of information from Hunter Water. Could Council write letter of support to the Douglas’ recognising their concerns and offering assistance to them. General Manager will write to Mr & Mrs Douglas. BUSINESS OF AN URGENT NATURE Nil CLOSED COUNCIL

Minute No. 34317 RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that: 1. Council resolve into closed council to consider business identified, together with any late reports tabled at the meeting. 2. Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) of the Local Government Act 1993. 3. The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993. Council closed its meeting at 8.02 pm. The public and media left the Chamber.

Minute No. 34324 A MOTION was moved by Cr Wall and seconded by Cr Thompson that Council move out of Closed Council and into Open Council. Open Council resumed at 8.58 pm. The following resolutions of Council while the meeting was closed to the public were read to the meeting by the General Manager.


INFRASTRUCTURE & ASSETS DEPARTMENT A/EXECUTIVE MANAGERS REPORT

Terry Wilson 1. LEASE OPTIONS - DUNGOG SALEYARDS – HUNTER VALLEY STOCK AND

PROPERTY PTY LTD EF08/412 Précis The current Lessee of Council’s Dungog Saleyards, Hunter Valley Stock and Property Pty Ltd wish to exercise their option to continue with the lease at Council’s Saleyards, Dungog.

********** Minute No. 34318

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that: 1. Council agrees to the application from Hunter Stock and Property Pty Ltd to extend the

current lease agreement between them and Dungog Shire Council associated with the Dungog Saleyards for a further 5 years commencing on 1 March 2009 and terminating on 28 March 2014 with a further option to renew for 5 years after the first 5 year term.

2. Council advise Hunter Stock and Property Pty Ltd that the commencing annual rental of the

yards has been calculated at $5,888.40 and will be adjusted in accordance with the lease conditions.

PLANNING DEPARTMENT MANAGER’S REPORT

Matthew Brown 1. LOT 3 DP 758250 NO. 89-91 DURHAM STREET, CLARENCE TOWN

DA 232/07 Précis: Erection of temporary structure – Lot 3 Sec 12 DP 758250 No. 89-91 Durham Street, Clarence Town. Consideration of issues raised by applicant in the response to the issued Notice of Intention to Issue an Order under section 121B of the EPA Act 1979.

******** Minute No. 34319

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that: 1. Council instruct staff to proceed with option 3 as detailed in the report. 2. Council staff prepare correspondence advising the applicant that the temporary site

office/amenities building is to be relocated to the levelled site adjacent to the existing shed. The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:



Matthew Brown

2. LOT 8 DP 758250 NO. 70-72 GREY STREET, CLARENCE TOWN TPA 68/23 Précis: Clarification of Dwelling Entitlements – Lot 8 Sec 12 DP 758250, 70-72 Grey Street, Clarence Town.

******** Minute No. 34320

A MOTION was moved by Cr Wall and seconded by Cr Johnston that Council resolve to accept the Development Application in consideration of the certainty of the Clarence Town Sewerage Scheme. The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:


####### Minute No. 34321

A MOTION was moved by Cr Wall and seconded by Cr Mitchell that Council move into Committee of the Whole Closed Session. On being put the motion was carried.

Council resolved into Committee of the Whole Closed Session at 8.17 pm. Councillors discussed the Environmental Services Department Report regarding Martins Creek Quarry and sought clarification from staff. A motion was moved by Cr McKenzie and seconded by Cr Booth that the following Committee recommendations be made: 1. That Dungog Shire Council commence Class 4 proceedings against Railcorp in the Land &

Environment Court seeking appropriate declarations and/or injunctions in relation to excessive and unauthorised production at its Martins Creek Quarry.

2. That Council’s solicitor is directed to formally advise Railcorp of Council’s intention in relation

to this matter. 3. That this report remains confidential until the matter is resolved.

####### Minute No. 34322

A MOTION was moved by Cr Wall and seconded by Cr Mitchell that Council resolves into Closed Council at 8.55 pm. On being put the motion was carried.


ENVIRONMENTAL SERVICES DEPARTMENT MANAGERS REPORT Terry Kavanagh 1. MARTINS CREEK RAILCORP QUARRY EF08/166, TPA’s 1553/1502, 1553/16, 1553/17 Précis: This report is to advise Councillors on recent developments in relation to the proposed expansion of the RailCorp Martins Creek Quarry, to provide legal advice in relation to this operation and to seek direction on future action by Council.

********** Minute No. 34323

A MOTION was moved by Cr Ainsworth and seconded by Cr Lloyd that Council adopt the recommendations of the Committee of the Whole Closed Session that: 1. Dungog Shire Council commence Class 4 proceedings against Railcorp in the Land &

Environment Court seeking appropriate declarations and/or injunctions in relation to excessive and unauthorised production at its Martins Creek Quarry.

2. Council’s solicitor be directed to formally advise Railcorp of Council’s intention in relation to

this matter. 3. This report remains confidential until the matter is resolved. There being no further business the meeting terminated at 9.01 pm. Confirmed ................................................. Date .................................................

minutes of the ordinary meeting - dungog.nsw.gov.au · 5. r b smith partnership – development...

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