ORDINARY MEETING AGENDA 26 AUGUST 2020 - Hilltops ...

ORDINARY MEETING AGENDA

26 AUGUST 2020

To commence at 4.30pm, Wednesday, 26 August 2020 Hilltops Council, Young Chambers, 189 Boorowa Street, Young

and via Video Conference

ORDINARY MEETING AGENDA 26 August 2020

Held in the Hilltops Council, Young Chambers, 189 Boorowa Street, Young ____________________________________________________________________________________

AGENDA

1. OPENING OF THE MEETING ...................................................................................................................... 32. ACKNOWLEDGEMENT OF COUNTRY ...................................................................................................... 33. HOUSEKEEPING ......................................................................................................................................... 33.1 LIVE STREAMING, RECORDING AND PUBLISHING OF COUNCIL MEETINGS ..................................... 3 3.2 PUBLIC FORUM ........................................................................................................................................ 3 4. ATTENDANCE - APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE BY COUNCILLORS .... 35. SYMPATHY EXPRESSIONS ......................................................................................................................... 46. CONFIRMATION OF MINUTES .................................................................................................................. 56.1 – 20/149 – CONFIRMATION MINUTES HILLTOPS COUNCIL ORDINARY MEETING 22 JULY 2020 ..... 5 6.2 – 20/150 – CONFIRMATION MINUTES HILLTOPS COUNCIL EXTRAORDINARY MEETING 31 JULY 2020 ................................................................................................................................................................ 17 7. DISCLOSURES OF INTEREST ....................................................................................................................... 278. MAYORAL MINUTE .................................................................................................................................... 279. MAYORAL REPORTS .................................................................................................................................. 279.1 – 20/151 - MAYORAL REPORT AUGUST 2020 ....................................................................................... 27 10. COUNCILLOR REPORTS ........................................................................................................................... 2810.1 - 20/152 - COUNCILLOR – MEETINGS ATTENDED............................................................................... 28 11. COMMUNITY RECOGNITION SCHEME .................................................................................................. 2912. GENERAL MANAGER’S REPORT ............................................................................................................. 2912.1 - 20/153 – CASH AND INVESTMENT REPORT ...................................................................................... 29 12.2 - 20/154 – OUTSTANDING RATES AND CHARGES AND SUNDRY DEBTORS REPORT .......................31 12.3 - 20/155 – AMENDMENTS TO THE MODEL CODE OF CONDUCT AND PROCEDURES .....................36 12.4 - 20/156 – DRAFT SERVICE PLAN – KRUGER HEALTH AND WELLNESS COMPLEX HARDEN ......... 156 12.5 - 20/157 – MEMORANDUM OF UNDERSTANDING (VARIETY – THE CHILDREN’S CHARITY NSW/ACT) ................................................................................................................................................... 161 12.6 - 20/158 – PRIVATE WEEDS WORKS .................................................................................................. 170 12.7 – 20/159 – DEVELOPMENT APPLICATION STATISTICS FOR JULY 2020 ........................................... 173 12.8 - 20/160 – REQUEST TO WAIVE MONTEAGLE RFS BRIGADE STATION EXTENSION DEVELOPMENT APPLICATION FEES ..................................................................................................................................... 184 12.9 - 20/161 – 2019/DA-00103.2 MODIFICATION – DRIVEWAY AND CARPARK SEAL, 25 MARSDEN STREET, BOOROWA ..................................................................................................................................... 186 12.10 – 20/162 - DA2020/0020: OUTDOOR RECREATIONAL FACILITY FOR MOTOCROSS AND SUPERCROSS TRAINING AT LOT 8 DP 1103208, 942 OLYMPIC HWY NORTH, YOUNG ......................... 195 12.11 - 20/163 – ESTABLISHMENT OF ALCOHOL FREE ZONES HARDEN MURRUMBURRAH................. 296 12.12 - 20/164 – LOCAL ROAD AND COMMUNITY INFRASTRUCTURE PROGRAM GRANT ................. 299 12.13 - 20/165 – GALONG MINE VOLUNTARY PLANNING AGREEMENT - ROAD COMPONENT UPDATE

................................................................................................................................................................305 12.14 - 20/166 – REGIONAL ROAD TRANSFER AND NSW ROAD CLASSIFICATION REVIEW ............... 309 12.15 - 20/167 – HILLTOPS WORKS REPORT ............................................................................................. 311 12.16 - 20/168 – ACTION SUMMARY REPORT ......................................................................................... 321 CORRESPONDENCE FOR INFORMATION ................................................................................................. 331 12.17 – 20/169 – MEDIA RELEASES AND OFFICE OF LOCAL GOVERNMENT CIRCULARS ................... 331 COUNCIL COMMITTEE REPORTS – REQUIRING ACTION ......................................................................... 332 12.18 – 20/170 – BOOROWA COMMUNITY GARDEN COMMITTEE ....................................................... 332 12.19 - 20/171 – MURRINGO COMMUNITY ASSOCIATION INC. AND MURRINGO 355 COMMITTEE 335 12.20 - 20/172 - COMMITTEE REPORTS – REQUIRING NO ACTION ....................................................... 345 13. QUESTIONS WITH NOTICE .................................................................................................................... 37113.1 – 20/173 – BOOROWA DAM REPORT ............................................................................................... 371

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1. OPENING OF THE MEETING

2. ACKNOWLEDGEMENT OF COUNTRYMay I firstly acknowledge the traditional owners of land we meet on today – I humbly pay my respects to the people of the Wiradjuri nation, their past, future, and emerging elders.

3. HOUSEKEEPING I note there are a number of people in attendance. If you are asked to

evacuate, the emergency procedure is to: Exit via the door leading out of the building directly outside the

Council Chambers; and proceed to the footpath opposite the Council Chambers and await further instructions.

3.1 LIVE STREAMING, RECORDING AND PUBLISHING OF COUNCIL MEETINGS This Council Meeting is being streamed live, recorded, and published in

accordance with Council’s Live Streaming in Council Meetings Policy. To those present in the gallery today, by attending a public meeting of the

Council you are consenting to your image, voice and comments being recorded and published.

Anyone who is invited to speak will be recorded and their voice, imageand comments will form part of the live stream and recording.

The Chair and/or the General Manager have the discretion and authorityat any time to direct the termination or interruption of live streaming. Such direction will only be given in exceptional circumstances where deemed relevant. Circumstances may include instances where the content of debate is considered misleading, defamatory, or potentially inappropriate to be published.

Attendees are advised that they may be subject to legal action if theiractions result in inappropriate and/or unacceptable behaviour and/or comments.

3.2 PUBLIC FORUM To commence at 4.30pm and via video conference if possible.

4. ATTENDANCE - APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE BYCOUNCILLORS

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5. SYMPATHY EXPRESSIONS

That staff and members of the public be upstanding for a minutes’ silence to express our sympathy on the passing of;

MOTION:

Keith Cootes, George Fitzgerald, Joyce Sell, Maxwell Green, Poppy Wilson, Keith Shean, Raymond Kinlyside, Fay Thomson, Robert Jubb, Wayne Starr, Ansley Edwards, Elwyn Turner, John Grant, Robert Ryan, Laurence Erwin

Moved: Mayor Brian Ingram

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6. CONFIRMATION OF MINUTES

6.1 – 20/149 – CONFIRMATION MINUTES HILLTOPS COUNCIL ORDINARY MEETING 22 JULY 2020 Responsible Officer: General Manager

PURPOSE The purpose of this report is to confirm the Minutes from Hilltops Council Ordinary Meeting held, 22 July 2020.

RECOMMENDATION

That Council:

(a) Confirm the Minutes from the Hilltops Council Ordinary Meeting dated 22 July 2020 as a true and accurate record.

REPORT/SUMMARY/BACKGROUND Confirm the minutes from the Hilltops Ordinary Council Meeting held in Young Chambers as a true and accurate record.

ATTACHMENTS: Attachment 1 - Ordinary Council Meeting Minutes 22 July 2020

POLICY AND LEGISLATION Local Government Act 1993

COMMUNITY STRATEGIC PLAN LINKAGE 3.1 Undertake Council activities within a clear framework of legislative compliance,

strategic planning, policies, risk management, procedures, and service standards.

CONSULTATION AND TIMING Hilltops Council Ordinary Meeting, 22 July 2020

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HILLTOPS COUNCIL ORDINARY MEETING MINUTES

22 July 2020, commencing at 4.32pm

Held in the Hilltops Council, Young Chamber 189 Boorowa Street, Young - VIA ZOOM

_____________________ ____________________ General Manager Mayor

ATTENDANCE Mayor Cr Brian Ingram COUNCILLORS Cr Gregory Armstrong Cr Tony Flanery Cr John Horton Cr Christopher Manchester – joined meeting at 4.58pm Cr Rita O’Connor Cr Margaret Roles Cr Wendy Tuckerman Cr John Walker Cr Antony Wallace – joined meeting 4.47pm STAFF Anthony O’Reilly General Manager John Hughes Director Corporate Claire Scott Acting Director Planning Mark Crisp Manager Civil Operations Courtney Taylor Chief Financial Officer APOLOGIES Cr Matthew Stadtmiller 20/151 RESOLVED: That Council:

(a) Grant a leave of absence to Cr Stadtmiller from the Hilltops Council Ordinary Meeting 22 July 2020.

Councillors: Ingram/Manchester Unanimous PUBLIC FORUM – VIA ZOOM Nil 5. SYMPATHY EXPRESSIONS That staff and members of the public be upstanding for a minutes’ silence to express our sympathy on the passing of: Dulcie Lewry, Ansley Edwards, George Riles, Dawn Sanderson, Dennis Bousfield, Sister Maureen Hummerston, Darren Dunn, Heather Brown; Sidney Walter Briggs OAM Moved: Mayor Brian Ingram

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6. CONFIRMATION OF MINUTES 6.1 – 20/127 – CONFIRMATION MINUTES HILLTOPS COUNCIL ORDINARY MEETING 24 JUNE 2020 20/152 RESOLVED: That Council:

(a) Confirm the Minutes from the Hilltops Council Ordinary Meeting dated 24 June 2020 as a true and accurate record.

Councillors: Flanery/Horton Unanimous 6.2 – 20/128 – CONFIRMATION MINUTES HILLTOPS COUNCIL EXTRAORDINARY MEETING 3 JULY 2020 20/153 RESOLVED: That Council:

(a) Confirm the Minutes from the Hilltops Council Extraordinary Meeting dated 3 July 2020 as a true and accurate record.

Councillors: Armstrong/O’Connor Unanimous 7. DISCLOSURES OF INTEREST

Councillor Tuckerman – Non Pecuniary Interest – Mayoral Minute Item: 8.1 – 20/129a – Local Government Exclusion from National Cabinet

Option E – Make a declaration, stay in the Chamber, not participate in the debate, and not vote.

8. MAYORAL MINUTE 8.1 - 20/129a – LOCAL GOVERNMENT EXCLUSION FROM NATIONAL CABINET 20/154 RESOLVED: That Council:

(a) Agrees to send a letter to the Premier Gladys Berejiklian and Deputy Prime Minister and Federal Member for Riverina Michael McCormack and to Federal Member for Hume Hon Angus Taylor MP and the State members Steph Cooke MP for Cootamundra and Wendy Tuckerman MP for Goulburn respectively which highlights the Council’s disappointment that Local Government is not represented on the newly formed National Cabinet and seeks their assistance in requesting that First Ministers review the decision to exclude Local Government;

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(b) Seeks a meeting with our local Federal and State Members to discuss in more detail the importance of having local government representation on National Cabinet and the value of partnerships with Councils in achieving the objectives of the National Cabinet and the national reform agenda; and

(c) Notes that the Australian Local Government Association, Local Government NSW and other state/territory local government associations will continue to advocate for local government representation on the National Cabinet and for Local Government’s interests in all relevant forums.

Moved: Mayor Brian Ingram Unanimous Cr Tuckerman declared a non-pecuniary interest and did not vote. 9. MAYORAL REPORTS 9.1 – 20/129 - MAYORAL REPORT JUNE 2020 20/155 RESOLVED: That Council:

(a) Receive and note the Mayors engagements, July 2020. ENGAGEMENT DATES 25 June Video update following June Council Meeting 26 June Meeting with Tahlia Robertson regarding Graymont 29 June Interview with ABC Radio Central West regarding Hilltops events 30 June Canberra Region Joint Organisation Board Extraordinary Meeting 1 July Meeting with the General Manager 3 July Meeting with Graymont 3 July Hilltops Council Extraordinary Meeting 7 July Monthly Mayoral meetings with residents (via phone) 7 July LEP Committee Meeting 8 July Meeting with representatives from Ronald McDonald House – Wagga

Wagga 8 July Budget Workshop 9 July Meeting with Graymont 9 July Wyangala Dam Wall Raising Project Briefing 13 July Young Sports Advisory Committee Meeting 15 July Meeting with General Manager 15 July Budget Workshop 16 July Asset Management Working Group Meeting 20 July Sports Advisory Committee 22 July Hilltops Council Ordinary Meeting via zoom Councillors: Armstrong/O’Connor Unanimous

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10. COUNCILLOR REPORTS 10.1 - 20/130 - COUNCILLOR – MEETINGS ATTENDED 20/156 RESOLVED: That Council:

(a) Read and note the Councillor reports. Councillor John Horton 29 June Bill The Bastard meeting with Carl Valerius and Hilltops Council General

Manager, Anthony O'Reilly - Harden 3 July Hilltops Council Extraordinary Meeting - via zoom 4 July Art Exhibition - Young 4 July DA Meeting with Brodie Family - Jugiong 7 July LEP Meeting - via zoom 7 July Citizen McGregor concerns – re: vagrant sleeping at Young Library. Ongoing since 2018. 8 July Budget Workshop - via zoom 9 July Wyangala Dam Project Briefing - Young 13 July Bill The Bastard Meeting - Valerius - Harden 22 July Hilltops Council Ordinary Meeting - via zoom Councillor Rita O’Connor 3 July Hilltops Council Extraordinary Meeting - via zoom 8 July Budget Workshop via zoom 22 July Hilltops Council Ordinary Meeting - via zoom Councillor Margaret Roles 4 July Young Society of Artists Exhibition 7 July LEP Committee Meeting via zoom 8 July Budget Workshop via zoom 22 July Hilltops Council Ordinary Meeting - via zoom Councillor Gregory Armstrong 3 July Extraordinary Meeting of Hilltops Council 7 July LEP Review Committee Meeting 8 July Budget Workshop No.1 9 July Wyangala Dam Wall Raising Project Briefing 15 July Budget Workshop No.2 16 July Asset Management Working Group Meeting 22 July Hilltops Council Ordinary Meeting - via zoom Constituent meetings and phone calls. Councillor Tony Flanery 15 July Budget Workshop 19 July 2LF Interview 22 July Hilltops Council Ordinary Meeting via zoom

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Councillor Wendy Tuckerman Meetings as minuted 8 July Budget Workshop 15 July Budget Workshop 22 July Hilltops Council Ordinary Meeting via zoom Councillor John Walker Meetings as minuted 22 July Hilltops Council Ordinary Meeting via zoom Moved: Mayor Brian Ingram 11. COMMUNITY RECOGNITION SCHEME Nil 12. GENERAL MANAGER’S REPORT 12.1 - 20/131 – COUNCILLOR REMUNERATION 2020/2021 20/157 RESOLVED: That Council:

(a) Fix the annual fee for Councillor remuneration for the 2020/2021 financial year as $12,160 per Councillor, being the maximum fee for rural Councils prescribed by the NSW Local Government Remuneration Tribunal; and

(b) Fix an annual fee for mayoral remuneration for the 2020/2021 financial year as $26,530, being the maximum fee for rural Councils prescribed by the NSW Local Government Remuneration Tribunal, with the mayoral fee to be paid in addition to the fee paid to the mayor as a Councillor.

Councillors: Horton/Walker Unanimous 12.2 - 20/132 – DRAFT ADVERSE EVENTS PLAN 20/158 RESOLVED: That Council:

(a) Receive the draft Adverse Events Plan; and (b) Adopt the Adverse Events Plan, as presented, for integration into strategic and

operational control. Councillors: O’Connor/Armstrong Unanimous Councillor Wallace joins the meeting 4.47pm

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12.3 - 20/133 – PUBLIC EXHIBITION FOR MURRUMBURRAH FLOODPLAIN RISK MANAGEMENT STUDY AND PLAN 20/159 RESOLVED: That Council:

(a) Place the draft Murrumburrah Floodplain Risk Management Study and Plan on public exhibition for 28 days; and

(b) Receive a report to its Ordinary September 2020 Meeting to consider all submissions received from the public exhibition period prior to adoption of the Murrumburrah Floodplain Risk Management Study and Plan.

Councillors: Armstrong/Horton Unanimous 12.4 - 20/134 – HILLTOPS COUNCIL MAJOR EVENTS 2020 20/160 RESOLVED: That Council:

(a) Roll over all funding from the 2020 Destination New South Wales Event Grants to 2021 including Micro Event Funding for Irish Woolfest, $10,000 and Harden Kite Festival, $10,000. Plus, Triennial Flagship Event Funding for National Cherry Festival, $30,000 for three years 2021, 2022 and 2023;

(b) In conjunction with the Boorowa Irish Woolfest and Harden Kite Festival Section 355 Committees, conduct a COVID-19 safe and virtual activity program from September – October to feature activities that promote Boorowa and Harden to stimulate the Hilltops economy;

(c) In conjunction with the National Cherry Festival Section 355 Committee, conduct a COVID-19 safe and virtual activity program from November – December to promote Young featuring the Cherry Harvest to stimulate the Hilltops economy; and

(d) Endorse the Draft #ShoptheHilltops Campaign from August to December 2020 promoting local businesses and visitation to the region to stimulate the Hilltops economy.

Councillors: Horton/Armstrong Unanimous Councillor Manchester joins the meeting at 4.58pm 12.5 - 20/135 – CASH AND INVESTMENT REPORT AS AT 30 JUNE 2020 20/161 RESOLVED: That Council:

(a) Receive the Statement of cash and investments as at 30 June 2020. Councillors: Manchester/Walker Unanimous

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12.6 - 20/136 – OUTSTANDING RATES AND CHARGES COLLECTION REPORT 20/162 RESOLVED: That Council:

(a) Receive and note the report. Councillors: Manchester/Roles Unanimous 12.7 - 20/137 – FEE RELIEF OPTIONS 20/163 RESOLVED: That Council: (a) Reviews and notes the report; and (b) Considers the findings as part of its 2020/2021 budget deliberations. Councillors: Horton/Manchester Unanimous 12.8 – 20/138 - DEVELOPMENT APPLICATION STATISTICS FOR JUNE 2020 20/164 RESOLVED: That Council:

(a) Receive the status reports for Development Applications and Complying Development Certificates, month ending June 2020 for information only.

Councillors: Horton/Manchester Unanimous 12.9 - 20/139 – DA2020/0003 SECONDARY DWELLING AT 5 WHITEMAN AVENUE, YOUNG 20/165 RESOLVED: That Council:

(a) Grant consent to Development Application No. DA2020/0003 for the erection of a secondary dwelling at Lot 9 DP964876, 5 Whiteman Ave, Young subject to conditions generally set out in Attachment 2.

Councillors: Roles/Horton For: Councillors: Ingram, Armstrong, Flanery, Horton, Manchester, O’Connor, Roles,

Tuckerman Against: Councillors: Walker, Wallace Absent: Councillor: Stadtmiller

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12.10 - 20/140 – DA2020/0078 1 LOT INTO 3 LOT SUBDIVSION AND DWELLING ON ALL LOTS, 29 MURRINGO ROAD, YOUNG 20/166 RESOLVED: That Council:

(a) Grant consent to Development Application No. DA2020/0078 for one (1) lot into (3) lots subdivision, and a dwelling house on each new lot; and

(b) Consent conditions are issued generally in accordance with condition proposed in Attachment 1.

Councillors: Manchester/Horton For: Councillors: Ingram, Armstrong, Flanery, Horton, Manchester, O’Connor, Roles,

Tuckerman, Wallace Against: Councillor: Walker Absent: Councillor: Stadtmiller 12.11 - 20/141 – LOCAL ROAD AND COMMUNITY INFRASTRUCTURE PROGRAM GRANT 20/167 RESOLVED: That Council:

(a) Receive and Note the Report; (b) Endorse the balance of the grant by the nominated renewal works as tabled in the

report; and (c) Receive a further report on:

I. Cost of using Asphalty concrete in the Young CBD area and all other nominated footpaths;

II. Required adjustments to levels; and III. Colouring of asphalt to be white or low reflectivity for low heat reduction

impacts. Councillors: Armstrong/Flanery Unanimous 12.12 - 20/142 – REGIONAL ROAD TRANSFER AND NSW ROAD CLASSIFICATION REVIEW 20/168 RESOLVED: That Council:

(a) Receives and notes the report; and (b) Following Council discussion, that a further report in August be tabled outlining

Councils submission details. Councillors: Manchester/Horton Unanimous

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12.13 - 20/143 – HILLTOPS WORKS REPORT 20/169 RESOLVED: That Council:

(a) Receive and note the information provided on works completed and works planned.

Councillors: Horton/Wallace Unanimous 12.14 - 20/144 – ACTION SUMMARY REPORT 20/170 RESOLVED: That Council:

(a) Note the status of Council resolutions from the Action Plan; and (b) Endorse the removal of completed items from the Action Plan.

Councillors: Horton/Armstrong Unanimous CORRESPONDENCE FOR INFORMATION

INFORMATION 12.15 – 20/145 – MEDIA RELEASES AND OFFICE OF LOCAL GOVERNMENT CIRCULARS 20/171 RESOLVED: That Council:

(a) Note the media releases and dates of release from May 2020 – June 2020. All Hilltops Council media releases can be found on the Hilltops Council website: https://hilltops.nsw.gov.au/; and

(b) Note the Office of Local Government Circular and date of release for May – June 2020. All Office of Local Government Circular releases can be found on the Office of Local Government website:

https://www.olg.nsw.gov.au/Councils/essential-information-and-publications/circulars-for-Council Councillors: Manchester/Armstrong Unanimous 13. QUESTIONS WITH NOTICE Councillor Flanery – Request Report 26 August 2020 Dam Safety Emergency Plan - Boorowa

(a) What is outstanding with the Plan – are there any concerns with the Plan or is the Plan complete?

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14. NOTICE OF MOTION 14. 1 - 20/146 – REQUEST REPORT RE: RECOMMENCEMENT PRIVATE WEED CONTROL 20/172 RESOLVED: That Council:

(a) Receive a report at the 26 August 2020, Hilltops Council Ordinary Meeting on the merit of recommencing private weed control works.

Councillors: Wallace/Ingram Unanimous 15. CONFIDENTIAL MATTERS 15.1 - 20/147 – EXCLUSION OF THE PRESS AND PUBLIC 20/173 RESOLVED: That Council:

a) Resolve into Closed Council to consider business identified, together with any late reports tabled at the meeting; and

b) 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) as outlined above;

c) 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.

Councillors: Manchester/Wallace Unanimous ITEM 1: COMMERCIAL MATTER This item is classified CONFIDENTIAL under section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:

(d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it.

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15.2 - 20/148 – ENERGY SAVING CERTIFICATES PROVIDER FOR LED STREETLIGHT CONVERSION 20/174 RESOLVED: That Council:

(a) Receive and note the report; (b) Under S.55 part 3(i) of the Local Government Act 1993 not call open tenders for the

appointment of an Accredited Certificate Provider due to extenuating circumstances, instead appoint the National Carbon Bank of Australia to this role; and

(c) Delegate to the General Manager to execute documentation as required and write to the National Carbon Bank of Australia and Essential Energy notifying them of Council’s resolution.

Councillors: Flanery/Horton Unanimous 20/175 RESOLVED: That Council:

(a) Move out of Closed Council and resolutions made in Closed Council were read and moved as a block in Open Council; and

(b) That the resolution of the Council in confidential session be adopted. Councillors: Manchester/Wallace Unanimous Mayor put the Motion to accept the Closed Council Motion 20/174 20/176 RESOLVED: That Council:

(a) Accept the Closed Motion 20/174 as resolved in Closed Session. Councillors: Manchester/Roles For: Councillors: Ingram, Flanery, Horton, Manchester, O’Connor, Roles, Tuckerman,

Walker, Wallace Against: Councillor: Armstrong Absent: Councillor: Stadtmiller 17. CONCLUSION OF THE MEETING – proposed next meeting NEXT MEETING The next ordinary meeting of Council scheduled to be on Wednesday, 26 August 2020, Young Chambers and video conference, commencing at 4.30pm. TERMINATION There being no further business the meeting closed 6.30pm

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6.2 – 20/150 – CONFIRMATION MINUTES HILLTOPS COUNCIL EXTRAORDINARY MEETING 31 JULY 2020 Responsible Officer: General Manager

PURPOSE The purpose of this report is to confirm the Minutes from Hilltops Council Extraordinary Meeting held, 31 July 2020.

RECOMMENDATION

That Council:

(a) Confirm the Minutes from the Hilltops Council Extraordinary Meeting dated 31 July 2020 as a true and accurate record.

REPORT/SUMMARY/BACKGROUND Confirm the minutes from the Hilltops Extraordinary Council Meeting held in Young Chambers as a true and accurate record.

ATTACHMENTS: Attachment 1 - Extraordinary Council Meeting Minutes, 31 July 2020.



strategic planning, policies, risk management, procedures, and service standards.

CONSULTATION AND TIMING Hilltops Council Extraordinary Meeting, 31 July 2020

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HILLTOPS COUNCIL EXTRAORDINARY MEETING MINUTES

31 July 2020, commencing at 7.00 PM

Held in the Hilltops Council, Young Chamber, 189 Boorowa Street, Young – Via ZOOM


ATTENDANCE Mayor Cr Brian Ingram COUNCILLORS Cr Gregory Armstrong Cr Tony Flanery Cr John Horton Cr Christopher Manchester Cr Rita O’Connor Cr Margaret Roles Cr Wendy Tuckerman Cr John Walker Cr Antony Wallace STAFF Anthony O’Reilly General Manager John Hughes Director Corporate Courtney Taylor Chief Financial Officer Mark Crisp Manager Civil Operations Claire Scott Acting Director Planning 4. APOLOGIES/NON ATTENDANCE Cr Matthew Stadtmiller – No apology received 5. DECLARATIONS OF INTEREST - CONFLICT OF INTEREST Nil 6. GENERAL MANAGER’S REPORT 6.1 EOM 20/06 - ENDORSEMENT OF HILLTOPS COUNCIL 2020/21 OPERATIONAL PLAN, BUDGET, REVENUE POLICY, FEES & CHARGES FOR PUBLIC EXHIBITION EOM 20/11 RESOLVED: That following consideration of public submissions on the 2020 – 2021 Draft Operational Plan That Council:

(a) Adopt the 2020-2021 Operational Plan and associated Budget, Revenue Policy and Fees and Charges incorporating changes set out in the Final Draft Operational Plan attached.

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1. In accordance with the Local Government Act 1993, make and levy the following rates for the 2020 – 2021 financial year calculated on the current land value for rating purposes of all rateable land subject to such rate within the Council area: Rate Category 2020/2021

Base Amount $

Base %

Minimum Amount

($)

Ad Valorem Rate

(cents in $)

Yield $

RESIDENTIAL

Harden/Murrumburrah 300.34 48% 0.90838 566,271

Harden ‐ Other 195.73 48% 0.250986 206,335

Boorowa 464.00 0.690168 384,801

Boorowa ‐Other 464.00 0.417165 334,256

Young Other 472.00 0.496 1,059,053

Young ‐ Township 472.00 0.8541 2,849,869

FARMLAND

Harden 702.50 26% 0.155244 2,139,913

Boorowa 464.00 0.255071 1,942,760

Young 472.00 0.241285 3,022,423

Young - Harden 472.00 0.241285 19,550

BUSINESS

Harden/Murrumburrah 513.37 38% 2.246486 151,308

Harden ‐ Business Other 300.26 48% 0.386356 72,562

Boorowa 464.00 0.37699 36,420

Young 472.00 0.735372 47,076

Young ‐ CBD 472.00 1.4612 767,994

Young ‐ Non‐CBD 472.00 1.21054 235,441

MINING

Young 472.00 6.67355 20,354

Harden 472.00 6.67355

Boorowa 472.00 6.67355

TOTAL $13,856,386

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2. In accordance with the provisions of Section 535 and Section 502 of the Local Government Act 1993, Council hereby resolves to make and raise the following sewer usage charges for the 2020 – 2021 financial year in accordance with the adopted Revenue Policy: Category Unit Charge

$ Yield $

# of Services

Non‐Residential Sewerage User Charge

Harden pa/WC 464.98 67,888 146

Young (CC) pa/WC 750.01 264,002 352

WC's Hotels Motels Units Flats ‐ Young (EE)

pa/WC 374.49 111,598 298

Urinals ‐ Schools, Churches and associated residences ‐ Young (ED)

pa/WC 374.49 8,613 23

Water Closets ‐ Schools, Churches, and associated residences – Young (EA)

pa/WC 187.76 44,499 237

Water Closets ‐ Other – Young (EB)

pa/WC 374.49 131,072 350

Urinals ‐ Other ‐ Young(EC) pa/WC 374.49 10,111 27

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3. In accordance with the provisions of Section 535 and 501 of the Local Government Act 1993, Council hereby resolves to make and levy the following annual sewer access charges for the 2020 – 2021 financial year in accordance with the adopted Revenue Policy:

Category Unit Charge $

Yield $

# of Services

Sewerage Access Charge (20mm)

Boorowa pa 769.50 525,567 683

Young (CA) pa 750.01 2,427,769 3,237

Residential ‐ Harden pa 751.65 640,404 852

Non‐Residential ‐ Harden pa 286.66 28,666 100

Non‐Residential ‐ Boorowa pa 769.50 38,475 50

Community Service Obligations ‐ Harden

pa 143.33 1,433 10




pa 220.08 ‐ ‐




pa 361.15 ‐ ‐


Large Connections ‐ Harden pa 1,127.47 5,637 5


pa 563.17 ‐ ‐


Large Connections ‐ Harden pa 1,761.74 14,094 8


pa 881.44 ‐ ‐


Large Connections ‐ Harden pa 4,511.01 ‐ ‐


pa 2,256.07 ‐ ‐


Large Connections ‐ Harden pa 7,045.85 ‐ ‐


pa 3,523.49 ‐ ‐

Unconnected Vacant Land

Harden pa 286.66 18,633 65

Residential ‐ Young(CB) pa 562.25 61,285 109

Non‐Residential ‐ Young(CD) pa 562.25 14,618 26

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4. in accordance with the provisions of Section 535 and 501 of the Local Government Act 1993, Council hereby resolves to make and levy the following Water Access Charges for the 2020 – 2021 financial year in accordance with the adopted Revenue Policy:

Category Sub-Category Charge $

Yield $

# of Services

Water Access - 20mm

Residential - Boorowa Access Charge (20mm)

650.28 439,589 676

Residential - Harden Access Charge (20mm)

437.90 538,613 1,230

Residential - Young (BE20) Access Charge (20mm)

316.01 1,179,349 3,732

Harden Community Service Obligations

Access Charge (20 mm) CSO

218.95 4,160 19

Non-Residential - Boorowa Access Charge (20mm)

650.28 30,563 47

Non-Residential - Harden Access Charge (20 mm)

437.90 107,285 245

Non-Residential - Young (BF20) Access Charge (20mm)

316.01 167,485 530

Residential - Young Strata Connected

Access Charge (20mm)

316.01 2,212 7

Water Access - 25mm


685.06 29,458 43


492.48 14,774 30



492.48 - -


684.96 142,471 208


492.48 29,549 60

Water Access - 32mm


1,122.96 1,123 1


807.46 15,342 19



560.91 - -


1,122.96 8,984 8


807.46

Water Access - 40mm

22






1261.98 3,786 3



888.21 - -

Large Connections - Harden Access Charge (40 mm)

1,753.84 19,292 11


1,261.98 27,764 22

Non-Residential Young Strata Connected

Access Charge (40mm)

1,261.98 1,262 1

Water Access - 50mm


2,740.24

-

Residential - Young (BE50) Access Charge (50 mm)

1,971.97 1,972 1



1,370.12 - -


2,740.24 38,363 14

Non-Residential - Young (BF50) Access Charge (50 mm)

1,971.91 51,270 26

Water Access - 65mm



3,187.78 - -

Large Connections - Harden Access Charge (65mm)

7,013.12 14,026 2

Water Access - 80mm


5,048.95 15,147 3

Water Access - 100mm



5,479.35 - -


10,956.45 10,956 1


7,888.91 55,222 7

Water Access - Vacant Land/Unconnected

Unconnected - Harden Vacant Land Water Charge

437.38 56,859 130

Unconnected - Young (BE) Access Charge 316.01 49,614 157 Non-Residential Water – Young (BF)

Access Charge 316.01 12,640 40

Residential Units

Residential Units - Young (BEU) Access Charge 316.01 41,081 130

23





Strata Units

Residential Strata (Young) units not individually metred (BES)

Access Charge 316.01 6,952 22

Non - Residential Strata units (Young) not individually metred (BFS)

Access Charge 316.01

TOTAL $3,117,164

5. in accordance with the provisions of Section 535 and 502 of the Local Government Act

1993, Council hereby resolves to make and raise the following Water Usage Charges for the 2020 – 2021 financial year in accordance with the adopted Revenue Policy:

Category Sub‐Category Charge

$ Yield $

Residential Water Usage

Harden User Charge (>0 kl) ‐ $ per kl 2.63 572,041

Boorowa User Charge (0<67kl) ‐ $ per kl 2.62 154,980

Boorowa User Charge (>68kl) ‐ $ per kl 5.24 77,489

Young User Charge (>0 kl) ‐ $ per kl 3.30 1,911,142

Non‐Residential Water Usage

Harden User Charge ( > 0 kl ) ‐ $ per kl 2.63 886,408

Boorowa User Charge ( > 0 kl ) ‐ $ per kl 2.62 48,431

Young User Charge (>0 kl) ‐ $ per kl 3.30 959,246

6. in accordance with the provisions of Section 535, 496A and 510A of the Local Government Act 1993, Council hereby resolves to make and levy the following stormwater management charges for the 2020 – 2021 financial year in accordance with the adopted revenue policy:

Category # of Services Charge

$ Yield $

Storm Water Management Service Charge

Harden Residential 902 25.00 22,550

Harden Non‐residential 3 25.00 75

Young Residential 3,636 25.00 90,900

Young Non‐residential 391 25.00 9,775

Total $123,300

24





7. in accordance with the provisions of section 535, 496 and 501 of the Local Government Act 1993, Council hereby resolves to make and levy the following waste management charges for the 2020 – 2021 financial year in accordance with the adopted Revenue Policy:

Category Unit Charge

$ Yield

$ # of Services Domestic Collection Charge - Urban

Harden/Murrumburrah pa 485.30 484,815 999 Harden/Murrumburrah -

upgrade pa 224.69 225 1

Boorowa pa 290.36 195,412 673 Boorowa Waste Access

Availability Charge pa 190.84 324,619 1,701 Galong pa 387.83 28,312 73 Young (GA) pa 356.02 1,209,044 3,396

Domestic Charge - Non-Urban

Young (GV) pa Note 1 45.14 127,458 2,823 Harden Waste Access pa Note 1 33.86 44,086 1,302

Vacant Land Collection Charge

Harden/Murrumburrah pa 33.86 2,201 65 Boorowa pa 191.86 13,622 71 Young - Urban (GB) pa 117.99 16,755 142

Recycling Collection Charge Organic Collection -

Harden/Murrumburrah pa 55.40 55,345 999 Boorowa pa 70.59 45,319 642 Young - Urban (GR) pa 63.61 215,581 3,394

Green Waste Collection Charge

Young - (GW) pa 56.43 191,636 3,396 Commercial Collection Charge

Boorowa (per Bin) pa 535.57 17,674 33 Boorowa Recycling pa 68.74 incl above

Harden/Murrumburrah per

pickup 11.59 - - Note 1. raised on all properties not subject to Domestic Waste Management Charge Liquid Trade Waste

Young - (Class 1) per

service 100.78 4,938 49


service 180.50 10,830 60

25





Young - (Class 2S) per

service 598.00 0 0


service 587.00 1,174 2

TOTAL $2,989,046

8. in accordance with the provisions of section 608 and 610D of the Local Government Act 1993, Council hereby resolves to charge the fees for service as set out in the attached 2020 – 2021 Fees and Charges in accordance with the adopted Revenue Policy.

Councillors: Armstrong/Manchester Unanimous TERMINATION There being no further business the meeting closed 7.10pm

26



7. DISCLOSURES OF INTEREST

8. MAYORAL MINUTENil

9. MAYORAL REPORTS

9.1 – 20/151 - MAYORAL REPORT AUGUST 2020 Responsible Officer: Mayor Brian Ingram

PURPOSE The purpose of this report is to give an overview of the Activity of the Mayor during July-August 2020.

RECOMMENDATION

That Council:

(a) Receive and note the Mayors engagements, August 2020.

REPORT/SUMMARY/BACKGROUND Activities of the Mayor during July-August 2020.

ENGAGEMENT DATES 23 July Video update following July Council Meeting 23 July Meeting with the General Manager 23 July Fixing Local Roads - cheque presentation 23 July Meeting with Member for Cootamundra Steph Cooke 24 July Meeting with Angus Taylor MP in Boorowa 27 July Walk through tour of the Harden Health Service redevelopment 27 July Radio interview with ABC Central West 29 July Asset Management Working Group Meeting 31 July Joint Use Library Facility Project Control Group Meeting 31 July Meeting with the General Manager regarding the 2020-2021 Budget 31 July Hilltops Council Extraordinary Meeting via zoom 4 August Monthly meetings with residents 11 August LEP Committee Meeting 11 August Young Sports Advisory Committee Meeting 12 August Meeting with the General Manager 12 August Meeting with Apollo Fabrication Group, Young 17 August Official Opening of the refurbished Koorawatha Police Station 19 August Meeting with the General Manager 25 August Regional Economic Development Committee Meeting 26 August Hilltops Council Ordinary Meeting via zoom

COMMUNITY STRATEGIC PLAN LINKAGE This report aligns with Direction 5 – Strong communities through Collaborative Leadership.

CONSULTATION AND TIMING Councillor workshops, meetings, and media releases.

27



10. COUNCILLOR REPORTS

10.1 - 20/152 - COUNCILLOR – MEETINGS ATTENDED Responsible Officer: General Manager

Information will be provided from Councillors of meetings attended from last Hilltops Council Ordinary Meeting – 22 July 2020 – the following reports have been received for information.

RECOMMENDATION

That Council:

(a) Read and note the Councillor reports.

PURPOSE The purpose of this report is to give an overview of the Activity of Councillors during July-August 2020.

Councillor Gregory Armstrong 29 July Asset Management Committee Meeting 31 July Hilltops Council Extraordinary Meeting via zoom 11 August LEP Review Committee Meeting 25 August Economic Development Committee 26 August Hilltops Council Ordinary Meeting via zoom

Councillor John Horton 15 July Budget workshop via zoom 20 July Inspection/180 Binalong Street re: washed away driveway and

entrance 25 July Kite Festival Committee Meeting 31 July Hilltops Council Extraordinary Meeting via zoom 6 August Meeting with Claire Scott/Andrew Reins, Carmel Brodie re: DA app. 7 August Meeting with General Manager and Kite Festival Committee 26 August Hilltops Council Ordinary Meeting via zoom

Councillor Rita O’Connor 31 July Hilltops Council Extraordinary Meeting via zoom 6th August Meeting at Murrumburrah High School with Principal to discuss road

issues 26 August Hilltops Council Ordinary Meeting via zoom

Councillor Margaret Roles 31 July Hilltops Council Extraordinary Meeting via zoom 4 August Tresillian Park Project Control Group Meeting 6 August Meeting with principal, MHS - Harden 10 August Site inspection for constituent - Harden 11 August LEP Committee Meeting 19 August Constituent meeting - Young 26 August Hilltops Council Ordinary Meeting via zoom

COMMUNITY STRATEGIC PLAN LINKAGE This report aligns with Direction 5 – Strong communities through Collaborative Leadership.

CONSULTATION AND TIMING: Councillor workshops and meetings 28



11. COMMUNITY RECOGNITION SCHEME

12. GENERAL MANAGER’S REPORT

12.1 - 20/153 – CASH AND INVESTMENT REPORT Reference: File No. F7.00 Responsible Officer: Director Corporate

PURPOSE The purpose of this report is to provide a monthly report detailing all Council investments in accordance with Clause 212 of the Local Government (General) Regulation 2005.

RECOMMENDATION

That Council:

(a) Receive the Statement of cash and investments as at 31 July 2020.

REPORT/SUMMARY/BACKGROUND A list of Council’s cash and investments as at 31 July 2020, and the source of the cash invested is detailed below.

S & P Rating Date Lodged

Maturity Date

Interest Rate

Value $

National Australia Bank A-1+ 25-Feb-20 24-Aug-20 1.33% $250,000 National Australia Bank A-1+ 1-Jul-20 6-Aug-20 1.10% $250,000 St George Bank A-1+ 19-Apr-20 19-Oct-20 0.95% $4,037,415 St George Bank A-1+ 21-Jun-20 21-Oct-20 0.65% $4,675,118 QBank A2/BBB 16-Jul-20 16-Oct-20 1.20% $2,500,000 Commonwealth Bank A-1+ 20-Jul-20 18-Jan-21 0.73% $1,000,000 National Australia Bank A-1+ 28-Jul-20 27-Jan-21 0.71% $2,000,000 AMP Bank A2/BBB 29-Jul-20 28-Jan-21 0.80% $2,000,000

Total Term Deposits

$16,712,533

Bank and Cash Managed Fund

Bendigo Bank Ongoing $421,220 Commonwealth Bank Ongoing $451,047 NSW Treasury Corp Ongoing $8,254 NAB General Fund Ongoing $483 Commonwealth Bank Ongoing $6,522,218 ANZ Bank Ongoing $3,503 NAB At call Ongoing $242 Commonwealth Bank Ongoing $6,957,130 Commonwealth Bank Ongoing $477

Total Bank and Cash Management $14,364,573 Total Cash and Investments

$31,077,106

29



POLICY AND LEGISLATION The Investment Policy was adopted by Hilltops Council on the 24 May 2016. Council investments comply fully with section 625 of the Local Government Act, 1993, Local Government (General) Regulation 2005 paragraph 212 and Council’s Investment Policy. Report detail certified by John Hughes, Responsible Accounting Officer on 7 August 2020. COMMUNITY STRATEGIC PLAN LINKAGE 3.1 Undertake Council activities within a clear framework of legislative compliance,

strategic planning, policies, risk management, procedures and service standards FINANCIAL IMPLICATIONS Council’s interest income budget is $ 302,097 income earned to date is $32,174 (10%). RISK IMPLICATIONS The table below represent a visual picture of the risk rating of Councils portfolio.

% of funds invested in each category

% of Funds invested with each Institution

30



34%

28%

38%

Rates Debtors as at 31/7/2020

Boorowa

Harden

Young

24%

32%

44%

Other Charges Debtors as at 31/7/2020

Boorowa

Harden

Young

12.2 - 20/154 – OUTSTANDING RATES AND CHARGES AND SUNDRY DEBTORS REPORT Responsible Officer: Director Corporate

PURPOSE The report provides information to Council on the collection of rates and annual charges and the water usage charges for the 2020/2021 financial year at 31July 2020.

RECOMMENDATION

That Council:

(a) Receive and note the report.

REPORT The following tables show the Rates and Charges debtors and aging at 31 July 2020

$'000 Total Rates & Other Charges DebtorsBoorowa Harden Young Council %

Rates 500 408 553 1,461 50%Other Charges 348 461 642 1,451 50%

Total 848 869 1,195 2,912 100%% 29% 30% 41% 100%

Total Rates & Other Charges Debtors Aging Analysis$'000 Boorowa Harden Young Council %Not due - - - - 0%O'due < 1 mth - - - - 0%O'due 1-2 mth - - - - 0%O'due 2-3 mths - - - - 0%O'due > 3 mths 848 869 1,195 2,912 100%

Total 848 869 1,195 2,912 100%

31



‐ 500 1,000 1,500 2,000 2,500 3,000

Boorowa

Harden

Young

Council

Aged Debtors Value $'000

Billing Area

Total Rates & Other Charges Debtors as at 31/7/2020

Not due O'due < 1 mth O'due 1‐2 mth O'due 2‐3 mths O'due > 3 mths

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Percentage Prior Year Arrears Collected

Rates collections remain steady but not unaffected by the depressed economic conditions at the present time. Council is presently calling for quotations from collection agencies for renewal of these services in an endeavour to reduce the level of delinquent accounts in rates, water and sundry debtors areas.

32



26%

36%

38%

Residential Water Charges Debtors as at 31/7/2020

Boorowa

Harden

Young

3%

57%

40%

Non‐Residential Water Charges Debtors as at 31/7/2020

Boorowa

Harden

Young

Water Usage Charges The following tables show the Water Usage Charges debtors and aging at 31 July 2020 $'000 Total Water Charges DebtorsWater Charges Boorowa Harden Young Council %Residential 112 157 165 434 58%Non-Residential 8 178 124 310 42%

Total 120 335 289 744 100%% 16% 45% 39% 100%

$'000 Water Charges Total

Boorowa Harden Young Council %Not due - - - - 0%O'due < 1 mth 9 49 102 160 22%O'due 1-2 mth - - - - 0%O'due 2-3 mths - - - - 0%O'due > 3 mths 111 286 187 584 78%

Total 120 335 289 744 100%

‐ 200 400 600 800

Boorowa

Harden

Young

Council


Billing Area

Total Water Charges Debtors as at 31/7/2020


33


Held in the Hilltops Council, Young Chambers, 189 Boorowa Street, Young ____________________________________________________________________________________ Sundry Debtors The following tables show the Sundry Debtors and aging at 31 July 2020.

Total Sundry Debtors

$'000Local

Government Grants General Council %General Debtors 159 2,092 497 2,748 100%

- - - - 0%Total 159 2,092 497 2,748 100%

% 6% 76% 18% 100%

Sundry Debtors Aging Analysis

$'000Local

Government Grants General Council %Not due 68 277 159 504 18%O'due < 1 mth 29 456 107 592 22%O'due 1-2 mth 30 150 44 224 8%O'due 2-3 mths - - 4 4 0%O'due > 3 mths 32 1,209 183 1,424 52%

Total 159 2,092 497 2,748 100%

6%

76%

18%

Sundry Debtors as at 31/7/2020

Local Government

Grants

General

34



0 500 1000 1500 2000 2500 3000

Local Government

Grants

General

Council


Billing Area

Sundry Debtors as at 31/7/2020


POLICY AND LEGISLATION

Debt Recovery Policy Adopted by Council 28 July 2017. Local Government Act 1993. Local Government (General) Regulation 2005.


strategic planning, policies, risk management, procedures and service standards. FINANCIAL IMPLICATIONS As presented in the report. RISK IMPLICATIONS

Council may have inadequate cash flow to fund its operations. Council may incur unnecessary costs in collecting revenue and charges from

ratepayers and customers.

35



12.3 - 20/155 – AMENDMENTS TO THE MODEL CODE OF CONDUCT AND PROCEDURES Responsible Officer: Director Corporate

PURPOSE The purpose of this report is to notify Council of amendments to the Model Code of Conduct for Local Councils in NSW and amended procedures prescribed under the Local Government (General) Regulation 2005.

RECOMMENDATION

That Council:

(a) Receive and note the report setting out amendments to the Model Code of Conduct for Local Councils in NSW and Procedures as set out in the Office of Local Government Circular 20-32/ 14 August 2020; and

(b) Amend the Hilltops Council Code of Conduct to reflect the changes set out in the Office of Local Government Circular 20-32/ 14 August 2020 and prescribed in the Model Code of Conduct in accordance with the Local Government (General) Regulation 2005.

SUMMARY/BACKGROUND The Procedures for the administration of the Model Code of Conduct for Local Councils in NSW have been amended in response to the decision by the Supreme Court in the matter of Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134.

Amendments have also been made to the Model Code of Conduct for Local Councils in NSW. The new Model Code of Conduct and Procedures have been prescribed under the Local Government (General) Regulation 2005.

What this will mean for council is that the new Model Code of Conduct and Procedures take effect immediately. This is because the amendments to the Procedures largely reflect existing practice following the Supreme Court’s decision and the amendments to the Model Code of Conduct are minor in nature. The Office of Local Government requires Council to adopt a code of conduct and procedures based on the prescribed Model Code of Conduct and Procedures as soon as possible.

Amendments to the Procedures Consistent with the Supreme Court’s decision, councils have the following options when taking disciplinary action against councillors for breaches of their codes of conduct under the new Procedures:

that a councillor be formally censured for the breach under section 440G ofthe Local Government Act 1993 (the Act), or

that a councillor be formally censured for a breach under section 440G andthe matter referred to OLG for further disciplinary action under the misconduct provisions of the Act.

36



The process for censuring councillors for breaches of the code of conduct has been significantly strengthened to ensure councillors are made publicly accountable to their electors for their conduct. When censuring councillors, councils are required to specify in their resolution the grounds on which the councillor is being censured by disclosing the investigator’s findings and determination and any other grounds that the council considers may be relevant or appropriate.

Councillors may seek to avoid public censure for breaches of the code of conduct by voluntarily agreeing to undergo training or counselling, to apologise for their conduct or to give undertakings not to repeat their conduct before the investigator finalises their report to the council. Investigators can finalise their investigations without a report to the council where they consider these to be an appropriate outcome to the matter they are investigating. However, it will remain open to investigators to finalise their report and to recommend censure where they consider this is appropriate and warranted.

The process for referral by councils of code of conduct breaches by councillors to OLG for further disciplinary action under the misconduct provisions of the Act has been streamlined. Investigators are required to consult with OLG before recommending the referral of matters to ensure the conduct in question is sufficiently serious to warrant disciplinary action for misconduct and that there is sufficient evidence of the breach to allow OLG to take further disciplinary action.

Other amendments have been made to the Procedures to: allow panels of conduct reviewers to be appointed without a resolution of the

council, and allow the referral of investigators’ reports to OLG for action under the

misconduct provisions of the Act where the council will not have a quorum to deal with the matter.

Amendments to the Model Code of Conduct The Model Code of Conduct has been amended to:

remove as a breach, failure to comply with a council resolution requiring action in relation to a code of conduct breach (because it is now redundant)

update the language used to describe the various heads of discrimination in clause 3.6 to reflect more contemporary standards

include in the definition of council committee and council committee members, members of audit, risk and improvement committees (ARICs) in anticipation of the commencement of the requirement for all councils to appoint an ARIC following the next local government elections.

Amendments have also been made to the gifts and benefits provisions of the Model Code of Conduct in response to feedback from some councils. The amendments:

lift the $50 cap on the value of gifts that may be accepted to $100 clarify that items with a value of $10 or less are not “gifts or benefits” for the

purposes of the Model Code of Conduct and do not need to be disclosed clarify that benefits and facilities provided by councils (as opposed to third

parties) to staff and councillors are not “gifts or benefits” for the purposes of the Model Code of Conduct, and

37



remove the cap on the value of meals and refreshments that may beaccepted by council officials in conjunction with the performance of their official duties.

Councils are not obliged to amend their codes of conduct to lift the cap on the value of gifts that may be accepted if they do not wish to. It is open to councils to retain the existing $50 cap or to impose another cap that is lower than $100. The recommendation to this report incorporates the lift in the cap proposed in the Model Code of Conduct

ATTACHMENTS Attachment 1 – Office of Local Government Circular 20-32/ 14 August 2020 Attachment 2 – Model Code of Conduct for Local Councils in NSW -2020 Attachment 3 – Procedures for the Administration of the Model Code of Conduct for

Local Councils in NSW - 2020

POLICY AND LEGISLATION S440 Local Government Act 1993 Local Government (General) Regulation 2005

STRATEGIC PLAN LINKAGE Wellbeing Pillar 5 Providing ethical, proactive & effective leadership & governance.

FINANCIAL IMPLICATIONS There are no anticipated financial implications arising from the proposed changes to the Model Code of Conduct and Procedures.

38

Circular Details 20-32 / 14 August 2020 / A708384 Previous Circular 19-25 – Penalties available to councils for code of conduct

breaches by councillors Who should read this Mayors / Councillors / General Managers / Joint Organisation

Executive Officers / Complaints Coordinators / Conduct Reviewers

Contact Council Governance Team/ 02 4428 4100/ [email protected] Action required Council to Implement

Amendments to the Model Code of Conduct for Local Councils in NSW and Procedures

What’s new or changing • The Procedures for the Administration of the Model Code of Conduct for Local

Councils in NSW (the Procedures) have been amended in response to thedecision by the Supreme Court in the matter of Cornish v Secretary,Department of Planning, Industry and Environment [2019] NSWSC 1134.

• Amendments have also been made to the Model Code of Conduct for LocalCouncils in NSW (the Model Code of Conduct).

• The new Model Code of Conduct and Procedures have been prescribed underthe Local Government (General) Regulation 2005.

• The new prescribed Model Code of Conduct and Procedures are available onthe Office of Local Government’s (OLG) website.

What this will mean for your council • The new Model Code of Conduct and Procedures take effect immediately. This

is because the amendments to the Procedures largely reflect existing practicefollowing the Supreme Court’s decision and the amendments to the ModelCode of Conduct are minor in nature.

• Council’s should adopt a code of conduct and procedures based on theprescribed Model Code of Conduct and Procedures as soon as possible.

• Councils’ complaints coordinators should bring this circular to the attention oftheir council’s conduct reviewers. Complaints coordinators should also informconduct reviewers when the council has adopted a new code of conduct andprocedures and provide copies.

Key points

Amendments to the Procedures • Consistent with the Supreme Court’s decision, councils have the following

options when taking disciplinary action against councillors for breaches of theircodes of conduct under the new Procedures:

o that a councillor be formally censured for the breach under section440G of the Local Government Act 1993 (the Act), or

Stre

ngth

enin

g lo

cal g

over

nmen

t Attachment 1 – Office of Local Government Circular 20-32/ 14 August 2020

39

mailto:[email protected]

o that a councillor be formally censured for a breach under section 440G and the matter referred to OLG for further disciplinary action under the misconduct provisions of the Act.

• The process for censuring councillors for breaches of the code of conduct has been significantly strengthened to ensure councillors are made publicly accountable to their electors for their conduct. When censuring councillors, councils are required to specify in their resolution the grounds on which the councillor is being censured by disclosing the investigator’s findings and determination and any other grounds that the council considers may be relevant or appropriate.

• Councillors may seek to avoid public censure for breaches of the code of conduct by voluntarily agreeing to undergo training or counselling, to apologise for their conduct or to give undertakings not to repeat their conduct before the investigator finalises their report to the council. Investigators can finalise their investigations without a report to the council where they consider these to be an appropriate outcome to the matter they are investigating. However, it will remain open to investigators to finalise their report and to recommend censure where they consider this is appropriate and warranted.

• The process for referral by councils of code of conduct breaches by councillors to OLG for further disciplinary action under the misconduct provisions of the Act has been streamlined. Investigators are required to consult with OLG before recommending the referral of matters to ensure the conduct in question is sufficiently serious to warrant disciplinary action for misconduct and that there is sufficient evidence of the breach to allow OLG to take further disciplinary action.

• Other amendments have been made to the Procedures to: o allow panels of conduct reviewers to be appointed without a resolution

of the council, and o allow the referral of investigators’ reports to OLG for action under the

misconduct provisions of the Act where the council will not have a quorum to deal with the matter.

Amendments to the Model Code of Conduct

• The Model Code of Conduct has been amended to: o remove as a breach, failure to comply with a council resolution requiring

action in relation to a code of conduct breach (because it is now redundant)

o update the language used to describe the various heads of discrimination in clause 3.6 to reflect more contemporary standards

o include in the definition of council committee and council committee members, members of audit, risk and improvement committees (ARICs) in anticipation of the commencement of the requirement for all councils to appoint an ARIC following the next local government elections.

• Amendments have also been made to the gifts and benefits provisions of the Model Code of Conduct in response to feedback from some councils. The amendments:

o lift the $50 cap on the value of gifts that may be accepted to $100 o clarify that items with a value of $10 or less are not “gifts or benefits” for

the purposes of the Model Code of Conduct and do not need to be disclosed

40

o clarify that benefits and facilities provided by councils (as opposed to third parties) to staff and councillors are not “gifts or benefits” for the purposes of the Model Code of Conduct, and

o remove the cap on the value of meals and refreshments that may be accepted by council officials in conjunction with the performance of their official duties.

• Councils are not obliged to amend their codes of conduct to lift the cap on the value of gifts that may be accepted if they do not wish to. It is open to councils to retain the existing $50 cap or to impose another cap that is lower than $100.

Where to go for further information

• For further information please contact the Council Governance Team on 02 4428 4100 or by email at [email protected].

Tim Hurst Deputy Secretary Local Government, Planning and Policy

41


Model Code of Conduct for Local Councils in NSW2020

Attachment 2 – Model Code of Conduct for Local Councils in NSW -2020

42

Model Code of Conduct for Local Councils in NSW

ALTERNATIVE MEDIA PUBLICATIONS Special arrangements can be made for our publications to be provided in large print or an alternative media format. If you need this service, please contact us on 02 4428 4100.

DISCLAIMER While every effort has been made to ensure the accuracy of the information in this publication, the Office of Local Government expressly disclaims any liability to any person in respect of anything done or not done as a result of the contents of the publication or the data provided.

© Department of Planning, Industry and Environment 2020 Produced by the Department of Planning, Industry and Environment

MODEL CODE OF CONDUCT FOR LOCAL COUNCILS IN NSW 2020

ACCESS TO SERVICES The Office of Local Government is located at: Street Address: Levels 1 & 2, 5 O’Keefe Avenue, NOWRA NSW 2541 Postal Address: Locked Bag 3015, Nowra, NSW 2541 Phone: 02 4428 4100 Fax: 02 4428 4199 TTY: 02 4428 4209 Email: [email protected] Website: www.olg.nsw.gov.au

OFFICE HOURS Monday to Friday 9.00am to 5.00pm (Special arrangements may be made if these hours are unsuitable) All offices are wheelchair accessible.

43


Contents

Contents

Part 1: Introduction 4

Part 2: Definitions 6

Part 3: General Conduct Obligations 10

Part 4: Pecuniary Interests 14

Part 5: Non-Pecuniary Conflicts of Interest 22

Part 6: Personal Benefit 28

Part 7: Relationships Between Council Officials 32

Part 8: Access to Information and Council Resources 36

Part 9: Maintaining the Integrity of this Code 42

Schedule 1: Disclosures of Interest and Other Matters in Written Returns 46 Submitted Under Clause 4.21

Schedule 2: Form of Written Return of Interests Submitted Under Clause 4.21 54

Schedule 3: Form of Special Disclosure of Pecuniary Interest Submitted 58 Under Clause 4.37

3344


Part 1:Introduction

4 45

Introduction

This Model Code of Conduct for Local Councils in NSW (“the Model Code of Conduct”) is made under section 440 of the Local Government Act 1993 (“LGA”) and the Local Government (General) Regulation 2005 (“the Regulation”).

The Model Code of Conduct sets the minimum standards of conduct for council officials. It is prescribed by regulation to assist council officials to:

• understand and comply with the standards of conduct that are expected of them

• enable them to fulfil their statutory duty to act honestly and exercise a reasonable degree of care and diligence (section 439)

• act in a way that enhances public confidence in local government.

Section 440 of the LGA requires every council (including county councils) and joint organisation to adopt a code of conduct that incorporates the provisions of the Model Code of Conduct. A council’s or joint organisation’s adopted code of conduct may also include provisions that supplement the Model Code of Conduct and that extend its application to persons that are not “council officials” for the purposes of the Model Code of Conduct (eg volunteers, contractors and members of wholly advisory committees).

A council’s or joint organisation’s adopted code of conduct has no effect to the extent that it is inconsistent with the Model Code of Conduct. However, a council’s or joint organisation’s adopted code of conduct may prescribe requirements that are more onerous than those prescribed in the Model Code of Conduct.

Councillors, administrators, members of staff of councils, delegates of councils, (including members of council committees that are delegates of a council) and any other person a council’s adopted code of conduct applies to, must comply with the applicable provisions of their council’s code of conduct. It is the personal responsibility of council officials to comply with the standards in the code and to regularly review their personal circumstances and conduct with this in mind.

Failure by a councillor to comply with the standards of conduct prescribed under this code constitutes misconduct for the purposes of the LGA. The LGA provides for a range of penalties that may be imposed on councillors for misconduct, including suspension or disqualification from civic office. A councillor who has been suspended on three or more occasions for misconduct is automatically disqualified from holding civic office for five years.

Failure by a member of staff to comply with a council’s code of conduct may give rise to disciplinary action.

Note: References in the Model Code of Conduct to councils are also to be taken as references to county councils and joint organisations.

Note: In adopting the Model Code of Conduct, joint organisations should adapt it to substitute the terms “board” for “council”, “chairperson” for “mayor”, “voting representative” for “councillor” and “executive officer” for “general manager”.

Note: In adopting the Model Code of Conduct, county councils should adapt it to substitute the term “chairperson” for “mayor” and “member” for “councillor”.

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Part 2: Definitions

6 47

Definitions

In this code the following terms have the following meanings:

administrator an administrator of a council appointed under the LGA other than an administrator appointed under section 66

committee see the definition of “council committee”

complaint a code of conduct complaint made for the purposes of clauses 4.1 and 4.2 of the Procedures.

conduct includes acts and omissions

council includes county councils and joint organisations

council committee a committee established by a council comprising of councillors, staff or other persons that the council has delegated functions to and the council’s audit, risk and improvement committee

council committee member a person other than a councillor or member of staff of a council who is a member of a council committee other than a wholly advisory committee, and a person other than a councillor who is a member of the council’s audit, risk and improvement committee

council official includes councillors, members of staff of a council, administrators, council committee members, delegates of council and, for the purposes of clause 4.16, council advisers

councillor any person elected or appointed to civic office, including the mayor and includes members and chairpersons of county councils and voting representatives of the boards of joint organisations and chairpersons of joint organisations

delegate of council a person (other than a councillor or member of staff of a council) or body, and the individual members of that body, to whom a function of the council is delegated

designated person a person referred to in clause 4.8

election campaign includes council, state and federal election campaigns

environmental planning has the same meaning as it has in the Environmental Planning andinstrument Assessment Act 1979

general manager includes the executive officer of a joint organisation

joint organisation a joint organisation established under section 400O of the LGA

LGA Local Government Act 1993

local planning panel a local planning panel constituted under the Environmental Planning and Assessment Act 1979

mayor includes the chairperson of a county council or a joint organisation

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members of staff includes members of staff of county councils and joint organisationsof a council

the Office Office of Local Government

personal information information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion

the Procedures the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW prescribed under the Regulation

the Regulation the Local Government (General) Regulation 2005

voting representative a voting representative of the board of a joint organisation

wholly advisory a council committee that the council has not delegated anycommittee functions to

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Legislation, Policy and Guidance

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Part 3: General Conduct Obligations

10 51

General Conduct Obligations

General conduct3.1 You must not conduct yourself in a

manner that:

a) is likely to bring the council or other council officials into disrepute

b) is contrary to statutory requirements or the council’s administrative requirements or policies

c) is improper or unethical

d) is an abuse of power

e) causes, comprises or involves intimidation or verbal abuse

f) involves the misuse of your position to obtain a private benefit

g) constitutes harassment or bullying behaviour under this code, or is unlawfully discriminatory.

3.2 You must act lawfully and honestly, and exercise a reasonable degree of care and diligence in carrying out your functions under the LGA or any other Act. (section 439).

Fairness and equity3.3 You must consider issues consistently,

promptly and fairly. You must deal with matters in accordance with established procedures, in a non-discriminatory manner.

3.4 You must take all relevant facts known to you, or that you should be reasonably aware of, into consideration and have regard to the particular merits of each case. You must not take irrelevant matters or circumstances into consideration when making decisions.

3.5 An act or omission in good faith, whether or not it involves error, will not constitute a breach of clauses 3.3 or 3.4.

Harassment and discrimination3.6 You must not harass or unlawfully

discriminate against others, or support others who harass or unlawfully discriminate against others, on the grounds of age, disability, race (including colour, national or ethnic origin or immigrant status), sex, pregnancy, marital or relationship status, family responsibilities or breastfeeding, sexual orientation, gender identity or intersex status or political, religious or other affiliation.

3.7 For the purposes of this code, “harassment” is any form of behaviour towards a person that:

a) is not wanted by the person

b) offends, humiliates or intimidates the person, and

c) creates a hostile environment.

Bullying3.8 You must not engage in bullying

behaviour towards others.

3.9 For the purposes of this code, “bullying behaviour” is any behaviour in which:

a) a person or a group of people repeatedly behaves unreasonably towards another person or a group of persons, and

b) the behaviour creates a risk to health and safety.

3.10 Bullying behaviour may involve, but is not limited to, any of the following types of behaviour:

a) aggressive, threatening or intimidating conduct

b) belittling or humiliating comments

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c) spreading malicious rumours

d) teasing, practical jokes or ‘initiation ceremonies’

e) exclusion from work-related events

f) unreasonable work expectations, including too much or too little work, or work below or beyond a worker’s skill level

g) displaying offensive material

h) pressure to behave in an inappropriate manner.

3.11 Reasonable management action carried out in a reasonable manner does not constitute bullying behaviour for the purposes of this code. Examples of reasonable management action may include, but are not limited to:

a) performance management processes

b) disciplinary action for misconduct

c) informing a worker about unsatisfactory work performance or inappropriate work behaviour

d) directing a worker to perform duties in keeping with their job

e) maintaining reasonable workplace goals and standards

f) legitimately exercising a regulatory function

g) legitimately implementing a council policy or administrative processes.

Work health and safety3.12 All council officials, including councillors,

owe statutory duties under the Work Health and Safety Act 2011 (WHS Act). You must comply with your duties under the WHS Act and your responsibilities under any policies or procedures adopted by the council to ensure workplace health and safety. Specifically, you must:

a) take reasonable care for your own health and safety

b) take reasonable care that your acts or omissions do not adversely affect the health and safety of other persons

c) comply, so far as you are reasonably able, with any reasonable instruction that is given to ensure compliance with the WHS Act and any policies or procedures adopted by the council to ensure workplace health and safety

d) cooperate with any reasonable policy or procedure of the council relating to workplace health or safety that has been notified to council staff

e) report accidents, incidents, near misses, to the general manager or such other staff member nominated by the general manager, and take part in any incident investigations

f) so far as is reasonably practicable, consult, co-operate and coordinate with all others who have a duty under the WHS Act in relation to the same matter.

Land use planning, development assessment and other regulatory functions3.13 You must ensure that land use planning,

development assessment and other regulatory decisions are properly made, and that all parties are dealt with fairly. You must avoid any occasion for suspicion of improper conduct in the exercise of land use planning, development assessment and other regulatory functions.

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General Conduct Obligations

3.14 In exercising land use planning, development assessment and other regulatory functions, you must ensure that no action, statement or communication between yourself and others conveys any suggestion of willingness to improperly provide concessions or preferential or unduly unfavourable treatment.

Binding caucus votes3.15 You must not participate in binding

caucus votes in relation to matters to be considered at a council or committee meeting.

3.16 For the purposes of clause 3.15, a binding caucus vote is a process whereby a group of councillors are compelled by a threat of disciplinary or other adverse action to comply with a predetermined position on a matter before the council or committee, irrespective of the personal views of individual members of the group on the merits of the matter before the council or committee.

3.17 Clause 3.15 does not prohibit councillors from discussing a matter before the council or committee prior to considering the matter in question at a council or committee meeting, or from voluntarily holding a shared view with other councillors on the merits of a matter.

3.18 Clause 3.15 does not apply to a decision to elect the mayor or deputy mayor, or to nominate a person to be a member of a council committee or a representative of the council on an external body.

Obligations in relation to meetings3.19 You must comply with rulings by the chair

at council and committee meetings or other proceedings of the council unless a motion dissenting from the ruling is passed.

3.20 You must not engage in bullying behaviour (as defined under this Part) towards the chair, other council officials or any members of the public present during council or committee meetings or other proceedings of the council (such as, but not limited to, workshops and briefing sessions).

3.21 You must not engage in conduct that disrupts council or committee meetings or other proceedings of the council (such as, but not limited to, workshops and briefing sessions), or that would otherwise be inconsistent with the orderly conduct of meetings.

3.22 If you are a councillor, you must not engage in any acts of disorder or other conduct that is intended to prevent the proper or effective functioning of the council, or of a committee of the council. Without limiting this clause, you must not:

a) leave a meeting of the council or a committee for the purposes of depriving the meeting of a quorum, or

b) submit a rescission motion with respect to a decision for the purposes of voting against it to prevent another councillor from submitting a rescission motion with respect to the same decision, or

c) deliberately seek to impede the consideration of business at a meeting.

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Part 4: Pecuniary Interests

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Pecuniary Interests

What is a pecuniary interest?4.1 A pecuniary interest is an interest that you

have in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to you or a person referred to in clause 4.3.

4.2 You will not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision you might make in relation to the matter, or if the interest is of a kind specified in clause 4.6.

4.3 For the purposes of this Part, you will have a pecuniary interest in a matter if the pecuniary interest is:

(a) your interest, or

(b) the interest of your spouse or de facto partner, your relative, or your partner or employer, or

(c) a company or other body of which you, or your nominee, partner or employer, is a shareholder or member.

4.4 For the purposes of clause 4.3:

(a) Your “relative” is any of the following:

i) your parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

ii) your spouse’s or de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

iii) the spouse or de facto partner of a person referred to in paragraphs (i) and (ii).

(b) “de facto partner” has the same meaning as defined in section 21C of the Interpretation Act 1987.

4.5 You will not have a pecuniary interest in relation to a person referred to in subclauses 4.3(b) or (c):

(a) if you are unaware of the relevant pecuniary interest of your spouse, de facto partner, relative, partner, employer or company or other body, or

(b) just because the person is a member of, or is employed by, a council or a statutory body, or is employed by the Crown, or

(c) just because the person is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.

What interests do not have to be disclosed?4.6 You do not have to disclose the following

interests for the purposes of this Part:

(a) your interest as an elector

(b) your interest as a ratepayer or person liable to pay a charge

(c) an interest you have in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered to the public generally, or to a section of the public that includes persons who are not subject to this code

(d) an interest you have in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered to your relative by the council in the same manner and subject to the same conditions as apply to persons who are not subject to this code

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(e) an interest you have as a member of a club or other organisation or association, unless the interest is as the holder of an office in the club or organisation (whether remunerated or not)

(f) if you are a council committee member, an interest you have as a person chosen to represent the community, or as a member of a non-profit organisation or other community or special interest group, if you have been appointed to represent the organisation or group on the council committee

(g) an interest you have relating to a contract, proposed contract or other matter, if the interest arises only because of a beneficial interest in shares in a company that does not exceed 10 per cent of the voting rights in the company

(h) an interest you have arising from the proposed making by the council of an agreement between the council and a corporation, association or partnership, being a corporation, association or partnership that has more than 25 members, if the interest arises because your relative is a shareholder (but not a director) of the corporation, or is a member (but not a member of the committee) of the association, or is a partner of the partnership

(i) an interest you have arising from the making by the council of a contract or agreement with your relative for, or in relation to, any of the following, but only if the proposed contract or agreement is similar in terms and conditions to such contracts and agreements as have been made, or as are proposed to be made, by the council in respect of similar matters with other residents of the area:

i) the performance by the council at the expense of your relative of any work or service in connection with roads or sanitation

ii) security for damage to footpaths or roads

iii) any other service to be rendered, or act to be done, by the council by or under any Act conferring functions on the council, or by or under any contract

(j) an interest relating to the payment of fees to councillors (including the mayor and deputy mayor)

(k) an interest relating to the payment of expenses and the provision of facilities to councillors (including the mayor and deputy mayor) in accordance with a policy under section 252 of the LGA,

(l) an interest relating to an election to the office of mayor arising from the fact that a fee for the following 12 months has been determined for the office of mayor

(m) an interest of a person arising from the passing for payment of a regular account for the wages or salary of an employee who is a relative of the person

(n) an interest arising from being covered by, or a proposal to be covered by, indemnity insurance as a councillor or a council committee member

(o) an interest arising from the appointment of a councillor to a body as a representative or delegate of the council, whether or not a fee or other recompense is payable to the representative or delegate.

4.7 For the purposes of clause 4.6, “relative” has the same meaning as in clause 4.4, but includes your spouse or de facto partner.

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Pecuniary Interests

What disclosures must be made by a designated person?4.8 Designated persons include:

(a) the general manager

(b) other senior staff of the council for the purposes of section 332 of the LGA

(c) a person (other than a member of the senior staff of the council) who is a member of staff of the council or a delegate of the council and who holds a position identified by the council as the position of a designated person because it involves the exercise of functions (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the person’s duty as a member of staff or delegate and the person’s private interest

(d) a person (other than a member of the senior staff of the council) who is a member of a committee of the council identified by the council as a committee whose members are designated persons because the functions of the committee involve the exercise of the council’s functions (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the member’s duty as a member of the committee and the member’s private interest.

4.9 A designated person:

(a) must prepare and submit written returns of interests in accordance with clauses 4.21, and

(b) must disclose pecuniary interests in accordance with clause 4.10.

4.10 A designated person must disclose in writing to the general manager (or if the person is the general manager, to the council) the nature of any pecuniary interest the person has in any council matter with which the person is dealing as soon as practicable after becoming aware of the interest.

4.11 Clause 4.10 does not require a designated person who is a member of staff of the council to disclose a pecuniary interest if the interest relates only to the person’s salary as a member of staff, or to their other conditions of employment.

4.12 The general manager must, on receiving a disclosure from a designated person, deal with the matter to which the disclosure relates or refer it to another person to deal with.

4.13 A disclosure by the general manager must, as soon as practicable after the disclosure is made, be laid on the table at a meeting of the council and the council must deal with the matter to which the disclosure relates or refer it to another person to deal with.

What disclosures must be made by council staff other than designated persons? 4.14 A member of staff of council, other than

a designated person, must disclose in writing to their manager or the general manager the nature of any pecuniary interest they have in a matter they are dealing with as soon as practicable after becoming aware of the interest.

4.15 The staff member’s manager or the general manager must, on receiving a disclosure under clause 4.14, deal with the matter to which the disclosure relates or refer it to another person to deal with.

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What disclosures must be made by council advisers?4.16 A person who, at the request or with

the consent of the council or a council committee, gives advice on any matter at any meeting of the council or committee, must disclose the nature of any pecuniary interest the person has in the matter to the meeting at the time the advice is given. The person is not required to disclose the person’s interest as an adviser.

4.17 A person does not breach clause 4.16 if the person did not know, and could not reasonably be expected to have known, that the matter under consideration at the meeting was a matter in which they had a pecuniary interest.

What disclosures must be made by a council committee member?4.18 A council committee member must

disclose pecuniary interests in accordance with clause 4.28 and comply with clause 4.29.

4.19 For the purposes of clause 4.18, a “council committee member” includes a member of staff of council who is a member of the committee.

What disclosures must be made by a councillor?4.20 A councillor:

(a) must prepare and submit written returns of interests in accordance with clause 4.21, and

(b) must disclose pecuniary interests in accordance with clause 4.28 and comply with clause 4.29 where it is applicable.

Disclosure of interests in written returns4.21 A councillor or designated person must

make and lodge with the general manager a return in the form set out in schedule 2 to this code, disclosing the councillor’s or designated person’s interests as specified in schedule 1 to this code within 3 months after:

(a) becoming a councillor or designated person, and

(b) 30 June of each year, and

(c) the councillor or designated person becoming aware of an interest they are required to disclose under schedule 1 that has not been previously disclosed in a return lodged under paragraphs (a) or (b).

4.22 A person need not make and lodge a return under clause 4.21, paragraphs (a) and (b) if:

(a) they made and lodged a return under that clause in the preceding 3 months, or

(b) they have ceased to be a councillor or designated person in the preceding 3 months.

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Pecuniary Interests

4.23 A person must not make and lodge a return that the person knows or ought reasonably to know is false or misleading in a material particular.

4.24 The general manager must keep a register of returns required to be made and lodged with the general manager.

4.25 Returns required to be lodged with the general manager under clause 4.21(a) and (b) must be tabled at the first meeting of the council after the last day the return is required to be lodged.

4.26 Returns required to be lodged with the general manager under clause 4.21(c) must be tabled at the next council meeting after the return is lodged.

4.27 Information contained in returns made and lodged under clause 4.21 is to be made publicly available in accordance with the requirements of the Government Information (Public Access) Act 2009, the Government Information (Public Access) Regulation 2009 and any guidelines issued by the Information Commissioner.

Disclosure of pecuniary interests at meetings4.28 A councillor or a council committee

member who has a pecuniary interest in any matter with which the council is concerned, and who is present at a meeting of the council or committee at which the matter is being considered, must disclose the nature of the interest to the meeting as soon as practicable.

4.29 The councillor or council committee member must not be present at, or in sight of, the meeting of the council or committee:

(a) at any time during which the matter is being considered or discussed by the council or committee, or

(b) at any time during which the council or committee is voting on any question in relation to the matter.

4.30 In the case of a meeting of a board of a joint organisation, a voting representative is taken to be present at the meeting for the purposes of clauses 4.28 and 4.29 where they participate in the meeting by telephone or other electronic means.

4.31 A disclosure made at a meeting of a council or council committee must be recorded in the minutes of the meeting.

4.32 A general notice may be given to the general manager in writing by a councillor or a council committee member to the effect that the councillor or council committee member, or the councillor’s or council committee member’s spouse, de facto partner or relative, is:

(a) a member of, or in the employment of, a specified company or other body, or

(b) a partner of, or in the employment of, a specified person.

Such a notice is, unless and until the notice is withdrawn or until the end of the term of the council in which it is given (whichever is the sooner), sufficient disclosure of the councillor’s or council committee member’s interest in a matter relating to the specified company, body or person that may be the subject of consideration by the council or council committee after the date of the notice.

4.33 A councillor or a council committee member is not prevented from being present at and taking part in a meeting at which a matter is being considered, or from voting on the matter, merely because the councillor or council committee member has an interest in the matter of a kind referred to in clause 4.6.

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4.34 A person does not breach clauses 4.28 or 4.29 if the person did not know, and could not reasonably be expected to have known, that the matter under consideration at the meeting was a matter in which they had a pecuniary interest.

4.35 Despite clause 4.29, a councillor who has a pecuniary interest in a matter may participate in a decision to delegate consideration of the matter in question to another body or person.

4.36 Clause 4.29 does not apply to a councillor who has a pecuniary interest in a matter that is being considered at a meeting if:

(a) the matter is a proposal relating to:

(i) the making of a principal environmental planning instrument applying to the whole or a significant portion of the council’s area, or

(ii) the amendment, alteration or repeal of an environmental planning instrument where the amendment, alteration or repeal applies to the whole or a significant portion of the council’s area, and

(b) the pecuniary interest arises only because of an interest of the councillor in the councillor’s principal place of residence or an interest of another person (whose interests are relevant under clause 4.3) in that person’s principal place of residence, and

(c) the councillor made a special disclosure under clause 4.37 in relation to the interest before the commencement of the meeting.

4.37 A special disclosure of a pecuniary interest made for the purposes of clause 4.36(c) must:

(a) be in the form set out in schedule 3 of this code and contain the information required by that form, and

(b) be laid on the table at a meeting of the council as soon as practicable after the disclosure is made, and the information contained in the special disclosure is to be recorded in the minutes of the meeting.

4.38 The Minister for Local Government may, conditionally or unconditionally, allow a councillor or a council committee member who has a pecuniary interest in a matter with which the council is concerned to be present at a meeting of the council or committee, to take part in the consideration or discussion of the matter and to vote on the matter if the Minister is of the opinion:

(a) that the number of councillors prevented from voting would be so great a proportion of the whole as to impede the transaction of business, or

(b) that it is in the interests of the electors for the area to do so.

4.39 A councillor or a council committee member with a pecuniary interest in a matter who is permitted to be present at a meeting of the council or committee, to take part in the consideration or discussion of the matter and to vote on the matter under clause 4.38, must still disclose the interest they have in the matter in accordance with clause 4.28.

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Appendix 2

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Part 5: Non-Pecuniary Conflictsof Interest

22 63

Non-Pecuniary Conflicts of Interest

What is a non-pecuniary conflict of interest?5.1 Non-pecuniary interests are private or

personal interests a council official has that do not amount to a pecuniary interest as defined in clause 4.1 of this code. These commonly arise out of family or personal relationships, or out of involvement in sporting, social, religious or other cultural groups and associations, and may include an interest of a financial nature.

5.2 A non-pecuniary conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your official functions in relation to a matter.

5.3 The personal or political views of a council official do not constitute a private interest for the purposes of clause 5.2.

5.4 Non-pecuniary conflicts of interest must be identified and appropriately managed to uphold community confidence in the probity of council decision-making. The onus is on you to identify any non-pecuniary conflict of interest you may have in matters that you deal with, to disclose the interest fully and in writing, and to take appropriate action to manage the conflict in accordance with this code.

5.5 When considering whether or not you have a non-pecuniary conflict of interest in a matter you are dealing with, it is always important to think about how others would view your situation.

Managing non-pecuniary conflicts of interest5.6 Where you have a non-pecuniary conflict

of interest in a matter for the purposes of clause 5.2, you must disclose the relevant private interest you have in relation to the matter fully and in writing as soon as practicable after becoming aware of the non-pecuniary conflict of interest and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter. In the case of members of council staff other than the general manager, such a disclosure is to be made to the staff member’s manager. In the case of the general manager, such a disclosure is to be made to the mayor.

5.7 If a disclosure is made at a council or committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes on each occasion on which the non-pecuniary conflict of interest arises. This disclosure constitutes disclosure in writing for the purposes of clause 5.6.

5.8 How you manage a non-pecuniary conflict of interest will depend on whether or not it is significant.

5.9 As a general rule, a non-pecuniary conflict of interest will be significant where it does not involve a pecuniary interest for the purposes of clause 4.1, but it involves:

a) a relationship between a council official and another person who is affected by a decision or a matter under consideration that is particularly close, such as a current or former spouse or de facto partner, a relative for the purposes of clause 4.4 or another person from the council official’s extended family that the council official has a close personal relationship with, or another person living in the same household

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b) other relationships with persons who are affected by a decision or a matter under consideration that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship.

c) an affiliation between the council official and an organisation (such as a sporting body, club, religious, cultural or charitable organisation, corporation or association) that is affected by a decision or a matter under consideration that is particularly strong. The strength of a council official’s affiliation with an organisation is to be determined by the extent to which they actively participate in the management, administration or other activities of the organisation.

d) membership, as the council’s representative, of the board or management committee of an organisation that is affected by a decision or a matter under consideration, in circumstances where the interests of the council and the organisation are potentially in conflict in relation to the particular matter

e) a financial interest (other than an interest of a type referred to in clause 4.6) that is not a pecuniary interest for the purposes of clause 4.1

f) the conferral or loss of a personal benefit other than one conferred or lost as a member of the community or a broader class of people affected by a decision.

5.10 Significant non-pecuniary conflicts of interest must be managed in one of two ways:

a) by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or

b) if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.28 and 4.29.

5.11 If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances.

5.12 If you are a member of staff of council other than the general manager, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of your manager. In the case of the general manager, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of the mayor.

5.13 Despite clause 5.10(b), a councillor who has a significant non-pecuniary conflict of interest in a matter, may participate in a decision to delegate consideration of the matter in question to another body or person.

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5.14 Council committee members are not required to declare and manage a non-pecuniary conflict of interest in accordance with the requirements of this Part where it arises from an interest they have as a person chosen to represent the community, or as a member of a non-profit organisation or other community or special interest group, if they have been appointed to represent the organisation or group on the council committee.

Political donations5.15 Councillors should be aware that matters

before council or committee meetings involving their political donors may also give rise to a non-pecuniary conflict of interest.

5.16 Where you are a councillor and have received or knowingly benefitted from a reportable political donation:

a) made by a major political donor in the previous four years, and

b) the major political donor has a matter before council,

you must declare a non-pecuniary conflict of interest in the matter, disclose the nature of the interest, and manage the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.28 and 4.29. A disclosure made under this clause must be recorded in the minutes of the meeting.

5.17 For the purposes of this Part:

a) a “reportable political donation” has the same meaning as it has in section 6 of the Electoral Funding Act 2018

b) “major political donor” has the same meaning as it has in the Electoral Funding Act 2018.

5.18 Councillors should note that political donations that are not a “reportable political donation”, or political donations to a registered political party or group by which a councillor is endorsed, may still give rise to a non-pecuniary conflict of interest. Councillors should determine whether or not such conflicts are significant for the purposes of clause 5.9 and take the appropriate action to manage them.

5.19 Despite clause 5.16, a councillor who has received or knowingly benefitted from a reportable political donation of the kind referred to in that clause, may participate in a decision to delegate consideration of the matter in question to another body or person.

Loss of quorum as a result of compliance with this Part5.20 A councillor who would otherwise be

precluded from participating in the consideration of a matter under this Part because they have a non-pecuniary conflict of interest in the matter is permitted to participate in consideration of the matter if:

a) the matter is a proposal relating to:

i) the making of a principal environmental planning instrument applying to the whole or a significant portion of the council’s area, or

ii) the amendment, alteration or repeal of an environmental planning instrument where the amendment, alteration or repeal applies to the whole or a significant portion of the council’s area, and

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b) the non-pecuniary conflict of interest arises only because of an interest that a person has in that person’s principal place of residence, and

c) the councillor discloses the interest they have in the matter that would otherwise have precluded their participation in consideration of the matter under this Part in accordance with clause 5.6.

5.21 The Minister for Local Government may, conditionally or unconditionally, allow a councillor or a council committee member who is precluded under this Part from participating in the consideration of a matter to be present at a meeting of the council or committee, to take part in the consideration or discussion of the matter and to vote on the matter if the Minister is of the opinion:

a) that the number of councillors prevented from voting would be so great a proportion of the whole as to impede the transaction of business, or

b) that it is in the interests of the electors for the area to do so.

5.22 Where the Minister exempts a councillor or committee member from complying with a requirement under this Part under clause 5.21, the councillor or committee member must still disclose any interests they have in the matter the exemption applies to, in accordance with clause 5.6.

Other business or employment5.23 The general manager must not engage,

for remuneration, in private employment, contract work or other business outside the service of the council without the approval of the council.

5.24 A member of staff must not engage, for remuneration, in private employment, contract work or other business outside the service of the council that relates to the business of the council or that might conflict with the staff member’s council duties unless they have notified the general manager in writing of the employment, work or business and the general manager has given their written approval for the staff member to engage in the employment, work or business.

5.25 The general manager may at any time prohibit a member of staff from engaging, for remuneration, in private employment, contract work or other business outside the service of the council that relates to the business of the council, or that might conflict with the staff member’s council duties.

5.26 A member of staff must not engage, for remuneration, in private employment, contract work or other business outside the service of the council if prohibited from doing so.

5.27 Members of staff must ensure that any outside employment, work or business they engage in will not:

a) conflict with their official duties

b) involve using confidential information or council resources obtained through their work with the council including where private use is permitted

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c) require them to work while on council duty

d) discredit or disadvantage the council

e) pose, due to fatigue, a risk to their health or safety, or to the health and safety of their co-workers.

Personal dealings with council5.28 You may have reason to deal with

your council in your personal capacity (for example, as a ratepayer, recipient of a council service or applicant for a development consent granted by council). You must not expect or request preferential treatment in relation to any matter in which you have a private interest because of your position. You must avoid any action that could lead members of the public to believe that you are seeking preferential treatment.

5.29 You must undertake any personal dealings you have with the council in a manner that is consistent with the way other members of the community deal with the council. You must also ensure that you disclose and appropriately manage any conflict of interest you may have in any matter in accordance with the requirements of this code.


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Part 6: Personal Benefit

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Personal Benefit

6.1 For the purposes of this Part, a gift or a benefit is something offered to or received by a council official or someone personally associated with them for their personal use and enjoyment.

6.2 A reference to a gift or benefit in this Part does not include:

a) items with a value of $10 or less

b) a political donation for the purposes of the Electoral Funding Act 2018

c) a gift provided to the council as part of a cultural exchange or sister-city relationship that is not converted for the personal use or enjoyment of any individual council official or someone personally associated with them

d) a benefit or facility provided by the council to an employee or councillor

e) attendance by a council official at a work-related event or function for the purposes of performing their official duties, or

f) free or subsidised meals, beverages or refreshments provided to council officials in conjunction with the performance of their official duties such as, but not limited to:

i) the discussion of official business

ii) work-related events such as council-sponsored or community events, training, education sessions or workshops

iii) conferences

iv) council functions or events

v) social functions organised by groups, such as council committees and community organisations.

Gifts and benefits6.3 You must avoid situations that would give

rise to the appearance that a person or body is attempting to secure favourable treatment from you or from the council, through the provision of gifts, benefits or hospitality of any kind to you or someone personally associated with you.

6.4 A gift or benefit is deemed to have been accepted by you for the purposes of this Part, where it is received by you or someone personally associated with you.

How are offers of gifts and benefits to be dealt with?6.5 You must not:

a) seek or accept a bribe or other improper inducement

b) seek gifts or benefits of any kind

c) accept any gift or benefit that may create a sense of obligation on your part, or may be perceived to be intended or likely to influence you in carrying out your public duty

d) subject to clause 6.7, accept any gift or benefit of more than token value as defined by clause 6.9

e) accept an offer of cash or a cash-like gift as defined by clause 6.13, regardless of the amount

f) participate in competitions for prizes where eligibility is based on the council being in or entering into a customer–supplier relationship with the competition organiser

g) personally benefit from reward points programs when purchasing on behalf of the council.

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6.6 Where you receive a gift or benefit of any value other than one referred to in clause 6.2, you must disclose this promptly to your manager or the general manager in writing. The recipient, manager, or general manager must ensure that, at a minimum, the following details are recorded in the council’s gift register:

a) the nature of the gift or benefit

b) the estimated monetary value of the gift or benefit

c) the name of the person who provided the gift or benefit, and

d) the date on which the gift or benefit was received.

6.7 Where you receive a gift or benefit of more than token value that cannot reasonably be refused or returned, the gift or benefit must be surrendered to the council, unless the nature of the gift or benefit makes this impractical.

Gifts and benefits of token value6.8 You may accept gifts and benefits of

token value. Gifts and benefits of token value are one or more gifts or benefits received from a person or organisation over a 12-month period that, when aggregated, do not exceed a value of $100. They include, but are not limited to:

a) invitations to and attendance at local social, cultural or sporting events with a ticket value that does not exceed $100

b) gifts of alcohol that do not exceed a value of $100

c) ties, scarves, coasters, tie pins, diaries, chocolates or flowers or the like

d) prizes or awards that do not exceed $100 in value.

Gifts and benefits of more than token value6.9 Gifts or benefits that exceed $100 in value

are gifts or benefits of more than token value for the purposes of clause 6.5(d) and, subject to clause 6.7, must not be accepted.

6.10 Gifts and benefits of more than token value include, but are not limited to, tickets to major sporting events (such as international matches or matches in national sporting codes) with a ticket value that exceeds $100, corporate hospitality at a corporate facility at major sporting events, free or discounted products or services for personal use provided on terms that are not available to the general public or a broad class of persons, the use of holiday homes, artworks, free or discounted travel.

6.11 Where you have accepted a gift or benefit of token value from a person or organisation, you must not accept a further gift or benefit from the same person or organisation or another person associated with that person or organisation within a single 12-month period where the value of the gift, added to the value of earlier gifts received from the same person or organisation, or a person associated with that person or organisation, during the same 12-month period would exceed $100 in value.

6.12 For the purposes of this Part, the value of a gift or benefit is the monetary value of the gift or benefit inclusive of GST.

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Personal Benefit

“Cash-like gifts”6.13 For the purposes of clause 6.5(e), “cash-

like gifts” include, but are not limited to, gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone or internet credit, lottery tickets, memberships or entitlements to discounts that are not available to the general public or a broad class of persons.

Improper and undue influence6.14 You must not use your position to

influence other council officials in the performance of their official functions to obtain a private benefit for yourself or for somebody else. A councillor will not be in breach of this clause where they seek to influence other council officials through the proper exercise of their role as prescribed under the LGA.

6.15 You must not take advantage (or seek to take advantage) of your status or position with council, or of functions you perform for council, in order to obtain a private benefit for yourself or for any other person or body.

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Part 7: Relationships Between Council Officials

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Relationships Between Council Officials

Obligations of councillors and administrators7.1 Each council is a body politic. The

councillors or administrator/s are the governing body of the council. Under section 223 of the LGA, the role of the governing body of the council includes the development and endorsement of the strategic plans, programs, strategies and policies of the council, including those relating to workforce policy, and to keep the performance of the council under review.

7.2 Councillors or administrators must not:

a) direct council staff other than by giving appropriate direction to the general manager by way of council or committee resolution, or by the mayor or administrator exercising their functions under section 226 of the LGA

b) in any public or private forum, direct or influence, or attempt to direct or influence, any other member of the staff of the council or a delegate of the council in the exercise of the functions of the staff member or delegate

c) contact a member of the staff of the council on council-related business unless in accordance with the policy and procedures governing the interaction of councillors and council staff that have been authorised by the council and the general manager

d) contact or issue instructions to any of the council’s contractors, including the council’s legal advisers, unless by the mayor or administrator exercising their functions under section 226 of the LGA.

7.3 Despite clause 7.2, councillors may contact the council’s external auditor or the chair of the council’s audit risk and improvement committee to provide information reasonably necessary for the external auditor or the audit, risk and improvement committee to effectively perform their functions.

Obligations of staff7.4 Under section 335 of the LGA, the role of

the general manager includes conducting the day-to-day management of the council in accordance with the strategic plans, programs, strategies and policies of the council, implementing without undue delay, lawful decisions of the council and ensuring that the mayor and other councillors are given timely information and advice and the administrative and professional support necessary to effectively discharge their official functions.

7.5 Members of staff of council must:

a) give their attention to the business of the council while on duty

b) ensure that their work is carried out ethically, efficiently, economically and effectively

c) carry out reasonable and lawful directions given by any person having authority to give such directions

d) give effect to the lawful decisions, policies and procedures of the council, whether or not the staff member agrees with or approves of them

e) ensure that any participation in political activities outside the service of the council does not interfere with the performance of their official duties.

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Inappropriate interactions7.6 You must not engage in any of the

following inappropriate interactions:

a) councillors and administrators approaching staff and staff organisations to discuss individual or operational staff matters (other than matters relating to broader workforce policy), grievances, workplace investigations and disciplinary matters

b) council staff approaching councillors and administrators to discuss individual or operational staff matters (other than matters relating to broader workforce policy), grievances, workplace investigations and disciplinary matters

c) subject to clause 8.6, council staff refusing to give information that is available to other councillors to a particular councillor

d) councillors and administrators who have lodged an application with the council, discussing the matter with council staff in staff-only areas of the council

e) councillors and administrators approaching members of local planning panels or discussing any application that is either before the panel or that will come before the panel at some future time, except during a panel meeting where the application forms part of the agenda and the councillor or administrator has a right to be heard by the panel at the meeting

f) councillors and administrators being overbearing or threatening to council staff

g) council staff being overbearing or threatening to councillors or administrators

h) councillors and administrators making personal attacks on council staff or engaging in conduct towards staff that would be contrary to the general conduct provisions in Part 3 of this code in public forums including social media

i) councillors and administrators directing or pressuring council staff in the performance of their work, or recommendations they should make

j) council staff providing ad hoc advice to councillors and administrators without recording or documenting the interaction as they would if the advice was provided to a member of the community

k) council staff meeting with applicants or objectors alone AND outside office hours to discuss planning applications or proposals

l) councillors attending on-site inspection meetings with lawyers and/or consultants engaged by the council associated with current or proposed legal proceedings unless permitted to do so by the council’s general manager or, in the case of the mayor or administrator, unless they are exercising their functions under section 226 of the LGA.

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Part 8: Access to Information and Council Resources

36 77

Access to Information and Council Resources

Councillor and administrator access to information8.1 The general manager is responsible

for ensuring that councillors and administrators can access information necessary for the performance of their official functions. The general manager and public officer are also responsible for ensuring that members of the public can access publicly available council information under the Government Information (Public Access) Act 2009 (the GIPA Act).

8.2 The general manager must provide councillors and administrators with the information necessary to effectively discharge their official functions.

8.3 Members of staff of council must provide full and timely information to councillors and administrators sufficient to enable them to exercise their official functions and in accordance with council procedures.

8.4 Members of staff of council who provide any information to a particular councillor in the performance of their official functions must also make it available to any other councillor who requests it and in accordance with council procedures.

8.5 Councillors and administrators who have a private interest only in council information have the same rights of access as any member of the public.

8.6 Despite clause 8.4, councillors and administrators who are precluded from participating in the consideration of a matter under this code because they have a conflict of interest in the matter, are not entitled to request access to council information in relation to the matter unless the information is otherwise available to members of the public, or the council has determined to make the information available under the GIPA Act.

Councillors and administrators to properly examine and consider information8.7 Councillors and administrators must

ensure that they comply with their duty under section 439 of the LGA to act honestly and exercise a reasonable degree of care and diligence by properly examining and considering all the information provided to them relating to matters that they are required to make a decision on.

Refusal of access to information8.8 Where the general manager or public

officer determine to refuse access to information requested by a councillor or administrator, they must act reasonably. In reaching this decision they must take into account whether or not the information requested is necessary for the councillor or administrator to perform their official functions (see clause 8.2) and whether they have disclosed a conflict of interest in the matter the information relates to that would preclude their participation in consideration of the matter (see clause 8.6). The general manager or public officer must state the reasons for the decision if access is refused.

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Use of certain council information8.9 In regard to information obtained in your

capacity as a council official, you must:

a) subject to clause 8.14, only access council information needed for council business

b) not use that council information for private purposes

c) not seek or obtain, either directly or indirectly, any financial benefit or other improper advantage for yourself, or any other person or body, from any information to which you have access by virtue of your office or position with council

d) only release council information in accordance with established council policies and procedures and in compliance with relevant legislation.

Use and security of confidential information8.10 You must maintain the integrity and

security of confidential information in your possession, or for which you are responsible.

8.11 In addition to your general obligations relating to the use of council information, you must:

a) only access confidential information that you have been authorised to access and only do so for the purposes of exercising your official functions

b) protect confidential information

c) only release confidential information if you have authority to do so

d) only use confidential information for the purpose for which it is intended to be used

e) not use confidential information gained through your official position for the purpose of securing a private benefit for yourself or for any other person

f) not use confidential information with the intention to cause harm or detriment to the council or any other person or body

g) not disclose any confidential information discussed during a confidential session of a council or committee meeting or any other confidential forum (such as, but not limited to, workshops or briefing sessions).

Personal information8.12 When dealing with personal information

you must comply with:

a) the Privacy and Personal Information Protection Act 1998

b) the Health Records and Information Privacy Act 2002

c) the Information Protection Principles and Health Privacy Principles

d) the council’s privacy management plan

e) the Privacy Code of Practice for Local Government

Use of council resources8.13 You must use council resources ethically,

effectively, efficiently and carefully in exercising your official functions, and must not use them for private purposes, except when supplied as part of a contract of employment (but not for private business purposes), unless this use is lawfully authorised and proper payment is made where appropriate.

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Access to Information and Council Resources

8.14 Union delegates and consultative committee members may have reasonable access to council resources and information for the purposes of carrying out their industrial responsibilities, including but not limited to:

a) the representation of members with respect to disciplinary matters

b) the representation of employees with respect to grievances and disputes

c) functions associated with the role of the local consultative committee.

8.15 You must be scrupulous in your use of council property, including intellectual property, official services, facilities, technology and electronic devices and must not permit their misuse by any other person or body.

8.16 You must avoid any action or situation that could create the appearance that council property, official services or public facilities are being improperly used for your benefit or the benefit of any other person or body.

8.17 You must not use council resources (including council staff), property or facilities for the purpose of assisting your election campaign or the election campaigns of others unless the resources, property or facilities are otherwise available for use or hire by the public and any publicly advertised fee is paid for use of the resources, property or facility.

8.18 You must not use the council letterhead, council crests, council email or social media or other information that could give the appearance it is official council material:

a) for the purpose of assisting your election campaign or the election campaign of others, or

b) for other non-official purposes.

8.19 You must not convert any property of the council to your own use unless properly authorised.

Internet access 8.20 You must not use council’s computer

resources or mobile or other devices to search for, access, download or communicate any material of an offensive, obscene, pornographic, threatening, abusive or defamatory nature, or that could otherwise lead to criminal penalty or civil liability and/or damage the council’s reputation.

Council record keeping8.21 You must comply with the requirements

of the State Records Act 1998 and the council’s records management policy.

8.22 All information created, sent and received in your official capacity is a council record and must be managed in accordance with the requirements of the State Records Act 1998 and the council’s approved records management policies and practices.

8.23 All information stored in either soft or hard copy on council supplied resources (including technology devices and email accounts) is deemed to be related to the business of the council and will be treated as council records, regardless of whether the original intention was to create the information for personal purposes.

8.24 You must not destroy, alter, or dispose of council information or records, unless authorised to do so. If you need to alter or dispose of council information or records, you must do so in consultation with the council’s records manager and comply with the requirements of the State Records Act 1998.

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Councillor access to council buildings8.25 Councillors and administrators are entitled

to have access to the council chamber, committee room, mayor’s office (subject to availability), councillors’ rooms, and public areas of council’s buildings during normal business hours and for meetings. Councillors and administrators needing access to these facilities at other times must obtain authority from the general manager.

8.26 Councillors and administrators must not enter staff-only areas of council buildings without the approval of the general manager (or their delegate) or as provided for in the procedures governing the interaction of councillors and council staff.

8.27 Councillors and administrators must ensure that when they are within a staff only area they refrain from conduct that could be perceived to improperly influence council staff decisions.

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Part 9: Maintaining the Integrity of this Code

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Maintaining the Integrity of this Code

Complaints made for an improper purpose9.1 You must not make or threaten to make

a complaint or cause a complaint to be made alleging a breach of this code for an improper purpose.

9.2 For the purposes of clause 9.1, a complaint is made for an improper purpose where it is trivial, frivolous, vexatious or not made in good faith, or where it otherwise lacks merit and has been made substantially for one or more of the following purposes:

a) to bully, intimidate or harass another council official

b) to damage another council official’s reputation

c) to obtain a political advantage

d) to influence a council official in the exercise of their official functions or to prevent or disrupt the exercise of those functions

e) to influence the council in the exercise of its functions or to prevent or disrupt the exercise of those functions

f) to avoid disciplinary action under the Procedures

g) to take reprisal action against a person for making a complaint alleging a breach of this code

h) to take reprisal action against a person for exercising a function prescribed under the Procedures

i) to prevent or disrupt the effective administration of this code under the Procedures.

Detrimental action9.3 You must not take detrimental action

or cause detrimental action to be taken against a person substantially in reprisal for a complaint they have made alleging a breach of this code.

9.4 You must not take detrimental action or cause detrimental action to be taken against a person substantially in reprisal for any function they have exercised under the Procedures.

9.5 For the purposes of clauses 9.3 and 9.4, a detrimental action is an action causing, comprising or involving any of the following:

a) injury, damage or loss

b) intimidation or harassment

c) discrimination, disadvantage or adverse treatment in relation to employment

d) dismissal from, or prejudice in, employment

e) disciplinary proceedings.

Compliance with requirements under the Procedures 9.6 You must not engage in conduct that

is calculated to impede or disrupt the consideration of a matter under the Procedures.

9.7 You must comply with a reasonable and lawful request made by a person exercising a function under the Procedures. A failure to make a written or oral submission invited under the Procedures will not constitute a breach of this clause.

9.8 You must comply with a practice ruling made by the Office under the Procedures.

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Disclosure of information about the consideration of a matter under the Procedures9.9 All allegations of breaches of this

code must be dealt with under and in accordance with the Procedures.

9.10 You must not allege breaches of this code other than by way of a complaint made or initiated under the Procedures.

9.11 You must not make allegations about, or disclose information about, suspected breaches of this code at council, committee or other meetings, whether open to the public or not, or in any other forum, whether public or not.

9.12 You must not disclose information about a complaint you have made alleging a breach of this code or any other matter being considered under the Procedures except for the purposes of seeking legal advice, unless the disclosure is otherwise permitted under the Procedures.

9.13 Nothing under this Part prevents a person from making a public interest disclosure to an appropriate public authority or investigative authority under the Public Interest Disclosures Act 1994.

Complaints alleging a breach of this Part9.14 Complaints alleging a breach of this Part

by a councillor, the general manager or an administrator are to be managed by the Office. This clause does not prevent the Office from referring an alleged breach of this Part back to the council for consideration in accordance with the Procedures.

9.15 Complaints alleging a breach of this Part by other council officials are to be managed by the general manager in accordance with the Procedures.

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Schedule 1: Disclosures of Interest and OtherMatters in Written ReturnsSubmitted Under Clause 4.21

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Schedule 1

Part 1: PreliminaryDefinitions1. For the purposes of the schedules to this

code, the following definitions apply:

address means:

a) in relation to a person other than a corporation, the last residential or business address of the person known to the councillor or designated person disclosing the address, or

b) in relation to a corporation, the address of the registered office of the corporation in New South Wales or, if there is no such office, the address of the principal office of the corporation in the place where it is registered, or

c) in relation to any real property, the street address of the property.

de facto partner has the same meaning as defined in section 21C of the Interpretation Act 1987.

disposition of property means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, including the following:

a) the allotment of shares in a company

b) the creation of a trust in respect of property

c) the grant or creation of a lease, mortgage, charge, easement, licence, power, partnership or interest in respect of property

d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action, or of an interest in respect of property

e) the exercise by a person of a general power of appointment over property in favour of another person

f) a transaction entered into by a person who intends by the transaction to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of another person.

gift means a disposition of property made otherwise than by will (whether or not by instrument in writing) without consideration, or with inadequate consideration, in money or money’s worth passing from the person to whom the disposition was made to the person who made the disposition, but does not include a financial or other contribution to travel.

interest means:

a) in relation to property, an estate, interest, right or power, at law or in equity, in or over the property, or

b) in relation to a corporation, a relevant interest (within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth) in securities issued or made available by the corporation.

listed company means a company that is listed within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth.

occupation includes trade, profession and vocation.

professional or business association means an incorporated or unincorporated body or organisation having as one of its objects or activities the promotion of the economic interests of its members in any occupation.

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property includes money.

return date means:

a) in the case of a return made under clause 4.21(a), the date on which a person became a councillor or designated person

b) in the case of a return made under clause 4.21(b), 30 June of the year in which the return is made

c) in the case of a return made under clause 4.21(c), the date on which the councillor or designated person became aware of the interest to be disclosed.

relative includes any of the following:

a) a person’s spouse or de facto partner

b) a person’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

c) a person’s spouse’s or de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

d) the spouse or de factor partner of a person referred to in paragraphs (b) and (c).

travel includes accommodation incidental to a journey.

Matters relating to the interests that must be included in returns2. Interests etc. outside New South Wales:

A reference in this schedule or in schedule 2 to a disclosure concerning a corporation or other thing includes any reference to a disclosure concerning a corporation registered, or other thing arising or received, outside New South Wales.

3. References to interests in real property: A reference in this schedule or in schedule 2 to real property in which a councillor or designated person has an interest includes a reference to any real property situated in Australia in which the councillor or designated person has an interest.

4. Gifts, loans etc. from related corporations: For the purposes of this schedule and schedule 2, gifts or contributions to travel given, loans made, or goods or services supplied, to a councillor or designated person by two or more corporations that are related to each other for the purposes of section 50 of the Corporations Act 2001 of the Commonwealth are all given, made or supplied by a single corporation.

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Schedule 1

Part 2: Pecuniary interests to be disclosed in returnsReal property5. A person making a return under clause

4.21 of this code must disclose:

a) the street address of each parcel of real property in which they had an interest on the return date, and

b) the street address of each parcel of real property in which they had an interest in the period since 30 June of the previous financial year, and

c) the nature of the interest.

6. An interest in a parcel of real property need not be disclosed in a return if the person making the return had the interest only:

a) as executor of the will, or administrator of the estate, of a deceased person and not as a beneficiary under the will or intestacy, or

b) as a trustee, if the interest was acquired in the ordinary course of an occupation not related to their duties as the holder of a position required to make a return.

7. An interest in a parcel of real property need not be disclosed in a return if the person ceased to hold the interest prior to becoming a councillor or designated person.

8. For the purposes of clause 5 of this schedule, “interest” includes an option to purchase.

Gifts 9. A person making a return under clause


a) a description of each gift received in the period since 30 June of the previous financial year, and

b) the name and address of the donor of each of the gifts.

10. A gift need not be included in a return if:

a) it did not exceed $500, unless it was among gifts totalling more than $500 made by the same person during a period of 12 months or less, or

b) it was a political donation disclosed, or required to be disclosed, under Part 3 of the Electoral Funding Act 2018, or

c) the donor was a relative of the donee, or

d) subject to paragraph (a), it was received prior to the person becoming a councillor or designated person.

11. For the purposes of clause 10 of this schedule, the amount of a gift other than money is an amount equal to the value of the property given.

Contributions to travel12. A person making a return under clause


a) the name and address of each person who made any financial or other contribution to the expenses of any travel undertaken by the person in the period since 30 June of the previous financial year, and

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b) the dates on which the travel was undertaken, and

c) the names of the states and territories, and of the overseas countries, in which the travel was undertaken.

13. A financial or other contribution to any travel need not be disclosed under this clause if it:

a) was made from public funds (including a contribution arising from travel on free passes issued under an Act or from travel in government or council vehicles), or

b) was made by a relative of the traveller, or

c) was made in the ordinary course of an occupation of the traveller that is not related to their functions as the holder of a position requiring the making of a return, or

d) did not exceed $250, unless it was among gifts totalling more than $250 made by the same person during a 12-month period or less, or

e) was a political donation disclosed, or required to be disclosed, under Part 3 of the Electoral Funding Act 2018, or

f) was made by a political party of which the traveller was a member and the travel was undertaken for the purpose of political activity of the party in New South Wales, or to enable the traveller to represent the party within Australia, or

g) subject to paragraph (d) it was received prior to the person becoming a councillor or designated person.

14. For the purposes of clause 13 of this schedule, the amount of a contribution (other than a financial contribution) is an amount equal to the value of the contribution.

Interests and positions in corporations15. A person making a return under clause


a) the name and address of each corporation in which they had an interest or held a position (whether remunerated or not) on the return date, and

b) the name and address of each corporation in which they had an interest or held a position in the period since 30 June of the previous financial year, and

c) the nature of the interest, or the position held, in each of the corporations, and

d) a description of the principal objects (if any) of each of the corporations, except in the case of a listed company.

16. An interest in, or a position held in, a corporation need not be disclosed if the corporation is:

a) formed for the purpose of providing recreation or amusement, or for promoting commerce, industry, art, science, religion or charity, or for any other community purpose, and

b) required to apply its profits or other income in promoting its objects, and

c) prohibited from paying any dividend to its members.

17. An interest in a corporation need not be disclosed if the interest is a beneficial interest in shares in a company that does not exceed 10 per cent of the voting rights in the company.

18. An interest or a position in a corporation need not be disclosed if the person ceased to hold the interest or position prior to becoming a councillor or designated person.

5050 91

Schedule 1

Interests as a property developer or a close associate of a property developer19. A person making a return under clause

4.21 of this code must disclose whether they were a property developer, or a close associate of a corporation that, or an individual who, is a property developer, on the return date.

20. For the purposes of clause 19 of this schedule:

close associate, in relation to a corporation or an individual, has the same meaning as it has in section 53 of the Electoral Funding Act 2018.

property developer has the same meaning as it has in Division 7 of Part 3 of the Electoral Funding Act 2018.

Positions in trade unions and professional or business associations21. A person making a return under clause

4.21 of the code must disclose:

a) the name of each trade union, and of each professional or business association, in which they held any position (whether remunerated or not) on the return date, and

b) the name of each trade union, and of each professional or business association, in which they have held any position (whether remunerated or not) in the period since 30 June of the previous financial year, and

c) a description of the position held in each of the unions and associations.

22. A position held in a trade union or a professional or business association need not be disclosed if the person ceased to hold the position prior to becoming a councillor or designated person.

Dispositions of real property23. A person making a return under clause

4.21 of this code must disclose particulars of each disposition of real property by the person (including the street address of the affected property) in the period since 30 June of the previous financial year, under which they wholly or partly retained the use and benefit of the property or the right to re-acquire the property.

24. A person making a return under clause 4.21 of this code must disclose particulars of each disposition of real property to another person (including the street address of the affected property) in the period since 30 June of the previous financial year, that is made under arrangements with, but is not made by, the person making the return, being a disposition under which the person making the return obtained wholly or partly the use of the property.

25. A disposition of real property need not be disclosed if it was made prior to a person becoming a councillor or designated person.

515192


Sources of income26. A person making a return under clause


a) each source of income that the person reasonably expects to receive in the period commencing on the first day after the return date and ending on the following 30 June, and

b) each source of income received by the person in the period since 30 June of the previous financial year.

27. A reference in clause 26 of this schedule to each source of income received, or reasonably expected to be received, by a person is a reference to:

a) in relation to income from an occupation of the person:

(i) a description of the occupation, and

(ii) if the person is employed or the holder of an office, the name and address of their employer, or a description of the office, and

(iii) if the person has entered into a partnership with other persons, the name (if any) under which the partnership is conducted, or

b) in relation to income from a trust, the name and address of the settlor and the trustee, or

c) in relation to any other income, a description sufficient to identify the person from whom, or the circumstances in which, the income was, or is reasonably expected to be, received.

28. The source of any income need not be disclosed by a person in a return if the amount of the income received, or reasonably expected to be received, by the person from that source did not exceed $500, or is not reasonably expected to exceed $500, as the case may be.

29. The source of any income received by the person that they ceased to receive prior to becoming a councillor or designated person need not be disclosed.

30. A fee paid to a councillor or to the mayor or deputy mayor under sections 248 or 249 of the LGA need not be disclosed.

Debts31. A person making a return under clause

4.21 of this code must disclose the name and address of each person to whom the person was liable to pay any debt:

a) on the return date, and

b) at any time in the period since 30 June of the previous financial year.

32. A liability to pay a debt must be disclosed by a person in a return made under clause 4.21 whether or not the amount, or any part of the amount, to be paid was due and payable on the return date or at any time in the period since 30 June of the previous financial year, as the case may be.

33. A liability to pay a debt need not be disclosed by a person in a return if:

a) the amount to be paid did not exceed $500 on the return date or in the period since 30 June of the previous financial year, as the case may be, unless:

5252 93

Schedule 1

(i) the debt was one of two or more debts that the person was liable to pay to one person on the return date, or at any time in the period since 30 June of the previous financial year, as the case may be, and

(ii) the amounts to be paid exceeded, in the aggregate, $500, or

b) the person was liable to pay the debt to a relative, or

c) in the case of a debt arising from a loan of money the person was liable to pay the debt to an authorised deposit-taking institution or other person whose ordinary business includes the lending of money, and the loan was made in the ordinary course of business of the lender, or

d) in the case of a debt arising from the supply of goods or services:

(i) the goods or services were supplied in the period of 12 months immediately preceding the return date, or were supplied in the period since 30 June of the previous financial year, as the case may be, or

(ii) the goods or services were supplied in the ordinary course of any occupation of the person that is not related to their duties as the holder of a position required to make a return, or

e) subject to paragraph (a), the debt was discharged prior to the person becoming a councillor or designated person.

Discretionary disclosures34. A person may voluntarily disclose in a

return any interest, benefit, advantage or liability, whether pecuniary or not, that is not required to be disclosed under another provision of this Schedule.

535394


Schedule 2: Form of Written Return of Interests Submitted Under Clause 4.21

54 95

Schedule 2

‘Disclosures by councillors and designated persons’ return1. The pecuniary interests and other

matters to be disclosed in this return are prescribed by Schedule 1 of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

2. If this is the first return you have been required to lodge with the general manager after becoming a councillor or designated person, do not complete Parts C, D and I of the return. All other parts of the return should be completed with appropriate information based on your circumstances at the return date, that is, the date on which you became a councillor or designated person.

3. If you have previously lodged a return with the general manager and you are completing this return for the purposes of disclosing a new interest that was not disclosed in the last return you lodged with the general manager, you must complete all parts of the return with appropriate information for the period from 30 June of the previous financial year or the date on which you became a councillor or designated person, (whichever is the later date), to the return date which is the date you became aware of the new interest to be disclosed in your updated return.

4. If you have previously lodged a return with the general manager and are submitting a new return for the new financial year, you must complete all parts of the return with appropriate information for the 12-month period commencing on 30 June of the previous year to 30 June this year.

5. This form must be completed using block letters or typed.

6. If there is insufficient space for all the information you are required to disclose, you must attach an appendix which is to be properly identified and signed by you.

7. If there are no pecuniary interests or other matters of the kind required to be disclosed under a heading in this form, the word “NIL” is to be placed in an appropriate space under that heading.

Important informationThis information is being collected for the purpose of complying with clause 4.21 of the Model Code of Conduct.

You must not lodge a return that you know or ought reasonably to know is false or misleading in a material particular (see clause 4.23 of the Model Code of Conduct). Complaints about breaches of these requirements are to be referred to the Office of Local Government and may result in disciplinary action by the council, the Chief Executive of the Office of Local Government or the NSW Civil and Administrative Tribunal.

The information collected on this form will be kept by the general manager in a register of returns. The general manager is required to table all returns at a council meeting.

Information contained in returns made and lodged under clause 4.21 is to be made publicly available in accordance with the requirements of the Government Information (Public Access) Act 2009, the Government Information (Public Access) Regulation 2009 and any guidelines issued by the Information Commissioner.

You have an obligation to keep the information contained in this return up to date. If you become aware of a new interest that must be disclosed in this return, or an interest that you have previously failed to disclose, you must submit an updated return within three months of becoming aware of the previously undisclosed interest.

555596


Disclosure of pecuniary interests and other matters by [full name of councillor or designated person]

as at [return date]

in respect of the period from [date] to [date]

[councillor’s or designated person’s signature]

[date]

A. Real Property

Street address of each parcel of real property in which I had an interest at the return date/at any time since 30 June

Nature of interest

B. Sources of income

1 Sources of income I reasonably expect to receive from an occupation in the period commencing on the first day after the return date and ending on the following 30 June

Sources of income I received from an occupation at any time since 30 June

Description of occupation Name and address of employer or description of office held (if applicable)

Name under which partnership conducted (if applicable)

2 Sources of income I reasonably expect to receive from a trust in the period commencing on the first day after the return date and ending on the following 30 June

Sources of income I received from a trust since 30 June

Name and address of settlor Name and address of trustee

3 Sources of other income I reasonably expect to receive in the period commencing on the first day after the return date and ending on the following 30 June

Sources of other income I received at any time since 30 June

[Include description sufficient to identify the person from whom, or the circumstances in which, that income was received]

C. Gifts

Description of each gift I received at any time since 30 June

Name and address of donor

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Schedule 2

D. Contributions to travel

Name and address of each person who made any financial or other contribution to any travel undertaken by me at any time since 30 June

Dates on which travel was undertaken

Name of States, Territories of the Commonwealth and overseas countries in which travel was undertaken

E. Interests and positions in corporations

Name and address of each corporation in which I had an interest or held a position at the return date/at any time since 30 June

Nature of interest (if any)

Description of position (if any)

Description of principal objects (if any) of corporation (except in case of listed company)

F. Were you a property developer or a close associate of a property developer on the return date? (Y/N)

G. Positions in trade unions and professional or business associations

Name of each trade union and each professional or business association in which I held any position (whether remunerated or not) at the return date/at any time since 30 June

Description of position

H. Debts

Name and address of each person to whom I was liable to pay any debt at the return date/at any time since 30 June

I. Dispositions of property

1 Particulars of each disposition of real property by me (including the street address of the affected property) at any time since 30 June as a result of which I retained, either wholly or in part, the use and benefit of the property or the right to re-acquire the property at a later time

2 Particulars of each disposition of property to a person by any other person under arrangements made by me (including the street address of the affected property), being dispositions made at any time since 30 June, as a result of which I obtained, either wholly or in part, the use and benefit of the property

J. Discretionary disclosures

575798


Schedule 3: Form of Special Disclosure ofPecuniary Interest SubmittedUnder Clause 4.37

5858 99

Schedule 3

1. This form must be completed using block letters or typed.

2. If there is insufficient space for all the information you are required to disclose, you must attach an appendix which is to be properly identified and signed by you.

Important informationThis information is being collected for the purpose of making a special disclosure of pecuniary interests under clause 4.36(c) of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

The special disclosure must relate only to a pecuniary interest that a councillor has in the councillor’s principal place of residence, or an interest another person (whose interests are relevant under clause 4.3 of the Model Code of Conduct) has in that person’s principal place of residence.

Clause 4.3 of the Model Code of Conduct states that you will have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative or because your business partner or employer has a pecuniary interest. You will also have a pecuniary interest in a matter because

you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

“Relative” is defined by clause 4.4 of the Model Code of Conduct as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints about breaches of these requirements are to be referred to the Office of Local Government and may result in disciplinary action by the Chief Executive of the Office of Local Government or the NSW Civil and Administrative Tribunal.

This form must be completed by you before the commencement of the council or council committee meeting at which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

5959100


Special disclosure of pecuniary interests by [full name of councillor]

in the matter of [insert name of environmental planning instrument]

which is to be considered at a meeting of the [name of council or council committee (as the case requires)]

to be held on the day of 20 .

Pecuniary interest

Address of the affected principal place of residence of the councillor or an associated person, company or body (the identified land)

Relationship of identified land to councillor

[Tick or cross one box.]

The councillor has an interest in the land (e.g. is the owner or has another interest arising out of a mortgage, lease, trust, option or contract, or otherwise).

An associated person of the councillor has an interest in the land.

An associated company or body of the councillor has an interest in the land.

Matter giving rise to pecuniary interest1

Nature of the land that is subject to a change in zone/planning control by the proposed LEP (the subject land)2

[Tick or cross one box]

The identified land.

Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

1 Clause 4.1 of the Model Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Model Code of Conduct.

2 A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in clause 4.3 of the Model Code of Conduct has a proprietary interest.

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Schedule 3

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

Effect of proposed change of zone/planning control on councillor or associated person

[Insert one of the following: “Appreciable financial gain” or “Appreciable financial loss”]

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest.]

Councillor’s signature

Date

[This form is to be retained by the council’s general manager and included in full in the minutes of the meeting]

6161102


103

Procedures for the Administration of

The Model Code of Conduct for Local Councils in NSW2020

Attachment 3 – Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW - 2020

104

Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW

ALTERNATIVE MEDIA PUBLICATIONS Special arrangements can be made for our publications to be provided in large print or an alternative media format. If you need this service, please contact us on 02 4428 4100.

DISCLAIMER While every effort has been made to ensure the accuracy of the information in this publication, the Office of Local Government expressly disclaims any liability to any person in respect of anything done or not done as a result of the contents of the publication or the data provided.

© Department of Planning, Industry and Environment 2020 Produced by the Department of Planning, Industry and Environment

PROCEDURES FOR THE ADMINISTRATION OF THE MODEL CODE OF CONDUCT FOR LOCAL COUNCILS IN NSW 2020

ACCESS TO SERVICES The Office of Local Government is located at: Street Address: Levels 1 & 2, 5 O’Keefe Avenue, NOWRA NSW 2541 Postal Address: Locked Bag 3015, Nowra, NSW 2541 Phone: 02 4428 4100 Fax: 02 4428 4199 TTY: 02 4428 4209 Email: [email protected] Website: www.olg.nsw.gov.au

OFFICE HOURS Monday to Friday 9.00am to 5.00pm (Special arrangements may be made if these hours are unsuitable) All offices are wheelchair accessible.

105


Contents

Contents

Part 1: Introduction 4

Part 2: Definitions 6

Part 3: Administrative Framework 10

Part 4: How May Code of Conduct Complaints be Made? 14

Part 5: How are Code of Conduct Complaints to be Managed? 18

Part 6: Preliminary Assessment of Code of Conduct Complaints 26 About Councillors or the General Manager by Conduct Reviewers

Part 7: Investigations of Code of Conduct Complaints About 32 Councillors or the General Manager

Part 8: Oversight and Rights of Review 40

Part 9: Procedural Irregularities 44

Part 10: Practice Directions 46

Part 11: Reporting Statistics on Code of Conduct Complaints 48 About Councillors and the General Manager

Part 12: Confidentiality 50

33106


Part 1:Introduction

4 107

Introduction

These procedures (“the Model Code Procedures”) are prescribed for the administration of the Model Code of Conduct for Local Councils in NSW (“the Model Code of Conduct”).

The Model Code of Conduct is made under section 440 of the Local Government Act 1993 (“the LGA”) and the Local Government (General) Regulation 2005 (“the Regulation”). Section 440 of the LGA requires every council (including county councils) and joint organisation to adopt a code of conduct that incorporates the provisions of the Model Code of Conduct.

The Model Code Procedures are made under section 440AA of the LGA and the Regulation. Section 440AA of the LGA requires every council (including county councils) and joint organisation to adopt procedures for the administration of their code of conduct that incorporate the provisions of the Model Code Procedures.

In adopting procedures for the administration of their adopted codes of conduct, councils and joint organisations may supplement the Model Code Procedures. However, provisions that are not consistent with those prescribed under the Model Code Procedures will have no effect.

Note: References in these procedures to councils are also to be taken as references to county councils and joint organisations.

Note: In adopting the Model Code Procedures, joint organisations should adapt them to substitute the terms “board” for “council”, “chairperson” for “mayor”, “voting representative” for “councillor” and “executive officer” for “general manager”.

Note: In adopting the Model Code Procedures, county councils should adapt them to substitute the term “chairperson” for “mayor” and “member” for “councillor”.

Note: Parts 6, 7, 8 and 11 of these procedures apply only to the management of code of conduct complaints about councillors (including the mayor) or the general manager.

55108


Part 2: Definitions

6 109

In these procedures the following terms have the following meanings:

administrator an administrator of a council appointed under the LGA other than an administrator appointed under section 66

code of conduct a code of conduct adopted under section 440 of the LGA

code of conduct complaint a complaint that is a code of conduct complaint for the purposes of clauses 4.1 and 4.2 of these procedures

complainant a person who makes a code of conduct complaint

complainant councillor a councillor who makes a code of conduct complaint

complaints coordinator a person appointed by the general manager under these procedures as a complaints coordinator

conduct reviewer a person appointed under these procedures to review allegations of breaches of the code of conduct by councillors or the general manager

council includes county councils and joint organisations

council committee a committee established by a council comprising of councillors, staff or other persons that the council has delegated functions to and the council’s audit, risk and improvement committee

council committee member a person other than a councillor or member of staff of a council who is a member of a council committee other than a wholly advisory committee, and a person other than a councillor who is a member of the council’s audit, risk and improvement committee

councillor any person elected or appointed to civic office, including the mayor, and includes members and chairpersons of county councils and voting representatives of the boards of joint organisations and chairpersons of joint organisations

council official any councillor, member of staff of council, administrator, council committee member, delegate of council and, for the purposes of clause 4.16 of the Model Code of Conduct, council adviser

delegate of council a person (other than a councillor or member of staff of a council) or body, and the individual members of that body, to whom a function of the council is delegated

external agency a state government agency such as, but not limited to, the Office, the ICAC, the NSW Ombudsman or the police

general manager includes the executive officer of a joint organisation

Definitions

77110


ICAC the Independent Commission Against Corruption

joint organisation a joint organisation established under section 400O of the LGA

LGA the Local Government Act 1993

mayor includes the chairperson of a county council or a joint organisation

members of staff of a council includes members of staff of county councils and joint organisations

the Office the Office of Local Government

investigator a conduct reviewer

the Regulation the Local Government (General) Regulation 2005

respondent a person whose conduct is the subject of investigation by a conduct reviewer under these procedures

wholly advisory committee a council committee that the council has not delegated any functions to

88 111

Definitions

99112


Part 3: Administrative Framework

10 113

Administrative Framework

The establishment of a panel of conduct reviewers

3.1 The council must establish a panel of conduct reviewers.

3.2 The council may enter into an arrangement with one or more other councils to share a panel of conduct reviewers including through a joint organisation or another regional body associated with the councils.

3.3 The panel of conduct reviewers is to be established following a public expression of interest process.

3.4 An expression of interest for members of the council’s panel of conduct reviewers must, at a minimum, be advertised locally and in the Sydney metropolitan area.

3.5 To be eligible to be a conduct reviewer, a person must, at a minimum, meet the following requirements:

a) an understanding of local government, and

b) knowledge of investigative processes including but not limited to procedural fairness requirements and the requirements of the Public Interest Disclosures Act 1994, and

c) knowledge and experience of one or more of the following:

i) investigations

ii) law

iii) public administration

iv) public sector ethics

v) alternative dispute resolution, and

d) meet the eligibility requirements for membership of a panel of conduct reviewers under clause 3.6.

3.6 A person is not eligible to be a conduct reviewer if they are:

a) a councillor, or

b) a nominee for election as a councillor, or

c) an administrator, or

d) an employee of a council, or

e) a member of the Commonwealth Parliament or any State Parliament or Territory Assembly, or

f) a nominee for election as a member of the Commonwealth Parliament or any State Parliament or Territory Assembly, or

g) a person who has a conviction for an indictable offence that is not an expired conviction.

3.7 A person is not precluded from being a member of the council’s panel of conduct reviewers if they are a member of another council’s panel of conduct reviewers.

3.8 An incorporated or other entity may be appointed to a council’s panel of conduct reviewers where the council is satisfied that all the persons who will be undertaking the functions of a conduct reviewer on behalf of the entity meet the selection and eligibility criteria prescribed under this Part.

3.9 A panel of conduct reviewers established under this Part is to have a term of up to four years.

3.10 The council may terminate the panel of conduct reviewers at any time. Where a panel of conduct reviewers has been terminated, conduct reviewers who were members of the panel may continue to deal with any matter referred to them under these procedures prior to the termination of the panel until they have finalised their consideration of the matter.

1111114


3.11 When the term of the panel of conduct reviewers concludes or is terminated, the council must establish a new panel of conduct reviewers in accordance with the requirements of this Part.

3.12 A person who was a member of a previous panel of conduct reviewers established by the council may be a member of subsequent panels of conduct reviewers established by the council if they continue to meet the selection and eligibility criteria for membership of the panel.

The appointment of an internal ombudsman to a panel of conduct reviewers3.13 Despite clause 3.6(d), an employee of

a council who is the nominated internal ombudsman of one or more councils may be appointed to a council’s panel of conduct reviewers with the Office’s consent.

3.14 To be appointed to a council’s panel of conduct reviewers, an internal ombudsman must meet the qualification requirements for conduct reviewers prescribed under clause 3.5 as modified by the operation of clause 3.13.

3.15 An internal ombudsman appointed to a council’s panel of conduct reviewers may also exercise the functions of the council’s complaints coordinator. For the purposes of clause 6.1, an internal ombudsman who is a council’s complaints coordinator and has been appointed to the council’s panel of conduct reviewers, may either undertake a preliminary assessment and investigation of a matter referred to them under clauses 5.26 or 5.33 or refer the matter to another conduct reviewer in accordance with clause 6.2.

3.16 Clause 6.4(c) does not apply to an internal ombudsman appointed to a council’s panel of conduct reviewers.

The appointment of complaints coordinators3.17 The general manager must appoint a

member of staff of the council or another person (such as, but not limited to, a member of staff of another council or a member of staff of a joint organisation or other regional body associated with the council), to act as a complaints coordinator. Where the complaints coordinator is a member of staff of the council, the complaints coordinator should be a senior and suitably qualified member of staff.

3.18 The general manager may appoint other members of staff of the council or other persons (such as, but not limited to, members of staff of another council or members of staff of a joint organisation or other regional body associated with the council), to act as alternates to the complaints coordinator.

3.19 The general manager must not undertake the role of complaints coordinator.

3.20 The person appointed as complaints coordinator or alternate complaints coordinator must also be a nominated disclosures coordinator appointed for the purpose of receiving and managing reports of wrongdoing under the Public Interest Disclosures Act 1994.

3.21 The role of the complaints coordinator is to:

a) coordinate the management of complaints made under the council’s code of conduct

b) liaise with and provide administrative support to a conduct reviewer

c) liaise with the Office, and

d) arrange the annual reporting of code of conduct complaints statistics.

1212 115

1313116


Part 4: How May Code of Conduct Complaints be Made?

14 117

What is a code of conduct complaint?4.1 For the purpose of these procedures, a

code of conduct complaint is a complaint that shows or tends to show conduct on the part of a council official in connection with their role as a council official or the exercise of their functions as a council official that would constitute a breach of the standards of conduct prescribed under the council’s code of conduct if proven.

4.2 The following are not “code of conduct complaints” for the purposes of these procedures:

a) complaints about the standard or level of service provided by the council or a council official

b) complaints that relate solely to the merits of a decision made by the council or a council official or the exercise of a discretion by the council or a council official

c) complaints about the policies or procedures of the council

d) complaints about the conduct of a council official arising from the exercise of their functions in good faith, whether or not involving error, that would not otherwise constitute a breach of the standards of conduct prescribed under the council’s code of conduct.

4.3 Only code of conduct complaints are to be dealt with under these procedures. Complaints that do not satisfy the definition of a code of conduct complaint are to be dealt with under the council’s routine complaints management processes.

When must a code of conduct complaint be made?4.4 A code of conduct complaint must be

made within 3 months of the alleged conduct occurring or within 3 months of the complainant becoming aware of the alleged conduct.

4.5 A complaint made after 3 months may only be accepted if the general manager or their delegate, or, in the case of a complaint about the general manager, the mayor or their delegate, is satisfied that the allegations are serious and compelling grounds exist for the matter to be dealt with under the code of conduct.

How May Code Of Conduct Complaints be Made?

1515118


How may a code of conduct complaint about a council official other than the general manager be made?4.6 All code of conduct complaints other than

those relating to the general manager are to be made to the general manager in writing. This clause does not operate to prevent a person from making a complaint to an external agency.

4.7 Where a code of conduct complaint about a council official other than the general manager cannot be made in writing, the complaint must be confirmed with the complainant in writing as soon as possible after the receipt of the complaint.

4.8 In making a code of conduct complaint about a council official other than the general manager, the complainant may nominate whether they want the complaint to be resolved by mediation or by other alternative means.

4.9 The general manager or their delegate, or, where the complaint is referred to a conduct reviewer, the conduct reviewer, must consider the complainant’s preferences in deciding how to deal with the complaint.

4.10 Notwithstanding clauses 4.6 and 4.7, where the general manager becomes aware of a possible breach of the council’s code of conduct, they may initiate the process for the consideration of the matter under these procedures without a written complaint.

How may a code of conduct complaint about the general manager be made?4.11 Code of conduct complaints about the

general manager are to be made to the mayor in writing. This clause does not operate to prevent a person from making a complaint about the general manager to an external agency.

4.12 Where a code of conduct complaint about the general manager cannot be made in writing, the complaint must be confirmed with the complainant in writing as soon as possible after the receipt of the complaint.

4.13 In making a code of conduct complaint about the general manager, the complainant may nominate whether they want the complaint to be resolved by mediation or by other alternative means.

4.14 The mayor or their delegate, or, where the complaint is referred to a conduct reviewer, the conduct reviewer, must consider the complainant’s preferences in deciding how to deal with the complaint.

4.15 Notwithstanding clauses 4.11 and 4.12, where the mayor becomes aware of a possible breach of the council’s code of conduct by the general manager, they may initiate the process for the consideration of the matter under these procedures without a written complaint.

1616 119

1717120


Part 5: How are Code of ConductComplaints to be Managed?

18 121

Delegation by general managers and mayors of their functions under this Part5.1 A general manager or mayor may

delegate their functions under this Part to a member of staff of the council or to a person or persons external to the council other than an external agency. References in this Part to the general manager or mayor are also to be taken to be references to their delegates.

Consideration of complaints by general managers and mayors5.2 In exercising their functions under this

Part, general managers and mayors may consider the complaint assessment criteria prescribed under clause 6.31.

What complaints may be declined at the outset?5.3 Without limiting any other provision in

these procedures, the general manager or, in the case of a complaint about the general manager, the mayor, may decline to deal with a complaint under these procedures where they are satisfied that the complaint:

a) is not a code of conduct complaint, or

b) subject to clause 4.5, is not made within 3 months of the alleged conduct occurring or the complainant becoming aware of the alleged conduct, or

c) is trivial, frivolous, vexatious or not made in good faith, or

d) relates to a matter the substance of which has previously been considered and addressed by the council and does not warrant further action, or

e) is not made in a way that would allow the alleged conduct and any alleged breaches of the council’s code of conduct to be readily identified.

How are code of conduct complaints about staff (other than the general manager) to be dealt with?5.4 The general manager is responsible for

the management of code of conduct complaints about members of staff of council (other than complaints alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct) and for determining the outcome of such complaints.

5.5 The general manager must refer code of conduct complaints about members of staff of council alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct to the Office.

5.6 The general manager may decide to take no action in relation to a code of conduct complaint about a member of staff of council other than one requiring referral to the Office under clause 5.5 where they consider that no action is warranted in relation to the complaint.

5.7 Where the general manager decides to take no action in relation to a code of conduct complaint about a member of staff of council, the general manager must give the complainant reasons in writing for their decision and this shall finalise the consideration of the matter under these procedures.

How are Code of Conduct Complaints to be Managed?

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5.8 Code of conduct complaints about members of staff of council must be managed in accordance with the relevant industrial instrument or employment contract and make provision for procedural fairness including the right of an employee to be represented by their union.

5.9 Sanctions for breaches of the code of conduct by staff depend on the severity, scale and importance of the breach and must be determined in accordance with any relevant industrial instruments or contracts.

How are code of conduct complaints about delegates of council, council advisers and council committee members to be dealt with?5.10 The general manager is responsible for

the management of code of conduct complaints about delegates of council and council committee members (other than complaints alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct) and for determining the outcome of such complaints.

5.11 The general manager must refer code of conduct complaints about council advisers, delegates of council and council committee members alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct to the Office.

5.12 The general manager may decide to take no action in relation to a code of conduct complaint about a delegate of council or a council committee member other than one requiring referral to the Office under clause 5.11 where they consider that no action is warranted in relation to the complaint.

5.13 Where the general manager decides to take no action in relation to a code of conduct complaint about a delegate of council or a council committee member, the general manager must give the complainant reasons in writing for their decision and this shall finalise the consideration of the matter under these procedures.

5.14 Where the general manager considers it to be practicable and appropriate to do so, the general manager may seek to resolve code of conduct complaints about delegates of council or council committee members, by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour. The resolution of a code of conduct complaint under this clause is not to be taken as a determination that there has been a breach of the council’s code of conduct.

5.15 Where the general manager resolves a code of conduct complaint under clause 5.14 to the general manager’s satisfaction, the general manager must notify the complainant in writing of the steps taken to resolve the complaint and this shall finalise the consideration of the matter under these procedures.

5.16 Sanctions for breaches of the code of conduct by delegates of council and/or council committee members depend on the severity, scale and importance of the breach and may include one or more of the following:

a) censure

b) requiring the person to apologise to any person or organisation adversely affected by the breach in such a time and form specified by the general manager

c) prosecution for any breach of the law

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d) removing or restricting the person’s delegation

e) removing the person from membership of the relevant council committee.

5.17 Prior to imposing a sanction against a delegate of council or a council committee member under clause 5.16, the general manager or any person making enquiries on behalf of the general manager must comply with the requirements of procedural fairness. In particular:

a) the substance of the allegation (including the relevant provision/s of the council’s code of conduct that the alleged conduct is in breach of) must be put to the person who is the subject of the allegation, and

b) the person must be given an opportunity to respond to the allegation, and

c) the general manager must consider the person’s response in deciding whether to impose a sanction under clause 5.16.

How are code of conduct complaints about administrators to be dealt with?5.18 The general manager must refer all

code of conduct complaints about administrators to the Office for its consideration.

5.19 The general manager must notify the complainant of the referral of their complaint in writing.

How are code of conduct complaints about councillors to be dealt with?5.20 The general manager must refer the

following code of conduct complaints about councillors to the Office:

a) complaints alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct

b) complaints alleging a failure to comply with a requirement under the code of conduct to disclose and appropriately manage conflicts of interest arising from political donations (see section 328B of the LGA)

c) complaints alleging a breach of the provisions relating to the maintenance of the integrity of the code of conduct contained in Part 9 of the code of conduct

d) complaints that are the subject of a special complaints management arrangement with the Office under clause 5.49.

5.21 Where the general manager refers a complaint to the Office under clause 5.20, the general manager must notify the complainant of the referral in writing.

5.22 The general manager may decide to take no action in relation to a code of conduct complaint about a councillor, other than one requiring referral to the Office under clause 5.20, where they consider that no action is warranted in relation to the complaint.

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5.23 Where the general manager decides to take no action in relation to a code of conduct complaint about a councillor, the general manager must give the complainant reasons in writing for their decision within 21 days of receipt of the complaint and this shall finalise the consideration of the matter under these procedures.

5.24 Where the general manager considers it to be practicable and appropriate to do so, the general manager may seek to resolve code of conduct complaints about councillors, other than those requiring referral to the Office under clause 5.20, by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour. The resolution of a code of conduct complaint under this clause is not to be taken as a determination that there has been a breach of the council’s code of conduct.

5.25 Where the general manager resolves a code of conduct complaint under clause 5.24 to the general manager’s satisfaction, the general manager must notify the complainant in writing of the steps taken to resolve the complaint within 21 days of receipt of the complaint and this shall finalise the consideration of the matter under these procedures.

5.26 The general manager must refer all code of conduct complaints about councillors, other than those referred to the Office under clause 5.20 or finalised under clause 5.23 or resolved under clause 5.24, to the complaints coordinator.

How are code of conduct complaints about the general manager to be dealt with?5.27 The mayor must refer the following code

of conduct complaints about the general manager to the Office:

a) complaints alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct

b) complaints alleging a breach of the provisions relating to the maintenance of the integrity of the code of conduct contained in Part 9 of the code of conduct

c) complaints that are the subject of a special complaints management arrangement with the Office under clause 5.49.

5.28 Where the mayor refers a complaint to the Office under clause 5.27, the mayor must notify the complainant of the referral in writing.

5.29 The mayor may decide to take no action in relation to a code of conduct complaint about the general manager, other than one requiring referral to the Office under clause 5.27, where they consider that no action is warranted in relation to the complaint.

5.30 Where the mayor decides to take no action in relation to a code of conduct complaint about the general manager, the mayor must give the complainant reasons in writing for their decision within 21 days of receipt of the complaint and this shall finalise the consideration of the matter under these procedures.

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5.31 Where the mayor considers it to be practicable and appropriate to do so, the mayor may seek to resolve code of conduct complaints about the general manager, other than those requiring referral to the Office under clause 5.27, by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour. The resolution of a code of conduct complaint under this clause is not to be taken as a determination that there has been a breach of the council’s code of conduct.

5.32 Where the mayor resolves a code of conduct complaint under clause 5.31 to the mayor’s satisfaction, the mayor must notify the complainant in writing of the steps taken to resolve the complaint within 21 days of receipt of the complaint and this shall finalise the consideration of the matter under these procedures.

5.33 The mayor must refer all code of conduct complaints about the general manager, other than those referred to the Office under clause 5.27 or finalised under clause 5.30 or resolved under clause 5.31, to the complaints coordinator.

How are complaints about both the general manager and the mayor to be dealt with?5.34 Where the general manager or mayor

receives a code of conduct complaint that alleges a breach of the code of conduct by both the general manager and the mayor, the general manager or mayor must either:

a) delegate their functions under this part with respect to the complaint to a member of staff of the council other than the general manager where the allegation is not serious, or to a person external to the council, or

b) refer the matter to the complaints coordinator under clause 5.26 and clause 5.33.

Referral of code of conduct complaints to external agencies5.35 The general manager, mayor or a conduct

reviewer may, at any time, refer a code of conduct complaint to an external agency for its consideration, where they consider such a referral is warranted.

5.36 The general manager, mayor or a conduct reviewer must report to the ICAC any matter that they suspect on reasonable grounds concerns or may concern corrupt conduct.

5.37 Where the general manager, mayor or conduct reviewer refers a complaint to an external agency under clause 5.35, they must notify the complainant of the referral in writing unless they form the view, on the advice of the relevant agency, that it would not be appropriate for them to do so.

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5.38 Referral of a matter to an external agency shall finalise consideration of the matter under these procedures unless the council is subsequently advised otherwise by the referral agency.

Disclosure of the identity of complainants5.39 In dealing with matters under these

procedures, information that identifies or tends to identify complainants is not to be disclosed unless:

a) the complainant consents in writing to the disclosure, or

b) it is generally known that the complainant has made the complaint as a result of the complainant having voluntarily identified themselves as the person who made the complaint, or

c) it is essential, having regard to procedural fairness requirements, that the identifying information be disclosed, or

d) a conduct reviewer is of the opinion that disclosure of the information is necessary to investigate the matter effectively, or

e) it is otherwise in the public interest to do so.

5.40 Clause 5.39 does not apply to code of conduct complaints made by councillors about other councillors or the general manager.

5.41 Where a councillor makes a code of conduct complaint about another councillor or the general manager, and the complainant councillor considers that compelling grounds exist that would warrant information that identifies or tends to identify them as the complainant not to be disclosed, they may request in writing that such information not be disclosed.

5.42 A request made by a complainant councillor under clause 5.41 must be made at the time they make a code of conduct complaint and must state the grounds upon which the request is made.

5.43 The general manager or mayor, and where the matter is referred to a conduct reviewer, the conduct reviewer, must consider a request made under clause 5.41 before disclosing information that identifies or tends to identify the complainant councillor, but they are not obliged to comply with the request.

5.44 Where a complainant councillor makes a request under clause 5.41, the general manager or mayor or, where the matter is referred to a conduct reviewer, the conduct reviewer, shall notify the councillor in writing of their intention to disclose information that identifies or tends to identify them prior to disclosing the information.

Code of conduct complaints made as public interest disclosures 5.45 These procedures do not override the

provisions of the Public Interest Disclosures Act 1994. Code of conduct complaints that are made as public interest disclosures under that Act are to be managed in accordance with the requirements of that Act, the council’s internal reporting policy, and any guidelines issued by the NSW Ombudsman that relate to the management of public interest disclosures.

5.46 Where a councillor makes a code of conduct complaint about another councillor or the general manager as a public interest disclosure, before the matter may be dealt with under these procedures, the complainant councillor must consent in writing to the disclosure of their identity as the complainant.

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5.47 Where a complainant councillor declines to consent to the disclosure of their identity as the complainant under clause 5.46, the general manager or the mayor must refer the complaint to the Office for consideration. Such a referral must be made under section 26 of the Public Interest Disclosures Act 1994.

Special complaints management arrangements5.48 The general manager may request in

writing that the Office enter into a special complaints management arrangement with the council in relation to code of conduct complaints made by or about a person or persons.

5.49 Where the Office receives a request under clause 5.48, it may agree to enter into a special complaints management arrangement if it is satisfied that the number or nature of code of conduct complaints made by or about a person or persons has:

a) imposed an undue and disproportionate cost burden on the council’s administration of its code of conduct, or

b) impeded or disrupted the effective administration by the council of its code of conduct, or

c) impeded or disrupted the effective functioning of the council.

5.50 A special complaints management arrangement must be in writing and must specify the following:

a) the code of conduct complaints the arrangement relates to, and

b) the period that the arrangement will be in force.

5.51 The Office may, by notice in writing, amend or terminate a special complaints management arrangement at any time.

5.52 While a special complaints management arrangement is in force, an officer of the Office (the assessing OLG officer) must undertake the preliminary assessment of the code of conduct complaints specified in the arrangement in accordance with the requirements of Part 6 of these procedures.

5.53 Where, following a preliminary assessment, the assessing OLG officer determines that a code of conduct complaint warrants investigation by a conduct reviewer, the assessing OLG officer shall notify the complaints coordinator in writing of their determination and the reasons for their determination. The complaints coordinator must comply with the recommendation of the assessing OLG officer.

5.54 Prior to the expiry of a special complaints management arrangement, the Office may, at the request of the general manager, review the arrangement to determine whether it should be renewed or amended.

5.55 A special complaints management arrangement shall expire on the date specified in the arrangement unless renewed under clause 5.54.


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Part 6: Preliminary Assessment of Code of Conduct Complaints About Councillors or the General Manager by Conduct Reviewers

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Preliminary Assessment of Code of Conduct Complaints About Councillors or the General Manager by Conduct Reviewers

Referral of code of conduct complaints about councillors or the general manager to conduct reviewers 6.1 The complaints coordinator must refer

all code of conduct complaints about councillors or the general manager that have not been referred to an external agency or declined or resolved by the general manager, mayor or their delegate and that have been referred to them under clauses 5.26 or 5.33, to a conduct reviewer within 21 days of receipt of the complaint by the general manager or the mayor.

6.2 For the purposes of clause 6.1, the complaints coordinator will refer a complaint to a conduct reviewer selected from:

a) a panel of conduct reviewers established by the council, or

b) a panel of conduct reviewers established by an organisation approved by the Office.

6.3 In selecting a suitable conduct reviewer, the complaints coordinator may have regard to the qualifications and experience of members of the panel of conduct reviewers. Where the conduct reviewer is an incorporated or other entity, the complaints coordinator must also ensure that the person assigned to receive the referral on behalf of the entity meets the selection and eligibility criteria for conduct reviewers prescribed under Part 3 of these procedures.

6.4 A conduct reviewer must not accept the referral of a code of conduct complaint where:

a) they have a conflict of interest in relation to the matter referred to them, or

b) a reasonable apprehension of bias arises in relation to their consideration of the matter, or

c) they or their employer has entered into one or more contracts with the council (other than contracts relating to the exercise of their functions as a conduct reviewer) in the 2 years preceding the referral, and they or their employer have received or expect to receive payments under the contract or contracts of a value that, when aggregated, exceeds $100,000, or

d) at the time of the referral, they or their employer are the council’s legal service provider or are a member of a panel of legal service providers appointed by the council.

6.5 For the purposes of clause 6.4(a), a conduct reviewer will have a conflict of interest in a matter where a reasonable and informed person would perceive that they could be influenced by a private interest when carrying out their public duty (see clause 5.2 of the Model Code of Conduct).

6.6 For the purposes of clause 6.4(b), a reasonable apprehension of bias arises where a fair-minded observer might reasonably apprehend that the conduct reviewer might not bring an impartial and unprejudiced mind to the matter referred to the conduct reviewer.

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6.7 Where the complaints coordinator refers a matter to a conduct reviewer, they will provide the conduct reviewer with a copy of the code of conduct complaint and any other information relevant to the matter held by the council, including any information about previous proven breaches and any information that would indicate that the alleged conduct forms part of an ongoing pattern of behaviour.

6.8 The complaints coordinator must notify the complainant in writing that the matter has been referred to a conduct reviewer, and advise which conduct reviewer the matter has been referred to.

6.9 Conduct reviewers must comply with these procedures in their consideration of matters that have been referred to them and exercise their functions in a diligent and timely manner.

6.10 The complaints coordinator may at any time terminate the referral of a matter to a conduct reviewer and refer the matter to another conduct reviewer where the complaints coordinator is satisfied that the conduct reviewer has failed to:

a) comply with these procedures in their consideration of the matter, or

b) comply with a lawful and reasonable request by the complaints coordinator, or

c) exercise their functions in a timely or satisfactory manner.

6.11 Where the complaints coordinator terminates a referral to a conduct reviewer under clause 6.10, they must notify the complainant and any other affected person in writing of their decision and the reasons for it and advise them which conduct reviewer the matter has been referred to instead.

Preliminary assessment of code of conduct complaints about councillors or the general manager by a conduct reviewer6.12 The conduct reviewer is to undertake a

preliminary assessment of a complaint referred to them by the complaints coordinator for the purposes of determining how the complaint is to be managed.

6.13 The conduct reviewer may determine to do one or more of the following in relation to a complaint referred to them by the complaints coordinator:

a) to take no action

b) to resolve the complaint by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour

c) to refer the matter back to the general manager or, in the case of a complaint about the general manager, the mayor, for resolution by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour

d) to refer the matter to an external agency

e) to investigate the matter.

6.14 In determining how to deal with a matter under clause 6.13, the conduct reviewer must have regard to the complaint assessment criteria prescribed under clause 6.31.

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6.15 The conduct reviewer may make such enquiries the conduct reviewer considers to be reasonably necessary to determine what options to exercise under clause 6.13.

6.16 The conduct reviewer may request the complaints coordinator to provide such additional information the conduct reviewer considers to be reasonably necessary to determine what options to exercise in relation to the matter under clause 6.13. The complaints coordinator will, as far as is reasonably practicable, supply any information requested by the conduct reviewer.

6.17 The conduct reviewer must refer to the Office any complaints referred to them that should have been referred to the Office under clauses 5.20 and 5.27.

6.18 The conduct reviewer must determine to take no action on a complaint that is not a code of conduct complaint for the purposes of these procedures.

6.19 The resolution of a code of conduct complaint under clause 6.13, paragraphs (b) or (c) is not to be taken as a determination that there has been a breach of the council’s code of conduct.

6.20 Where the conduct reviewer completes their preliminary assessment of a complaint by determining to exercise an option under clause 6.13, paragraphs (a), (b) or (c), they must provide the complainant with written notice of their determination and provide reasons for it, and this will finalise consideration of the matter under these procedures.

6.21 Where the conduct reviewer refers a complaint to an external agency, they must notify the complainant of the referral in writing unless they form the view, on the advice of the relevant agency, that it would not be appropriate for them to do so.

6.22 The conduct reviewer may only determine to investigate a matter where they are satisfied as to the following:

a) that the complaint is a code of conduct complaint for the purposes of these procedures, and

b) that the alleged conduct is sufficiently serious to warrant the formal censure of a councillor under section 440G of the LGA or disciplinary action against the general manager under their contract of employment if it were to be proven, and

c) that the matter is one that could not or should not be resolved by alternative means.

6.23 In determining whether a matter is sufficiently serious to warrant formal censure of a councillor under section 440G of the LGA or disciplinary action against the general manager under their contract of employment, the conduct reviewer is to consider the following:

a) the harm or cost that the alleged conduct has caused to any affected individuals and/or the council

b) the likely impact of the alleged conduct on the reputation of the council and public confidence in it

c) whether the alleged conduct was deliberate or undertaken with reckless intent or negligence

d) any previous proven breaches by the person whose alleged conduct is the subject of the complaint and/or whether the alleged conduct forms part of an ongoing pattern of behaviour.

6.24 The conduct reviewer must complete their preliminary assessment of the complaint within 28 days of referral of the matter to them by the complaints coordinator and notify the complaints coordinator in writing of the outcome of their assessment.

6.25 The conduct reviewer is not obliged to give prior notice to or to consult with any person before making a determination in relation to their preliminary assessment of a complaint, except as may be specifically required under these procedures.


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Referral back to the general manager or mayor for resolution6.26 Where the conduct reviewer determines

to refer a matter back to the general manager or to the mayor to be resolved by alternative and appropriate means, they must write to the general manager or, in the case of a complaint about the general manager, to the mayor, recommending the means by which the complaint may be resolved.

6.27 The conduct reviewer must consult with the general manager or mayor prior to referring a matter back to them under clause 6.13(c).

6.28 The general manager or mayor may decline to accept the conduct reviewer’s recommendation. In such cases, the conduct reviewer may determine to deal with the complaint by other means under clause 6.13.

6.29 Where the conduct reviewer refers a matter back to the general manager or mayor under clause 6.13(c), the general manager or, in the case of a complaint about the general manager, the mayor, is responsible for implementing or overseeing the implementation of the conduct reviewer’s recommendation.

6.30 Where the conduct reviewer refers a matter back to the general manager or mayor under clause 6.13(c), the general manager, or, in the case of a complaint about the general manager, the mayor, must advise the complainant in writing of the steps taken to implement the conduct reviewer’s recommendation once these steps have been completed.

Complaints assessment criteria6.31 In undertaking the preliminary assessment

of a complaint, the conduct reviewer must have regard to the following considerations:

a) whether the complaint is a code of conduct complaint for the purpose of these procedures

b) whether the complaint has been made in a timely manner in accordance with clause 4.4, and if not, whether the allegations are sufficiently serious for compelling grounds to exist for the matter to be dealt with under the council’s code of conduct

c) whether the complaint is trivial, frivolous, vexatious or not made in good faith

d) whether the complaint discloses prima facie evidence of conduct that, if proven, would constitute a breach of the code of conduct

e) whether the complaint raises issues that would be more appropriately dealt with by an external agency

f) whether there is or was an alternative and satisfactory means of redress available in relation to the conduct complained of

g) whether the complaint is one that can be resolved by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour

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h) whether the issue/s giving rise to the complaint have previously been addressed or resolved

i) any previous proven breaches of the council’s code of conduct

j) whether the conduct complained of forms part of an ongoing pattern of behaviour

k) whether there were mitigating circumstances giving rise to the conduct complained of

l) the seriousness of the alleged conduct (having regard to the criteria specified in clause 6.23)

m) the significance of the conduct or the impact of the conduct for the council

n) how much time has passed since the alleged conduct occurred

o) such other considerations that the conduct reviewer considers may be relevant to the assessment of the complaint.


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Part 7: Investigations of Code of Conduct Complaints About Councillors or the General Manager

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Investigations of Code of Conduct Complaints About Councillors or the General Manager

What matters may a conduct reviewer investigate?7.1 A conduct reviewer (hereafter referred

to as an “investigator”) may investigate a code of conduct complaint that has been referred to them by the complaints coordinator and any matters related to or arising from that complaint.

7.2 Where an investigator identifies further separate possible breaches of the code of conduct that are not related to or do not arise from the code of conduct complaint that has been referred to them, they are to report the matters separately in writing to the general manager, or, in the case of alleged conduct on the part of the general manager, to the mayor.

7.3 The general manager or the mayor or their delegate is to deal with a matter reported to them by an investigator under clause 7.2 as if it were a new code of conduct complaint in accordance with these procedures.

How are investigations to be commenced?7.4 The investigator must at the outset of

their investigation provide a written notice of investigation to the respondent. The notice of investigation must:

a) disclose the substance of the allegations against the respondent, and

b) advise of the relevant provisions of the code of conduct that apply to the alleged conduct, and

c) advise of the process to be followed in investigating the matter, and

d) advise the respondent of the requirement to maintain confidentiality, and

e) invite the respondent to make a written submission in relation to the matter within a period of not less than 14 days specified by the investigator in the notice, and

f) provide the respondent the opportunity to address the investigator on the matter within such reasonable time specified in the notice.

7.5 The respondent may, within 7 days of receipt of the notice of investigation, request in writing that the investigator provide them with such further information they consider necessary to assist them to identify the substance of the allegation against them. An investigator will only be obliged to provide such information that the investigator considers reasonably necessary for the respondent to identify the substance of the allegation against them.

7.6 An investigator may at any time prior to issuing a draft report, issue an amended notice of investigation to the respondent in relation to the matter referred to them.

7.7 Where an investigator issues an amended notice of investigation, they must provide the respondent with a further opportunity to make a written submission in response to the amended notice of investigation within a period of not less than 14 days specified by the investigator in the amended notice.

7.8 The investigator must also, at the outset of their investigation, provide written notice of the investigation to the complainant, the complaints coordinator and the general manager, or in the case of a complaint about the general manager, to the complainant, the complaints coordinator and the mayor. The notice must:

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a) advise them of the matter the investigator is investigating, and

b) in the case of the notice to the complainant, advise them of the requirement to maintain confidentiality, and

c) invite the complainant to make a written submission in relation to the matter within a period of not less than 14 days specified by the investigator in the notice.

Written and oral submissions7.9 Where the respondent or the complainant

fails to make a written submission in relation to the matter within the period specified by the investigator in their notice of investigation or amended notice of investigation, the investigator may proceed to prepare their draft report without receiving such submissions.

7.10 The investigator may accept written submissions received outside the period specified in the notice of investigation or amended notice of investigation.

7.11 Prior to preparing a draft report, the investigator must give the respondent an opportunity to address the investigator on the matter being investigated. The respondent may do so in person or by telephone or other electronic means.

7.12 Where the respondent fails to accept the opportunity to address the investigator within the period specified by the investigator in the notice of investigation, the investigator may proceed to prepare a draft report without hearing from the respondent.

7.13 Where the respondent accepts the opportunity to address the investigator in person, they may have a support person or legal adviser in attendance. The support person or legal adviser will act in an advisory or support role to the respondent only. They must not speak on behalf of the respondent or otherwise interfere with or disrupt proceedings.

7.14 The investigator must consider all written and oral submissions made to them in relation to the matter.

How are investigations to be conducted?7.15 Investigations are to be undertaken

without undue delay.

7.16 Investigations are to be undertaken in the absence of the public and in confidence.

7.17 Investigators must make any such enquiries that may be reasonably necessary to establish the facts of the matter.

7.18 Investigators may seek such advice or expert guidance that may be reasonably necessary to assist them with their investigation or the conduct of their investigation.

7.19 An investigator may request that the complaints coordinator provide such further information that the investigator considers may be reasonably necessary for them to establish the facts of the matter. The complaints coordinator will, as far as is reasonably practicable, provide the information requested by the investigator.

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Referral or resolution of a matter after the commencement of an investigation7.20 At any time after an investigator has

issued a notice of investigation and before they have issued their final report, an investigator may determine to:

a) resolve the matter by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour, or

b) refer the matter to the general manager, or, in the case of a complaint about the general manager, to the mayor, for resolution by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour, or

c) refer the matter to an external agency.

7.21 Where an investigator determines to exercise any of the options under clause 7.20 after the commencement of an investigation, they must do so in accordance with the requirements of Part 6 of these procedures relating to the exercise of these options at the preliminary assessment stage.

7.22 The resolution of a code of conduct complaint under clause 7.20, paragraphs (a) or (b) is not to be taken as a determination that there has been a breach of the council’s code of conduct.

7.23 Where an investigator determines to exercise any of the options under clause 7.20 after the commencement of an investigation, they may by written notice to the respondent, the complainant, the complaints coordinator and the general manager, or in the case of a complaint about the general manager, to the respondent, the complainant, the complaints coordinator and the mayor, discontinue their investigation of the matter.

7.24 Where the investigator discontinues their investigation of a matter under clause 7.23, this shall finalise the consideration of the matter under these procedures.

7.25 An investigator is not obliged to give prior notice to or to consult with any person before making a determination to exercise any of the options under clause 7.20 or to discontinue their investigation except as may be specifically required under these procedures.

Draft investigation reports7.26 When an investigator has completed their

enquiries and considered any written or oral submissions made to them in relation to a matter, they must prepare a draft of their proposed report.

7.27 The investigator must provide their draft report to the respondent and invite them to make a written submission in relation to it within a period of not less than 14 days specified by the investigator.

7.28 Where the investigator proposes to make adverse comment about any other person (an affected person) in their report, they must also provide the affected person with relevant extracts of their draft report containing such comment and invite the affected person to make a written submission in relation to it within a period of not less than 14 days specified by the investigator.


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7.29 The investigator must consider written submissions received in relation to the draft report prior to finalising their report in relation to the matter.

7.30 The investigator may, after consideration of all written submissions received in relation to their draft report, make further enquiries into the matter. If, as a result of making further enquiries, the investigator makes any material change to their proposed report that makes new adverse comment about the respondent or an affected person, they must provide the respondent or affected person as the case may be with a further opportunity to make a written submission in relation to the new adverse comment.

7.31 Where the respondent or an affected person fails to make a written submission in relation to the draft report within the period specified by the investigator, the investigator may proceed to prepare and issue their final report without receiving such submissions.

7.32 The investigator may accept written submissions in relation to the draft report received outside the period specified by the investigator at any time prior to issuing their final report.

Final investigation reports7.33 Where an investigator issues a notice of

investigation, they must prepare a final report in relation to the matter unless the investigation is discontinued under clause 7.23.

7.34 An investigator must not prepare a final report in relation to the matter at any time before they have finalised their consideration of the matter in accordance with the requirements of these procedures.

7.35 The investigator’s final report must:

a) make findings of fact in relation to the matter investigated, and,

b) make a determination that the conduct investigated either,

i) constitutes a breach of the code of conduct, or

ii) does not constitute a breach of the code of conduct, and

c) provide reasons for the determination.

7.36 At a minimum, the investigator’s final report must contain the following information:

a) a description of the allegations against the respondent

b) the relevant provisions of the code of conduct that apply to the alleged conduct investigated

c) a statement of reasons as to why the matter warranted investigation (having regard to the criteria specified in clause 6.23)

d) a statement of reasons as to why the matter was one that could not or should not be resolved by alternative means

e) a description of any attempts made to resolve the matter by use of alternative means

f) the steps taken to investigate the matter

g) the facts of the matter

h) the investigator’s findings in relation to the facts of the matter and the reasons for those findings

i) the investigator’s determination and the reasons for that determination

j) any recommendations.

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7.37 Where the investigator determines that the conduct investigated constitutes a breach of the code of conduct, the investigator may recommend:

a) in the case of a breach by the general manager, that disciplinary action be taken under the general manager’s contract of employment for the breach, or

b) in the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the LGA, or

c) in the case of a breach by a councillor, that the council resolves as follows:

i) that the councillor be formally censured for the breach under section 440G of the LGA, and

ii) that the matter be referred to the Office for further action under the misconduct provisions of the LGA.

7.38 Where the investigator proposes to make a recommendation under clause 7.37(c), the investigator must first consult with the Office on their proposed findings, determination and recommendation prior to finalising their report, and must take any comments by the Office into consideration when finalising their report.

7.39 Where the investigator has determined that there has been a breach of the code of conduct, the investigator may, in addition to making a recommendation under clause 7.37, recommend that the council revise any of its policies, practices or procedures.

7.40 Where the investigator determines that the conduct investigated does not constitute a breach of the code of conduct, the investigator may recommend:

a) that the council revise any of its policies, practices or procedures

b) that a person or persons undertake any training or other education.

7.41 The investigator must provide a copy of their report to the complaints coordinator and the respondent.

7.42 At the time the investigator provides a copy of their report to the complaints coordinator and the respondent, the investigator must provide the complainant with a written statement containing the following information:

a) the investigator’s findings in relation to the facts of the matter and the reasons for those findings

b) the investigator’s determination and the reasons for that determination

c) any recommendations, and

d) such other additional information that the investigator considers may be relevant.

7.43 Where the investigator has determined that there has not been a breach of the code of conduct, the complaints coordinator must provide a copy of the investigator’s report to the general manager or, where the report relates to the general manager’s conduct, to the mayor, and this will finalise consideration of the matter under these procedures.

7.44 Where the investigator has determined that there has been a breach of the code of conduct and makes a recommendation under clause 7.37, the complaints coordinator must, where practicable, arrange for the investigator’s report to be reported to the next ordinary council meeting for the council’s consideration, unless the meeting is to be held within the 4 weeks prior to an ordinary local government election, in which case the report must be reported to the first ordinary council meeting following the election.


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7.45 Where it is apparent to the complaints coordinator that the council will not be able to form a quorum to consider the investigator’s report, the complaints coordinator must refer the investigator’s report to the Office for its consideration instead of reporting it to the council under clause 7.44.

Consideration of the final investigation report by council7.46 The role of the council in relation to a

final investigation report is to impose a sanction if the investigator has determined that there has been a breach of the code of conduct and has made a recommendation in their final report under clause 7.37.

7.47 The council is to close its meeting to the public to consider the final investigation report in cases where it is permitted to do so under section 10A of the LGA.

7.48 Where the complainant is a councillor, they must absent themselves from the meeting and take no part in any discussion or voting on the matter. The complainant councillor may absent themselves without making any disclosure of interest in relation to the matter unless otherwise required to do so under the code of conduct.

7.49 Prior to imposing a sanction, the council must provide the respondent with an opportunity to make a submission to the council. A submission may be made orally or in writing. The respondent is to confine their submission to addressing the investigator’s recommendation.

7.50 Once the respondent has made their submission they must absent themselves from the meeting and, where they are a councillor, take no part in any discussion or voting on the matter.

7.51 The council must not invite submissions from other persons for the purpose of seeking to rehear evidence previously considered by the investigator.

7.52 Prior to imposing a sanction, the council may by resolution:

a) request that the investigator make additional enquiries and/or provide additional information to it in a supplementary report, or

b) seek an opinion from the Office in relation to the report.

7.53 The council may, by resolution, defer further consideration of the matter pending the receipt of a supplementary report from the investigator or an opinion from the Office.

7.54 The investigator may make additional enquiries for the purpose of preparing a supplementary report.

7.55 Where the investigator prepares a supplementary report, they must provide copies to the complaints coordinator who shall provide a copy each to the council and the respondent.

7.56 The investigator is not obliged to notify or consult with any person prior to submitting the supplementary report to the complaints coordinator.

7.57 The council is only required to provide the respondent a further opportunity to make an oral or written submission on a supplementary report if the supplementary report contains new information that is adverse to them.

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7.58 A council may by resolution impose one of the following sanctions on a respondent:

a) in the case of a breach by the general manager, that disciplinary action be taken under the general manager’s contract of employment for the breach, or

b) in the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the LGA, or

c) in the case of a breach by a councillor:

i) that the councillor be formally censured for the breach under section 440G of the LGA, and

ii) that the matter be referred to the Office for further action under the misconduct provisions of the LGA.

7.59 Where the council censures a councillor under section 440G of the LGA, the council must specify in the censure resolution the grounds on which it is satisfied that the councillor should be censured by disclosing in the resolution, the investigator’s findings and determination and/or such other grounds that the council considers may be relevant or appropriate.

7.60 The council is not obliged to adopt the investigator’s recommendation. Where the council proposes not to adopt the investigator’s recommendation, the council must resolve not to adopt the recommendation and state in its resolution the reasons for its decision.

7.61 Where the council resolves not to adopt the investigator’s recommendation, the complaints coordinator must notify the Office of the council’s decision and the reasons for it.


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Part 8: Oversight and Rights of Review

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The Office’s powers of review8.1 The Office may, at any time, whether or

not in response to a request, review the consideration of a matter under a council’s code of conduct where it is concerned that a person has failed to comply with a requirement prescribed under these procedures or has misinterpreted or misapplied the standards of conduct prescribed under the code of conduct in their consideration of a matter.

8.2 The Office may direct any person, including the council, to defer taking further action in relation to a matter under consideration under the council’s code of conduct pending the completion of its review. Any person the subject of a direction must comply with the direction.

8.3 Where the Office undertakes a review of a matter under clause 8.1, it will notify the complaints coordinator and any other affected persons, of the outcome of the review.

Complaints about conduct reviewers8.4 The general manager or their delegate

must refer code of conduct complaints about conduct reviewers to the Office for its consideration.

8.5 The general manager must notify the complainant of the referral of their complaint about the conduct reviewer in writing.

8.6 The general manager must implement any recommendation made by the Office as a result of its consideration of a complaint about a conduct reviewer.

Practice rulings8.7 Where a respondent and an investigator

are in dispute over a requirement under these procedures, either person may make a request in writing to the Office to make a ruling on a question of procedure (a practice ruling).

8.8 Where the Office receives a request in writing for a practice ruling, the Office may provide notice in writing of its ruling and the reasons for it to the person who requested it and to the investigator, where that person is different.

8.9 Where the Office makes a practice ruling, all parties must comply with it.

8.10 The Office may decline to make a practice ruling. Where the Office declines to make a practice ruling, it will provide notice in writing of its decision and the reasons for it to the person who requested it and to the investigator, where that person is different.

Review of decisions to impose sanctions8.11 A person who is the subject of a sanction

imposed under Part 7 of these procedures other than one imposed under clause 7.58, paragraph (c), may, within 28 days of the sanction being imposed, seek a review of the investigator’s determination and recommendation by the Office.

8.12 A review under clause 8.11 may be sought on the following grounds:

a) that the investigator has failed to comply with a requirement under these procedures, or

b) that the investigator has misinterpreted or misapplied the standards of conduct prescribed under the code of conduct, or

c) that in imposing its sanction, the council has failed to comply with a requirement under these procedures.

Oversight and Rights of Review

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8.13 A request for a review made under clause 8.11 must be made in writing and must specify the grounds upon which the person believes the investigator or the council has erred.

8.14 The Office may decline to conduct a review, in cases where the grounds upon which the review is sought are not sufficiently specified.

8.15 The Office may undertake a review of a matter without receiving a request under clause 8.11.

8.16 The Office will undertake a review of the matter on the papers. However, the Office may request that the complaints coordinator provide such further information that the Office considers reasonably necessary for it to review the matter. The complaints coordinator must, as far as is reasonably practicable, provide the information requested by the Office.

8.17 Where a person requests a review under clause 8.11, the Office may direct the council to defer any action to implement a sanction. The council must comply with a direction to defer action by the Office.

8.18 The Office must notify the person who requested the review and the complaints coordinator of the outcome of the Office’s review in writing and the reasons for its decision. In doing so, the Office may comment on any other matters the Office considers to be relevant.

8.19 Where the Office considers that the investigator or the council has erred, the Office may recommend that a decision to impose a sanction under these procedures be reviewed. Where the Office recommends that the decision to impose a sanction be reviewed:

a) the complaints coordinator must, where practicable, arrange for the Office’s determination to be tabled at the next ordinary council meeting unless the meeting is to be held within the 4 weeks prior to an ordinary local government election, in which case it must be tabled at the first ordinary council meeting following the election, and

b) the council must:

i) review its decision to impose the sanction, and

ii) consider the Office’s recommendation in doing so, and

iii) resolve to either rescind or reaffirm its previous resolution in relation to the matter.

8.20 Where, having reviewed its previous decision in relation to a matter under clause 8.19(b), the council resolves to reaffirm its previous decision, the council must state in its resolution its reasons for doing so.

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Part 9: Procedural Irregularities

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Procedural Irregularities

9.1 A failure to comply with these procedures does not, on its own, constitute a breach of the code of conduct, except as may be otherwise specifically provided under the code of conduct.

9.2 A failure to comply with these procedures will not render a decision made in relation to a matter invalid where:

a) the non-compliance is isolated and/or minor in nature, or

b) reasonable steps are taken to correct the non-compliance, or

c) reasonable steps are taken to address the consequences of the non-compliance.

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Part 10: Practice Directions

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Practice Directions

10.1 The Office may at any time issue a practice direction in relation to the application of these procedures.

10.2 The Office will issue practice directions in writing, by circular to all councils.

10.3 All persons performing a function prescribed under these procedures must consider the Office’s practice directions when performing the function.

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Part 11: Reporting Statistics on Code of Conduct Complaints About Councillors and the General Manager

48 151

Reporting Statistics on Code of Conduct Complaints About Councillors and the General Manager

11.1 The complaints coordinator must arrange for the following statistics to be reported to the council within 3 months of the end of September of each year:

a) the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September (the reporting period)

b) the number of code of conduct complaints referred to a conduct reviewer during the reporting period

c) the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage during the reporting period and the outcome of those complaints

d) the number of code of conduct complaints investigated by a conduct reviewer during the reporting period

e) without identifying particular matters, the outcome of investigations completed under these procedures during the reporting period

f) the number of matters reviewed by the Office during the reporting period and, without identifying particular matters, the outcome of the reviews, and

g) the total cost of dealing with code of conduct complaints made about councillors and the general manager during the reporting period, including staff costs.

11.2 The council is to provide the Office with a report containing the statistics referred to in clause 11.1 within 3 months of the end of September of each year.

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Part 12: Confidentiality

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Confidentiality

12.1 Information about code of conduct complaints and the management and investigation of code of conduct complaints is to be treated as confidential and is not to be publicly disclosed except as may be otherwise specifically required or permitted under these procedures.

12.2 Where a complainant publicly discloses information on one or more occasions about a code of conduct complaint they have made or purported to make, the general manager or their delegate may, with the consent of the Office, determine that the complainant is to receive no further information about their complaint and any future code of conduct complaint they make or purport to make.

12.3 Prior to seeking the Office’s consent under clause 12.2, the general manager or their delegate must give the complainant written notice of their intention to seek the Office’s consent, invite them to make a written submission within a period of not less than 14 days specified by the general manager or their delegate, and consider any submission made by them.

12.4 In giving its consent under clause 12.2, the Office must consider any submission made by the complainant to the general manager or their delegate.

12.5 The general manager or their delegate must give written notice of a determination made under clause 12.2 to:

a) the complainant

b) the complaints coordinator

c) the Office, and

d) any other person the general manager or their delegate considers should be notified of the determination.

12.6 Any requirement under these procedures that a complainant is to be provided with information about a code of conduct complaint that they have made or purported to make, will not apply to a complainant the subject of a determination made by the general manager or their delegate under clause 12.2.

12.7 Clause 12.6 does not override any entitlement a person may have to access to council information under the Government Information (Public Access) Act 2009 or to receive information under the Public Interest Disclosures Act 1994 in relation to a complaint they have made.

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12.4 - 20/156 – DRAFT SERVICE PLAN – KRUGER HEALTH AND WELLNESS COMPLEX HARDEN Responsible Officer: Director Corporate

PURPOSE The purpose of this report is to present to Council the Draft Service Plan for the Kruger Health and Wellness Complex (the Complex) prepared in consultation with Australian General Practitioners Pty Ltd in accordance with the Licence Agreement executed on 14 February 2020.

RECOMMENDATION

That Council:

(a) Receives and notes the report; (b) Approves the table of Key Performance Metrics set out in this Report as the

minimum basis for the Service Plan for the year 14 February 2020 to 13 February 2021 inclusive; and

(c) Authorises the General Manager to Execute a Service Plan in terms of the Licence Agreement for the Kruger Health and Wellness Complex in accordance with this Resolution

REPORT/SUMMARY/BACKGROUND On 14 February 2020, following an abbreviated Tender process, Council executed a License Agreement for the operation of the Complex, situated purpose-built premises at 10 East Street Harden, as a general practitioner medical practice.

Integral to the License Agreement is the formation of a Service Plan between Council and the licensed medical practitioners operating the Complex to be evaluated and revised on an annual basis as a condition of the Licence.

The requirements for a Service Plan is set out in the following extract from the License Agreement:

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1. Service Plan

Service Plan

1.1 Within 6 months of the Commencing Date, the Licensee must prepare a document (Draft Service Plan) setting-out:

1.1.1 the strategy and objectives for primary healthcare services in the Harden–Murrumburrah township; and

1.1.2 qualitative and quantitative measures of the quality of primary healthcare services and the performance of the medical practice operated f rom the Licensed Area (Service Metrics).

1.2 The Licensee must submit the Draf t Service Plan to the Licensor for approval. The Licensor must either approve the Draf t Service Plan or provide such amendments reasonably required by the Licensor. On approval by the Licensor (with or without amendments), the Draf t Service Plan is the Service Plan.

1.3 The Licensee must review the Service Plan each Year (Revised Service Plan). The Licensee must submit the Revised Service Plan to the Licensor for approval. The Licensor must either approve the Revised Service Plan or provide such amendments reasonably required by the Licensor. On approval by the Licensor (with or without amendments), the Revised Service Plan is the Service Plan.

Delivering on the Service Plan

1.4 The Licensee must conduct the medical practice operated f rom the Licensed Area:

1.4.1 in a manner which is consistent with the Service Plan; and

1.4.2 using reasonable endeavours to meet or exceed the Service Metrics.

Reporting

1.5 The Licensee must provide to the Licensor:

1.5.1 a report setting out its performance against the Service Metrics at such f requencies specif ied in the Service Plan; and

1.5.2 within four months of each f inancial year, a f inancial report including:

(a) a statement of f inancial position of the Licensee at the end of the f inancial year;

(b) a statement of f inancial performance of the Licensee for the f inancial year; and

(c) a statement of cash f lows of the Licensee for the f inancial year; and

1.5.3 such other f inancial reporting as reasonably required by the Licensor f rom time-to-time.

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The Service Plan will rely on a straightforward set of documented Service Levels and Key Performance Indicators drawn from the original Tender Specification and which accordingly also form part of the conditions of contract on which the License Agreement was awarded in the first instance by Council. Council has proposed one addition to the original Service Levels and Key Performance Indicators provided for in the Tender Specification. The addition is the incorporation of quarterly community consultation with a suitably composed advisory group, convened by the doctors. Service Levels and Key Performance Indicators The monitoring of the contractor will focus on delivery of a high quality of service to the local community (focussed on important health outcomes) and give Council the capacity to assess the value of the service. The following table outlines important strategic issues that are proposed to form part of the contractor performance matrix to be reported under the Service Plan.

Accessibility Issue Metric Goal Measure

Appropriate opening hours Number of hours open and providing GP service per week

9am – 6 or 7pm (Mon‐Fri)

10am‐1pm (Saturday)

Actual opening hours (published)

Walk in patient access and provision of unscheduled or urgent GP service

Minimum number of urgent appointment gaps scheduled each day

Single urgent / walk in gaps rostered each hour for at least four hours of the day

Last hour of the clinic all urgent / walk‐up

Report urgent gaps in appointment diary (screen shot would be sufficient)

Relevance to local community

Attractiveness to community as primary health destination

Provide the primary health solution for the whole community

Number of new patients registered per year

Community Health Delivery Issue Metric Goal Measure

Medical support and service at local hospital

Number of hours medical support is provided to patients in the local hospital

On‐call cover between 5pm‐9am

Cover Roster; interview with Director of Nursing at hospital

Diversity of clinical skills Delivery of key General Practice services appropriate to community needs

Establish skill set and processes to provide:

Chronic Disease Management

Diabetes Management

Skin Checks

Mental Health

Clinic to report on policies and procedures, and key staff involved in providing these services

Support for local provision of Aboriginal Health Service

Number of hours an Aboriginal Health Worker is available on‐site or in the region

Recognition of Aboriginal Health Services in the region

Staff survey

Hours of Aboriginal Health Care Worker Attendance

Prioritisation of chronic and Complex Disease Management (CDM)

Delivery of coordinated approach to CDM

Aim for 8 hours per week for Registered Nurse, specifically to coordinate and facilitate CDM plans

Report on number of CDM patients billed per month

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Community Health Delivery Issue Metric Goal Measure

Collaboration with District Hospital and Community Health Service

Integrated service provision to the local community

Medical support for local programs; medical representation at local decision‐making level

Demonstrate collaboration on areas of priority

Quality of Care Issue Metric Goal Measure

Administration staff performance

What quality of service patients experience when accessing their primary health service

Positive report Annual survey of patients

Doctor performance What quality of care doctors give to their patients

Positive report Annual survey of patients

Level of training completed by doctors provide service

Amount of VR GP care available to the community

VR doctor onsite at Kruger Medical at all hours of operation

Annual report of medical staff roster and doctor credentials

Longevity of doctors at Kruger Medical Centre

Number of years of service to local community

Aim for mean duration of tenure at Kruger Medical to increase past 3 years at end of 5‐year licence

Annual calculation of number of mean years’ local service for doctors – proportional to hours worked M‐F 9am‐5pm in typical week

Financial Stability and Performance Issue Metric Goal Measure

Financial Stability of Practice Financial Position

Financial Performance

Sustainable Financial Position Positive Operating results, Liquidity.

Annual financial reports

Community and Council Engagement Issue Metric Goal Measure

Engagement with Council & Community

Consultation Group (advisory only) including, among others, one Hilltops Councillor and one representative from the Harden Regional Development Corporation

Quarterly meetings Minutes of meetings and reports on outcomes


Local Government Act 1993 Local Government (General) Regulation 2005 Hilltops Council Procurement Policy

COMMUNITY STRATEGIC PLAN LINKAGE 1.1.2 Advocate for the provision of equitable access to whole of life medical and

ancillary facilities and services 1.1.3 Encourage retention of medical practitioners FINANCIAL IMPLICATIONS Rental on Premises

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RISK IMPLICATIONS Risk to continuity of Services at Kruger Medical Centre Harden and Harden

Hospital and other Aged Care and nursing Home facilities in the region Reputational Risk to Council

CONSULTATION AND TIMING

Australian General Practitioners Pty Ltd Councillors Harden Regional Development Corporation

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12.5 - 20/157 – MEMORANDUM OF UNDERSTANDING (VARIETY – THE CHILDREN’S CHARITY NSW/ACT) Responsible Officer: Director Corporate

PURPOSE The purpose of this report is to seek endorsement from Council to extend the term of the Memorandum of Understanding (MOU) with Variety – The Children’s Charity NSW/ACT (Variety) by mutual consent of the parties. This Memorandum was entered into for the purposes of the Tresillian Park Inclusive Playground project (Project).

RECOMMENDATION

That Council:

(a) Receive and note the report; (b) Endorse the extension by mutual consent of the Memorandum of Understanding

with Variety – The Children’s Charity NSW/ACT until the earlier of: i. 30 June 2021; orii. Project Completion;

(c) Authorise the General Manager to liaise with Variety – The Children’s Charity NSW/ACT to formalise the extension of the Memorandum of Understanding.

REPORT/SUMMARY/BACKGROUND Council received a report to its May 2020 Ordinary Meeting regarding the Design and Construction of an Inclusive Playground in Young (Project Update). This report included a brief overview of the MOU between Council and Variety.

This report seeks to expand on the information presented to Council’s May 2020 Ordinary Meeting and further inform the recommendation as presented.

MOU - History Variety Livvi’s Places are inclusive, all ages playgrounds, designed in accordance with the NSW Everyone Can Play Guidelines and relevant Australian Standards such as AS4685.01:2017 (Playground equipment and surfacing). The initiative for these playgrounds was founded by the Touched by Olivia Foundation in 2006 which has since merged with Variety.

Council entered into a MOU, provided as Attachment 1, in September 2018 with Variety NSW to establish an inclusive playspace at Tresillian Park, Young. Under this MOU, this inclusive playground, once built, will be known as a ‘Variety Livvi’s Place’.

Following the execution of the MOU, subsequent negotiations occurred where it was agreed that Variety would deliver the following, for the token fee of $1:

Attendance at Project Control Group’s in line with the MOU; Review of tender documentation to engage playground designer/construction

contractor; Attendance at project inception meeting and design development meeting; Review of Concept and ‘For Construction’ design documentation within five (5)

business days of receiving the information from Council; Attendance at project progress meetings (via teleconference); Assistance with drafting grant funding applications (as required); and Provision of branding for ‘Variety Livvi’s Place’ playground, including all signage.

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These changes aligned with the MOU and the above was formalised via correspondence, included within Attachment 1. Memorandum of Understanding – Current The purpose of the MOU is to enable to delivery of the Tresillian Park Inclusive Playground by Council with the support of Variety through the provision of independent guidance and services. This MOU formally:

establishes the Project Control Group (consisting of Councillors, Staff, Variety Staff and a Community Driver);

defines the services and assistance provided by Variety (provided above); and outlines project governance measures and controls.

The benefits to Council in extending this MOU in summary, include:

leveraging industry knowledge to deliver a unique and valuable community asset;

creation of a unique Project Control Group (including Community Drivers) to increase stakeholder engagement;

continuing the Project Control Group (PCG) to add an additional level of oversight for the delivery of the Project;

additional state and interstate marketing and promotion of the playground by Variety and numerous other sources under the ‘Variety Livvi’s Place’ banner;

Provision of branding and all associated signage; and Assistance is drafting additional grant funding applications.

While the success of this project is not pivotal on the continuation of this MOU. Council should consider the advantages in the additional support, stakeholder engagement and long-term promotion and marketing opportunities associated with this MOU. ATTACHMENTS: Attachment 1 – Memorandum of Understanding, as amended. COMMUNITY STRATEGIC PLAN LINKAGE Relevant CSP Linkages are: Objective 1 – A safe and heathy community

o Strategy 1.1 – Support networks, programs and facilities that promote health and wellbeing, and encourage healthy lifestyles; and

o Strategy 1.5 – Encourage the development of facilities and services to assist the vulnerable, aged populations and those with disabilities.

FINANCIAL IMPLICATIONS Council, in accordance with the MOU, as amended, is required to provide a fee of $1 (incl. GST) to Variety for services outlined within the MOU. Variety is responsible for all costs associated with delivering these services, including all expenses associated with travel to attend meetings.

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RISK IMPLICATIONS The following risks implications have been identified: Limited community and industry engagement when delivering the Project

resulting a failure to meet expectations of the wider community. Reduced promotional, marketing and tourism opportunities associated with the

playground due to ceasing relationship with well-known brand ‘Livvi’s Place’. Reduce public confidence in civic leadership and reputation damage due to

failure to continue partnership with Variety until project completion. CONSULTATION AND TIMING Councillors received notification of the expiry of this MOU via the Councillor Newsletter (week ending 7 August 2020).

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Attachment 1 – Memorandum of Understanding, as amended

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Attachment 1 – Agreement with Variety, Touched by Olivia

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Should you have any question with regards to this letter, please do not hesitate to contact myself or Kaleigh Smerdon.

Kind Regards

John Osland

- .. ---~ · --~ Director of Infrastructure

I, David Sexton, acting within my role and the delegations of Chief Executive officer for Variety - the Children's Charity {ABN 38 003 354 934) agree t o deliver the scope of services outlined in this letter for the fee agreed in this letter. Any playground constructed as a result of this will bea r t he branding "Variety liwi's Place". The conditions for t hese services will substantially align with those contained

in the Memorandum of Understanding signed September 2018.

Name: David Sexton Position: CEO

Date: l o /1 { 14

In presence of:

Name:

Date:

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12.6 - 20/158 – PRIVATE WEEDS WORKS Responsible Officer: Director Corporate

PURPOSE The purpose of this report is to provide a summary of the merits of recommencing private weeds control works by Hilltops Council staff, as required by resolution of Council from the ordinary meeting 22 July 2020.

RECOMMENDATION

That Council:

(a) Receives and notes the report.

REPORT/SUMMARY/BACKGROUND Resolution 20/172 from the Council meeting held on 22 July 2020 required that Council:

“(a) Receive a report at the 26 August 2020, Hilltops Council Ordinary Meeting on the merit of recommencing private weed control works”.

For the purposes of this report, “private weed control works” is assumed to mean weed control works carried out on a non-recurrent contract basis for private commercial and domestic rural and regional landholders within the Hilltops Local Government Area. “Private weed control works” does not include weed control works carried out on behalf of other Government Agencies and Authorities of the kind carried out by the former Southern Slopes Noxious Weeds Authority on behalf of member councils.

The term “merit” for the purposes of this report means: The quality of being particularly good or worthy; a good feature or point. Accordingly, this report canvasses what advantages may be available to Council in the intermediate future from the recommencement of private weed control works as outlined above. This report is not intended to constitute a “business case” or “recommendation” for the recommencement of private weed control works by Council.

Current Weeds Control Workload Council currently employs two full-time Biosecurity and Weeds Inspectors whose role is wholly compliance and educational in nature and not allocated to weeds control works. As Councillors will be aware, it is an important element of the Bio Security and Weeds Inspectors’ work that they maintain independence in their regulatory functions from any commercial or internal weed spraying activity that Council may choose to carry out.

In addition, Council conducts a substantial program of vegetation control primarily along Council’s road corridor network utilising one staff member largely dedicated to weed spraying work and approximately four permanent and one casual staff members diverted from general labouring and plant operations activities within the roads program. It is difficult to accurately ascertain the extent to which this work is attributable to noxious plant control specifically and the extent to which it is attributable to the control of other (non-noxious) vegetation in the road corridor is generally.

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In terms of budgetary allocation for noxious plant control, there is currently no identified excess capacity of staff resources available in the Hilltops Council budget for 2020 – 2021 which could readily service private weed control works. Accordingly to accommodate additional private weed control works of any substantial commercial volume, Council may have to consider the diversion of resources from other programs, the recruitment of appropriately skilled and qualified staff or the engagement contractors to carry out such work. Current Plant and Equipment Council has current weed spraying plant and equipment in its fleet register:

Biosecurity and Weeds Inspector Vehicles 2 x Toyota Hilux Dual Cab 2 x Honda Pioneer SXS500 Utility Vehicle and Plant Trailer

Weed Spraying Vehicles 3 x Toyota Land Cruiser utility with Quick Spray Unit 1 x Toyota Land Cruiser utility (escort vehicle only) 1 x Honda Pioneer SXS500 Utility Vehicle and Plant Trailer Kubota utility with Quick Spray Unit and Plant Trailer

Other Equipment Drone Personal Protective Equipment

Market Competitiveness Without detailed consideration of the full range of services in the market, considering the simplest case of two operators in a suitably equipped single spray vehicle, where quotes were obtained by the author in the range of $140 per hour ex GST plus chemicals, the following simple costings illustrate that Council may be able to compete successfully provided that it could achieve a critical mass of demand for private works.

Operator CostEntry Level Salary 24.45 Oncosts 11.74 Hourly Cost 36.19 Operators x 2 72.38

Plant CostLandcruiser Hire 35.00 QuickSpray Unit 15.00

50.00

122.38

Council Risk Margin (profit)20% 24.48

Required hourly charge 146.86

The risk versus return proposition to be carefully managed is to understand the level of demand there is in the market for which Council may be able to realistically compete and recover the costs of any additional labour or contract resources that it may choose commit. Council cannot afford any loss-making enterprise in the current budgetary climate.

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Summary Council has been able to take on limited opportunities to carry out private works or additional works when access to grant funds becomes available from time to time to utilise its available plant and human resources capacity more fully for weed spraying work. This would appear to be an appropriate model in contrast to the former Southern Slopes Noxious Plant Authority model - where that enterprise had access to contracted private works “on tap” from the member councils. There is potential merit for Hilltops Council in carrying out limited scope private weed control works that will more fully utilise its very limited available operational plant and staff resources. The risks of overinvestment in plant and overallocation of staff can be readily contained within those constraints. It would be advisable for any proposed increased scale of private works beyond the very marginal to be supported by a very well researched business and marketing case. The private market may be better positioned to meet any perceived gap beyond Council’s existing capacity. POLICY AND LEGISLATION

Local Government Act Local Government (General) Regulation Biosecurity Act 2015 Biosecurity Regulation 2017 Pesticides Act 1999 Pesticides Regulation 2017

COMMUNITY STRATEGIC PLAN LINKAGE 2.1.3.1.3 Control and manage the biosecurity risks and impacts posed by priority

weeds to the economy and environment of the Hilltops region

FINANCIAL IMPLICATIONS Return on investment to be determined in business case. RISK IMPLICATIONS Risks of over-commitment of staff and/or capital to private works weed spraying activities and then yielding lower than expected revenue returns against the wages and capital expenditure committed. CONSULTATION AND TIMING Council Staff

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12.7 – 20/159 – DEVELOPMENT APPLICATION STATISTICS FOR JULY 2020 Responsible Officer: Acting Director Planning

PURPOSE The purpose of this report is to provide information on the status of Development Applications and Complying Development Certificates for the month ending July 2020.

RECOMMENDATION

That Council:

(a) receive the status reports for Development Applications and Complying Development Certificates, month ending July 2020 for information only.

REPORT/SUMMARY/BACKGROUND The data snapshot provided in Attachment 1 outlines the status and processing time of Development Applications (DA’s) and Complying Development Certificates (CDC’s) for the month July 2020. The figures provided indicated that at the end of the reporting period;

18 applications were approved under delegated authority 2 applications were approved by Council 63 applications were undetermined (32 applications awaiting information from

applicants) The net average processing time was 39 days; and The median processing time was 21 days

It should be noted that these figures are a monthly average and may not include mandated referral times. Also, when reviewing the timeframes, consideration must be applied where the applicant has requested additional time to resolve matters for an improved outcome, resolving matters with external agencies or where the additional information sought requires specialised skills and reporting. Therefore, the above is not necessarily a true indication of DA timeframes.

For CDC’s, they are not included in the progressing figures, as they have a fast track timeframe as prescribed by legislation. Council is still required to process and administer these applications.

Applications received by Council has for the month of July 2020 is 29 compared to the June application received being 26. In addition, Council processed 399 Planning Certificates between 1 January 2020 to the 31 July 2020.

ATTACHMENTS: Attachment 1 - DA status report Attachment 2 - CDC status report

POLICY AND LEGISLATION This report is for information only and there are no policy implications arising from this report. Council is required to provide Development Application data to the NSW Department Planning Industry and Environment (DPIE) by 31 July each year.

The Data identifies all development applications and complying development certificates determined by Council.

This data provided for information, helps in compiling the data to send to the department.

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COMMUNITY STRATEGIC PLAN LINKAGE This report aligns with Hilltops Council Operational Plan: 3. Plan and lead with good governance 3.1 Undertake Council activity within a clear framework of legislative compliance,

strategic planning, policies, risk management, procedures and service standards 3.2 Make decisions in a transparent and accountable manner for the benefit of the

community Operation Plan Service Outputs: 5.1.5 Develop Partnerships with Business, industry and agriculture leaders 5.1.5.1 Engage and educate industry and community on development processes, roles

and outcomes 5.1.5.1.3 Report on development activity and performance FINANCIAL IMPLICATIONS This report is for information only and there are no financial implications arising from this report. RISK IMPLICATIONS This report is for information only and there are no risks associated with this report. CONSULTATION AND TIMING This report is for information only and no consultation was required to prepare this report. The statistical report will be made available on Council website for month end.

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ATTACHMENT 1 – DEVELOPMENT APPLICATIONS

DA Number Date lodged Applicant Site address Works Status Clock

Stopped (days)

External referrals

Date Determined

Processing time (days,

excluding 2 administration

days)

2017/DA-00190 11/6/2017 Mr W J

Chapman

Crown road, off Bribbaree Road, Maimuru

Infrastructure - Construction of access road

Under assessment 228 763

2018/DA-00014 1/25/2018

CPC Land Development Consultants

81 Isaacs Road, Young Subdivision - 24 lots

Clock stopped 771 147

2018/DA-00105 7/6/2018


161 Henry Lawson Way, Young

Subdivision (residential) - 17 lots and new road

Clock stopped 728 RMS - 26 27

2018/DA-00132 8/22/2018

Brenton Smythe

604 Milvale Road, Burrangong Earthworks


2018/DA-00144 9/10/2018


46 Curtis Place, Young

Subdivision (residential) - 2 lots


2019/DA-00009 1/29/2019 P Magee 17 Scott Street, Boorowa Dwelling (new)


2019/DA-00014

2/13/2019

CPC Land Development Consultants Pty Ltd

28 Nasmyth Street, Young

Subdivision - residential (8 lots)

Clock stopped 478

NRAR - 61 56

T2019/013

6/5/2019

E Prater

Sir George Tavern, Riverside Drive, Jugiong

Commercial (Change of use) - bakery Under

assessment 394 32

2019/DA-00107 8/19/2019

CPC Land Development Consultants Pty Ltd

1 Curtis Place, Young Subdivision - 3 lots

Clock Stopped 280

67


Stopped (days)

External referrals

Date Determined



days)

2010/DA-00133 REV02 8/29/2019

Enviroganic Farm Pty Ltd

Waihemo Road, Murringo

Modification (poultry farm) - change shed configuration


2014/DA-00099 REV01 8/29/2019

Enviroganic Farm Pty Ltd

Waihemo Road, Murringo

Modification (poultry farm) - amend staging of development

Clock stopped 229

107

DA2019/0031 10/24/2019

CPC Land Developments Pty Ltd

259 Scenic Rd, YOUNG NSW 2594

Subdivision (3 lots) Clock Stopped 262 12

DA2019/0037 11/4/2019 Hilltops Council

Tarrants Gap Rd, Reids Flat, NSW 2586

Staged development: Stage 1: Establishment of waste transfer station; and Stage 2: Closure of Existing landfill site

Clock Stopped 253 RMS -32 15

DA2020/0003 1/7/2020 J MORGAN

5 Whiteman Ave YOUNG NSW 2594 Secondary Dwelling Approved 115 7/22/2020 83

DA2020/0005 1/17/2020 E BEVERIDGE

658 Eulie Rd HARDEN NSW 2587

Intensive Livestock Agriculture (2,200 sow pig farm consisting of a breeder site with 5 sheds and a grower site with 16 sheds) and associated ancillary infrastructure, farm buildings, office, tree removal and electricity generating works.

Under assessment 158

DPIE -193

EPA -193 OEH -193

TfNSW - 22

NRAR -71 26


Stopped (days)

External referrals

Date Determined



days)

DA2020/0010 1/17/2020 ANDYS DESIGN & DRAFTING

37 Crescent St KOORAWATHA NSW 2807

Dwelling House (conversion of prefabricated building)


DA2020/0017 1/30/2020 C S MCCORKINDALE

1350 Kingsvale Rd YOUNG NSW

Water storage facility (0.96ML retention dam) Approved 7/27/2020 177

DA2020/0020 2/3/2020 D J MELLROSS

942 Olympic Hwy North YOUNG NSW

Recreational Facility (Motocross and Supercross Training)


DA2020/0031 2/13/2020 C SAKER

Kalangan St GALONG NSW 2585 Dwelling house Approved 96 7/28/2020 61

DA2020/0041 2/26/2020 M COLMAN

890 Jerrybang Lane MONTEAGLE NSW 2594

Mixed Use Development (Agricultural Produce Industry and Function Centre)


DA2020/0053 3/11/2020

HARDEN COUNTRY CLUB LTD

COUNTRY CLUB East St HARDEN NSW 2587

Demolition of squash courts and clubhouse and erection of new clubhouse and ancillary green, access and parking areas.



Stopped (days)

External referrals

Date Determined



days)

DA2020/0055 3/16/2020 GRAMADAH PTY LTD

Bendick Murrell Rd BENDICK MURRELL NSW 2803 Dwelling House Approved 113 7/30/2020 21

DA2020/0056 3/16/2020 GRAMADAH PTY LTD

52 Bendick Murrell Rd BENDICK MURRELL NSW 2803 Boundary Adjustment Refused 64 7/31/2020 10

DA2020/0062 4/1/2020 Graymont (NSW) Pty Ltd

342 Eubindal Rd GALONG NSW 2585

Installation of temporary demountables

Clock stopped 118 1

DA2020/0078 4/22/2020

A D TANNER CONSTRUCTIONS PTY LTD

29 Murringo St YOUNG NSW 2594

Subdivision (3 lots), erection of attached dwellings and demolition of outbuildings Approved 21 66

DA2020/0079 4/23/2020 P J DUNK

61 Fontenoy St YOUNG NSW 2594 Dwelling House Approved 7 7/15/2020 74

DA2020/0081 4/27/2020

TAYLOR MADE BUILDINGS PTY LTD

3691 Olympic Hwy WOMBAT NSW 2587 Dwelling House

Clock stopped 85 8

2018/DA-00163.1 5/12/2020 K J DANIELS

77 Horseferry Rd WIRRIMAH NSW 2803

Dwelling House (MODIFICATION amend dwelling layout and design) Approved 7/3/2020 50


Stopped (days)

External referrals

Date Determined



days)

2019/DA-00038.1 5/28/2020 H T OXENHAM

5-7 Little St BOOROWA NSW 2586

Dwelling House (MODIFICATION amend dwelling roof design) Approved 7/27/2020 58

2019/DA-00067.1 5/28/2020

CPC LAND DEVELOPMENT CONSULTANTS PTY LTD

12-18 Petticoat Lane YOUNG NSW 2594

Subdivision (MODIFICATION to retain existing on-site sewerage facility) Approved 7/20/2020 51

2019/DA-00071.1 5/12/2020

CRUTCHER DEVELOPMENTS PTY LTD

288 Boorowa St YOUNG NSW 2594

Commercial Premises (MODIFICATION for signage, parking and plant) Approved 24 7/27/2020 32

DA2020/0084 5/1/2020 Windridge Farms Pty Ltd

3083 Moppity Rd YOUNG NSW 2594

Pig Farm - replacement of 3 pig sheds with conventional pig sheds


DA2020/0088 5/5/2020


140 Commons Rd YOUNG NSW 2594 Subdivision (2 lots)

Clock stopped 76 9

DA2020/0089 5/5/2020 C T JACKSON

20 Telegraph Rd YOUNG NSW 2594

Earthworks for farm building

Clock stopped 76 9

DA2020/0091 5/12/2020 M BURGESS

11 Matilda Pl YOUNG NSW 2594

Residential Alterations and Additions

Clock stopped 73 5

DA2020/0093 5/12/2020


COMMON VIEW 100 Batinichs Rd YOUNG Subdivision (2 lots)

Clock stopped 73 7


Stopped (days)

External referrals

Date Determined



days)

DA2020/0096 5/26/2020 C ARMSTRONG

10 Nuthall Cres YOUNG NSW 2594

Storage shed, retaining wall, deck and tree removal Approved 29 7/13/2020 13

DA2020/0099 5/27/2020


KAMALA 423 Back Creek Rd YOUNG Subdivision (3 lots)

Clock stopped 24 EE-15 2

DA2020/0104 6/2/2020 M J LAMB

105 Bourkes Lane YOUNG NSW 2594

Dwelling alterations and additions Approved 7/16/2020 42

2018/DA-00155.1 6/24/2020 L M SELL

1293 Scenic Rd MONTEAGLE NSW

Dwelling (MODIFICATION to amend design and entry ramp)

Under assessment 34

2019/DA-00086.1 6/24/2020 TINBANA PTY LTD

297 Alloway Rd BOOROWA NSW 2586

Subdivision (MODIFICATION to amend road design)

Under assessment 35

2019/DA-00103.1 6/4/2020 P Johnson

25 Marsden St BOOROWA NSW 2586

Café (MODIFICATION to amend awning, roof, car parking and access) Approved 26 7/20/2020 20

2019/DA-00103.2 6/4/2020 P Johnson

25 Marsden St BOOROWA NSW 2586

Café (MODIFICATION for gravel parking)


DA2020/0063.01 6/10/2020

BRIBBAREE SHOWGROUND TRUST

31 Showground Rd BRIBBAREE NSW 2594

Amenity Block (MODIFICATION amend approved layout) Approved 7/9/2020 27

DA2020/0105 6/2/2020 H ARJA2

Nasmyth St YOUNG NSW 2594

Subdivision (2 lots) and semi-detached dwellings

Clock stopped 56 1


Stopped (days)

External referrals

Date Determined



days)

DA2020/0106 6/2/2020 M D RICKETTS

20 Glenrowan Rd YOUNG NSW 2594 Storage shed Notified 57

DA2020/0111 6/5/20 S R GAY

80 Farm St BOOROWA NSW 2586 Subdivision (2 lots) Approved 7/30/2020 54

DA2020/0112 6/9/20 A KALLA

1350 Scenic Rd MONTEAGLE NSW 2594 Dwelling Approved 28 7/29/2020 22

DA2020/0113 6/10/20 G R SYMONS

101 Binalong St HARDEN NSW 2587 Storage Shed Approved 9 7/2/2020 11

DA2020/0114 6/10/20 C S WHITE

45 Rockdale Rd YOUNG NSW 2594

Depot (outdoor storage)

Under assessment 49

DA2020/0117 6/15/20 W R VELLA

18/3A Miro St YOUNG NSW 2594 Dwelling

Clock stopped 31 2

DA2020/0118 6/15/20 B MATTHEWS

35 Mcdonells Rd YOUNG NSW 2594

Recreational Facility additions (Stables, Storage Room and awning)

Under assessment 33

DA2020/0119 6/19/20 M W JOHNSON

2 Cram Ave YOUNG NSW 2594 Storage Shed Approved 7/16/2020 18

DA2020/0122 6/24/20 MOLLOY SUPER PTY LTD

2 Rockdale Rd YOUNG NSW 2594

Business Park (8 general industry units) and associated works

Clock stopped 2 33

DA2020/0123 6/24/20 P KUMAR

4 Warrangong St KOORAWATHA NSW 2807 Dwelling house

Clock stopped 36 1


Stopped (days)

External referrals

Date Determined



days)

DA127/05 6/25/20


Kenyu Rd BOOROWA NSW 2586

Subdivision (Modification to allow staging)

Approved

7 7/30/2020 33

DA2020/0127 6/26/20 A FLAKUS

1511 Geegullalong Rd MURRINGO NSW 2586 Dwelling

Under assessment

33

DA2020/0128 6/26/20


27 Willawong St YOUNG NSW 2594 Subdivision (2 lots)

Clock stopped

7 26

DA2020/0129 6/29/20 K Heckenberg

158 Willawong St YOUNG NSW 2594

Outbuildings (garage, workshop and storage)

Under assessment

9 22

2019/DA-00047.1 7/8/2020 S BAKRI

62 Briggs St YOUNG NSW 2594

Carport (MODIFICATION amend posts location)

Approved

7/16/2020 5

DA2020/0130 7/1/2020 WADE ANTHONY OF CPC

18 Ewens St BENDICK MURRELL NSW 2803 Subdivision (2 lots)

Clock stopped

23 5

DA2020/0131 7/2/2020 ABC STEEL & SHEDS

621 Jerrybang Lane MONTEAGLE NSW 2594 Farm Shed

Under assessment

2 27

DA2020/0132 7/2/2020 S G Brown

70 Blackett Ave YOUNG NSW 2594 Storage shed

Approved

6 7/9/2020 1


Stopped (days)

External referrals

Date Determined



days)

DA2020/0133 7/3/2020 WADE ANTHONY OF CPC

5 Giugni Pl YOUNG NSW 2594 Subdivision (7 lots)

Clock stopped

15

DA2020/0134 7/8/2020 D J P HOUSTON

1945 Kingsvale Rd YOUNG NSW 2594 Dwelling

Clock stopped

1 20

DA2020/0135 7/8/2020 W C R FOGG

16 Burrangong St MURRINGO NSW 2586

Moveable dwelling and carport

Clock stopped

15 1

DA2020/0137 7/8/2020 J F JOWITT

47 Ballyryan Rd BOOROWA NSW 2586

Dust collector housing

Under assessment

21

DA2020/0138 7/9/2020 A J D Ritchie

157 Neill St HARDEN NSW 2587 Storage shed

Under assessment

20

DA2020/0139 7/9/2020 S J TOMLINSON

6 Lynch St YOUNG NSW 2594 Storage shed

Under assessment

16 4

DA2020/0140 7/13/2020 A J CALDWELL

1645 Berthong Rd BERTHONG NSW 2594 Dwelling additions

Under assessment

6 10

DA2020/0141 7/13/2020 M E Smith,

97 Tierneys Rd YOUNG NSW 2594 Secondary dwelling

Under assessment

16

DA2020/0142 7/14/2020 A HOAD

843 Kingsvale Rd KINGSVALE NSW 2594 Dwelling

Clock stopped

16 1

DA2020/0143 7/14/2020 SBM PLANNING

341 Boorowa St YOUNG NSW 2594

Veterinary hospital alterations and additions

Under assessment

15


Stopped (days)

External referrals

Date Determined



days)

DA2020/0144 7/14/2020 G C SANDERSON

292 Albury St HARDEN NSW 2587

Demolition of shed/ workshop

Clock stopped

3 12

DA2020/0145 7/15/2020 N A BUCK

82 Kabardin Lane YOUNG NSW 2594 Awning

Under assessment

14

DA2020/0146 7/16/2020 W J Adams

51 Bobbara St HARDEN NSW 2587 Outbuilding

Notified

13

DA2020/0149 7/21/2020 M B SULTANA

181 Cowra St KOORAWATHA NSW 2807 Moveable dwelling

Notified

8

DA2020/0150 7/21/2020 G J THORP

2 Old Temora Rd YOUNG NSW 2594

Depot and resource recovery facility

Notified

3 5

DA2020/0151 7/22/2020 T M GALVIN

20 Parnell St BOOROWA NSW 2586 Dwelling additions

Notified

7

DA2020/0152 7/23/2020 P M MORAN,

Killara 2366 Moppity Rd BARWANG NSW 2587 Outbuilding

Under assessment

6

DA2020/0153 7/24/2020 B CAMPBELL

10 Apps Lane YOUNG NSW 2594 Dwelling

Under assessment

DPIE-2 5

DA2020/0154 7/28/2020 RURAL FIRE SERVICES

3 Monteagle Stock Rte West MONTEAGLE NSW 2594 RFS Station Addition

Clock stopped

2 1


Stopped (days)

External referrals

Date Determined



days)

DA2020/0155 7/28/2020 C CICCARELLI

59 Thornell Rd YOUNG NSW 2594 Dwelling additions

Under assessment

1

DA2020/0156 7/28/2020 RURAL FIRE SERVICES

19 Rose St WOMBAT NSW 2587 RFS Station Alterations

Under assessment

1

DA2020/0157 7/29/2020 P A QUINN

78 Wombat St YOUNG NSW 2594

Storage shed (MODIFICATION amend location)

Under assessment

1

ATTACHMENT 2 – COMPLYING DEVELOPMENT CERTIFICATES

Certificate No. Date lodged Applicant

Site address Works Status of determination Date issued

Processing time (days, excluding 2 administration days)

CDC2020/0007 7/20/2020

A PRODAN 2 Short St KOORAWATHA NSW 2807 Dwelling

Under assessment 9

CDC2020/0008 7/29/2020

H P Gay 51 Marsden St BOOROWA NSW 2586 Garage

Under assessment 1



12.8 - 20/160 – REQUEST TO WAIVE MONTEAGLE RFS BRIGADE STATION EXTENSION DEVELOPMENT APPLICATION FEES Responsible Officer: Acting Director Planning

PURPOSE The purpose of this report is for Council to consider the request to waive development application fees for the Monteagle RFS brigade station extension.

RECOMMENDATION

That Council:

(a) Not waive development application fees, construction certificate fees and occupation certificate fees associated with development application DA2020/0154.

REPORT Council has received a development application for alterations and additions to the Monteagle RFS brigade station. At the time the application was submitted to Council, the applicant requested that the fees be waived. A copy of the letter requesting the development application fees be waived is provided in Attachment 1 of this report.

In addition, a construction certificate and occupation certificate is to be obtained for the development. The total application fees for the development are $796.00 and consist of the following:

Development Application $230.00 Construction Certificate $401.00 Occupation Certificate $165.00

Council does not have a policy for the waiving of application fees. Further, no request has been made for financial assistance under Council’s programs. On this basis, it is recommended that Council not support the request for waiving of development application fees.

ATTACHMENTS: Attachment 1 - Letter requesting development application fees be waived.

POLICY AND LEGISLATION Council does not have a policy for the waiving of application fees. Council assists not for profit organisations financially under Section 356 of the Local Government Act 1993 as part of its financial assistance programs.

COMMUNITY STRATEGIC PLAN LINKAGE CSP 1. Loving where we live – a safe and healthy community

FINANCIAL IMPLICATIONS The current application fee for the development is $769.00. The fees are set by legislation and do not reflect the true cost of the assessment carried out by Council.

RISK IMPLICATIONS The waiving of fees for community service development may set a precedence within the community.

CONSULTATION AND TIMING Council will advise the Rural Fire Services on the outcome of the resolution.

184



Attachment 1 - Letter requesting development application fees be waived.

185



12.9 - 20/161 – 2019/DA-00103.2 MODIFICATION – DRIVEWAY AND CARPARK SEAL, 25 MARSDEN STREET, BOOROWA Reference: File No. 2019/DA-00103.2 Responsible Officer: Acting Director Planning

PURPOSE The purpose of this report is for Council to consider a development modification (2019/DA-00103.2) to amend Condition 54 to allow the change of road base of access driveway and carpark from fully sealed to partially sealed.

The original development consent No.2019/DA-00103 was granted by Hilltops Council on 13 November 2019 for a change of land use to a Mixed Use development comprising of a retail premises and a food and drink outlet (café), as well as demolition works of a dilapidated skillion awning.

The applicant has requested a variation to the Boorowa Development Control Plan 2013 Section 2.4 Commercial, Business and Retail and Section 3.1 Car parking and vehicle access, the modification application is required to be determined by Council rather than delegated authority in accordance with Section 1.1.7 of the DCP.

This report recommends that the application be approved.

RECOMMENDATION

That Council:

(a) Grant consent to Development Application Modification No. 2019/DA-00103.2, generally in accordance with amended conditions of consent in Attachment 1.

REPORT

1. BackgroundThe applicant seeks an amendment to the original Development Consent No. 2019/DA-00103 that was granted by Hilltops Council on 13 November 2019. The approved application is for change of land use to a Mixed Use development comprising of a Retail Premises and a Food and Drink Outlet (café) as well as demolition works of a dilapidated skillion awning.

The development includes the following: a. Replacement of skillion awning at the rear of the existing butchers shop building:b. Construction of new unisex amenities structure under the awning at the rear of

the building:c. Creation of a new opening on the southern external wall and a landing to

provide disabled access to the existing shop’d. Staff car parking at the rear of the premises for (4) staff car parks;e. One (1) disabled access car park at the rear of the premises; andf. Replacement signage

2019/DA-00103 was modified by 2019/DA-00103.1 which amended the staging of the development, as well as the roof pitch of the outdoor eating area, car park configuration and typographical errors on the consent.

186



2. Site and Surrounds The subject site is located at 25 Marsden Street Boorowa, being the site of the old butcher shop ‘Moppity Meats’ in the central business precinct, now a vacant building. Refer to Figures 1 and 2 below for further location detail. The frontage of the site has been upgraded by the former Boorowa Shire Council into a paved walkway with an adjacent pedestrian crossing. Surrounding land uses consist of a range of commercial activities being retail sales, cafes and other contributory businesses of a similar heritage character. It is noted the former butcher shop is to be retained in accordance with the existing Development Consent over the site, and no changes are proposed to the butcher shop as part of this modification application. Figure 1

187



Figure 2

3. The Proposal The applicant has proposed a modification to Condition 54 of 2019/DA-0013 to allow the driveway and car parking area to be of a compacted road base material in order to increase the permeability and address stormwater management issues identified on site. The applicant has sought a variation to the Boorowa Development Control Plan 2013 Section 2.4 Commercial, business and retail development and Section 3.1 Car Parking and Vehicle Access. The applicant has sought an amendment to the driveway and parking seal, as per the plan in Attachment 2, as the applicant has undertaken additional stormwater design investigations to implement a ‘self-contained’ system which requires a level of additional permeability from the car park surface. Council’s water and sewer engineer has advised stormwater from the subject site can be managed to a level that is compliant with Council standards following the modification. Referral responses from Transport NSW and Council Development Engineer, determined to allow the car park and manoeuvring area to be constructed from compacted road base to allow the requested permeable surface, and the driveway measured to the rear of the building to be sealed as per the original requirements. In addition, the disabled access car parking space within the car parking area is to be sealed to the path of travel ensuring sealed access to the development.

188



ATTACHMENTS: Attachment 1 - Schedule of proposed additional or amended conditions of

development consent Attachment 2 - 2019.DA-00103.2, Plan for Information Purposes POLICY AND LEGISLATION 4. Section 4.55 Evaluation Matters and Merit Assessment A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if: (a) it is satisfied that the proposed modification is of minimal environmental impact,

and

Comment: The proposed modification being for a proposed change in the material of seal of the driveway and car park area would result in minimal environmental impact, the environmental impact having been assessed as part of the original application. (b) it is satisfied that the development to which the consent as modified relates is

substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

Comment: The proposed modification is considered substantially the same development for which the consent was originally granted being for a Mixed-Use Development (Retail Sales, Café). Council is satisfied that there is no essential element of the approved development is being altered by the proposed modification, and the adjustment to the driveway and car park seal does not significantly change the overall form and character of the approved development. (c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has

made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

Comment: The modification application was notified to adjoining property owners from the 9 June 2020 to the 23 June 2020 with no submissions received. Further, notification to Transport for New South Wales (TfNSW) was undertaken as Marsden Street is a Classified Road under the Roads Act 1993 and comments have been received and implemented, as necessary.

189



(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Comment: Council have received a submission from TfNSW stating no objections, provided that measures are put into place to ensure loose material from the internal driveway is not dragged onto the adjoining footpath or carriageway of Marsden Street. Due consideration of the TfNSW request has been given and the findings have advised Council’s assessment of the proposed modification.

(e) In determining an application for modification of a consent, Council must also

take into consideration such of the matters referred to in Section 4.15(1) as are of relevance to the development the subject of the application. Council must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.

Comment: An assessment of the matters relevant to the aspects modified under Section 4.15(1) is provided below. The reasons given by the consent authority for the grant of consent that is sought to be modified includes many conditions imposed for the purpose of achieving compliance with the relevant environmental planning instruments and Council policies. It is considered the proposed modification to consent are not inconsistent with the reasons given in the granting of the original consent.

Any environmental planning instruments (EPIs) or draft instruments or any development control plan (DCP) Comment: The proposed modification to consent (i.e. Condition 54) will result in a change of the seal of the driveway and car park area in order to improve the stormwater management of the proposed development. It has been determined that the modification does not compromise the relevant Environmental Planning Instruments or Development Control Plan. Any development control plan Condition 54 of the original consent relates to controls AC2.2.4 of Section 2.4 Commercial, Business and Retail Development and APA3.1 of Section 3.1 Car Parking and Vehicle Access of the Boorowa Development Control Plan 2013 which requires all trafficable areas to be sealed to Councils specifications. In accordance with Section 1.1.7 of the Boorowa Development Control Plan 2013, if the proposed development fails to meet the prescribed control, a merit assessment of the objectives of the corresponding Performance Outcome is required. If the objective outcome is met, the proposed development is considered compliant with the Development Control Plan.

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The relevant Performance Outcomes are as follows with a merit assessment provided:

PC2.2 To ensure that parking is of sufficient quantity, and provided in safe and efficient manner

Comment: The modification application does not propose a change in the car parking numbers that were assessed and approved in the original consent, and then modified as part of 2019/DA-00103.1. Is assessment of the safety and efficiency of the driveway and car parking area, Council have considered TfNSW’s comments that measures are to be put into place to ensure loose material does not get tracked onto the footpath or road pavement by vehicles. As such, it has been determined with concurrence from Council’s Development Engineer that the driveway is to be sealed in line with the rear of the existing butcher shop, and the car parking and manoeuvring area is to be constructed from road base in accordance with Council’s Engineering Guidelines. Accordingly, it is considered the proposed modification is compliant with the objectives of PC2.2.

PPA3 All parking bays must be readily accessible, and an adequate area is provided for the turning and manoeuvring of vehicles;

Comment: The applicant has provided turning circle diagrams confirming there is an adequate area for turning and manoeuvring of vehicles. It is noted that the rear car park in question is for staff only as approved in the originating consent. As a result, it has been determined the proposed modification accords with the objective of this control. Any planning agreements There are no planning agreements relating to the original development application. The Regulations Division 8 of Part 6 of the Environmental Planning and Assessment Regulation 2000 specifies additional matters that must be taken into consideration by Council, specifically:

Clause 92 - Building Demolition - not applicable. Clause 92 - Medium Density Design Guide (where no development control

plan adequately addresses manor houses or multi-dwelling housing) - not applicable.

Clause 93 - Fire Safety Upgrade (change of building use) – not applicable. Clause 94 - Building Upgrades (building alterations and additions) - not

applicable. Clause 94A - Temporary structures - not applicable

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The likely environment, social and economic impacts in the locality Context and Setting - The proposed modifications have been assessed against the

likely impacts of the development in relation to the context and environment of the area in accordance with Section 4.15 of the Act. It is considered that the proposed modification does not introduce additional impacts to the character of the area and does not introduce additional environmental impacts not already considered during the original assessment.

Access and Traffic – Access to the property will be via the originally approved

means with a rear car park for staff parking only. By requiring the driveway be sealed to the rear of the existing building, Council can be assured that TfNSW’s requirements of not allowing loose material to be tracked onto the footpath or road pavement are met. The proposed modification will not likely increase traffic flow not already approved as part of the original consent.

Public Domain – As per the above discussion and in line with TfNSW’s representations, it has been determined that the requirement to seal the driveway to the rear of the building will ensure no risk of loose material being tracked into the public domain

Utilities – The proposed modification to consent does not impact upon the services

and utilities obligations as required in the original consent. No changes are proposed to conditions relating to stormwater infrastructure. The applicant seeks to improve the situation with increased pervious area.

In determining a development application, a consent authority is to take into consideration Section 4.15 of the Environmental Planning and Assessment Act 1979. The following matters as are of relevance to the development the subject of the development application:

COMMUNITY STRATEGIC PLAN LINKAGE The proposed development accords with the broad outcomes envisaged in the Hilltops Community Strategic Plan. FINANCIAL IMPLICATIONS There are no financial implications. RISK IMPLICATIONS There are no risk implications. CONSULTATION AND TIMING There was no consultation requirement for this modification. 192



ATTACHMENT 1: 2019/DA-00103.2

Schedule of proposed additional or amended conditions of development consent:

A. Delete condition 54.

B. Insert condition 54A Prior to the issue of the Occupation Certificate for the first stage of the approved development, a minimum of four (4) car parking spaces are to be provided in accordance with the approved plans, which shall be constructed of an all-weather material, drained, sign posted and line marked in accordance with Australian Standards AS2890.1:2004 Off Street Car Parking.

C. Insert condition 54B Prior to the issue of the Occupation Certificate for the first stage of the approved development, one (1) disabled car parking space is to be provided in accordance with the approved plans, which shall be sealed (in either a bitumen seal coat, asphaltic or bituminous concrete, cement concrete, concrete paving blocks, or brick paving blocks), drained, sign posted and line marked in accordance with Australian Standards AS2890.6:2009 Off-street parking for individuals with a disability.

D. Insert condition 54C Prior to the issue of the Occupation Certificate for the first stage of the approved development, The driveway is to be sealed (in either a bitumen seal coat, asphaltic or bituminous concrete, cement concrete, concrete paving blocks, or brick paving blocks) to the point of the rear of the building measured at 17.4m from the front boundary.

E. Insert condition 54D The person having benefit of this consent shall ensure that no loose material is tracked from the car park onto the public footpath or Marsden Street.

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"Copyright Notice" This plan and the information it contains are copyright and remain the property of ADW Johnson Pty Ltd. ADW Johnson Pty Ltd grants to the client named on this plan a license to use the information hereon for the purpose for which we were engaged to perform the work. Use of the plan and information it contains for any other purpose is not permitted unless prior written approval has been obtained from ADW Johnson Pty Ltd.

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12.10 – 20/162 - DA2020/0020: OUTDOOR RECREATIONAL FACILITY FOR MOTOCROSS AND SUPERCROSS TRAINING AT LOT 8 DP 1103208, 942 OLYMPIC HWY NORTH, YOUNG Reference: File No. DA2020/0020 Responsible Officer: Acting Director Planning

PURPOSE The purpose of this report is for Council to determine a Development Application (DA2020/0020) for a proposed outdoor recreational facility for motocross and supercross training at Lot 8 DP 1103208, 942 Olympic Hwy North, Young, generally in accordance with consent conditions (Attachment 1).

The application has been referred to Council for determination as six submissions (Attachment 3) have been received raising the following concerns with the development:

Noise Land use conflicts Traffic safety with driver distraction Compliance with past development consent Lack of operational details regarding training schools.

The applicant has subsequently provided a response to those submissions (Attachment 4). An expert acoustic assessment has also been provided that demonstrates the development achieves compliance with the NSW Noise Policy for Industry and Protection of the Environment Operations Act 1997. It is assessed that the measures proposed to mitigate environmental harm together with the recommended consent conditions address these concerns.

This report recommends that the application be approved subject to 1-year trial period to ensure that Council and Transport for NSW can audit the adequacy of the mitigation measures and recommended consent conditions.

The application has been assessed against Section 4.15 of the Environmental Planning and Assessment Act 1979 and is considered to be an acceptable form of development on the site having regard to the matters discussed in this report, the application is recommended for conditional approval.

RECOMMENDATION

That Council:

(a) Approves Development Application DA2020/0020 on Lot 8 DP 1103208 for an outdoor recreational facility for motocross and supercross training at 942 Olympic Highway North, Young, subject to the conditions of consent generally set out in Attachment 1 of this report.

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REPORT/SUMMARY/BACKGROUND 1. Background In February 2012, Council at its Ordinary Meeting approved Development Application no. 2011/DA-00238 for the construction of two (2) motorcycle training tracks, use of these tracks for training purposes, and to cut and fill a dwelling site at the subject property. Conditions no. 2 and 3 of this consent stated:

1. This development consent shall only be active for twelve (12) months from the date of the issue of a Construction Certificate. The Construction Certificate enables the completion of final physical works on the matter, prior to commencement of the use.

2. The Applicant may (no later than 10 months after the Construction Certificate date) lodge with Council a request to modify this development consent having regard to the time frame in the above condition, so as to extend the consent longer than the twelve month period. This condition is imposed to enable a review by Council of the operating conditions and monitor the applicants compliance with same, in order to maintain amenity within the locality.

The Applicant did not lodge an application to modify Development Consent no. 2011/DA-00238 within the required timeframe resulting in the lapsing of this consent. Accordingly, a new Development Application (DA2020/0020) has been lodged with Council for consideration. 2. Site and surrounds The site has an area of 57ha and is located 9km east of Young. The site is bound by the Olympic Highway, Hewitts Road, a quarry, agricultural uses and rural residential uses. The site has some existing improvements including farm buildings, rainwater tanks and two motorcycle tracks. A drainage line traverses the site and surrounding lands running north-south connecting several farm dams to Emu Gully west of the site. Surrounding lands are predominately used for primary production purposes to the north while lands to the south are mainly used for rural residential purposes.

Figure: Locality Map (site highlighted)

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Figure: Site Aerial 3. The Proposal The application seeks to reinstate the use of motocross and supercross tracks for training purposes at Lot 8 DP 1103208, 942 Olympic Hwy North, Young. The outdoor recreational facility would offer the following training: Individual or rider and training partners: • 4 riders (4 sons, or son and 3 training partners) on any track at one time • 4 training sessions per day maximum • Training Session is constituted as 30 mins on track, 30 mins recovery • Monday to Friday 9am to 5pm and Saturdays 9am to 2pm • No riding on Sundays or Public Holidays Training schools to be held in school holidays: • 2 training schools per year with 8 participates maximum • 30 days’ notice to be given to Council before any training schools • 4 riders on any track at one time (4 non-riders on theory) • 4 training sessions per day maximum • Training session is constituted as 30 mins on track, 30 mins recovery • Monday to Friday 9am to 5pm and Saturdays 9am to 2pm • No riding on Sundays or Public Holidays Car parking for participates would be provided on-site utilising an existing all-weather hardstand area adjacent Track A (northern track). No large-scale activities are proposed. A copy of the submitted plans and documentation supporting the application is provided in Attachment 2.

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Figure: Site Plan showing motorcycle tacks A and B

Figure: Plan of motorcycle tack A

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Figure: View southwest from site towards tack A

Figure: Plan of motorcycle tack B

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Figure: View northeast from site towards tack B ATTACHMENTS: Attachment 1 – DA2020/0020 - Draft consent conditions Attachment 2 - DA2020/0020 - Submitted plans and documentation Attachment 3 - DA2020/0020 - Public Submissions Attachment 4 - DA2020/0020 - Applicant’s response to submissions Attachment 5 - DA2020/0020 - Transport for NSW response POLICY AND LEGISLATION The application has been assessed against Section 4.15 of the Environmental Planning and Assessment Act, 1979 and its Regulations, Young Local Environmental Plan 2010 and relevant State Environmental Planning Policies and Young Development Control Plan 2011. These instruments outline the permissibility and development standards for the proposal within the RU4 Small Lot Primary Production zone. 4. Environmental Assessment In determining this application, Council must take into consideration the following matters as listed under Section 4.15 of the Environmental Planning and Assessment Act, 1979 which are of relevance to the proposed development: 5. Section 4.15(1)(a)(i) - any environmental planning instrument Young Local Environmental Plan 2010 (LEP) The Young Local Environmental Plan 2010 (LEP) applies to the land. Pursuant to Clause 1.6 of the LEP, Hilltops Council is the Consent Authority for this application. Permissibility The site is zoned RU4 Primary Production Small Lots under the LEP. The proposal is for an outdoor recreation facility (defined below) for motocross and supercross training and such development is permissible with consent of Council. Outdoor recreation facility is defined by the LEP to mean:

“a building or place used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track… or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major)”.

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The objectives of the RU4 Primary Production Small Lots zone are: a) To enable sustainable primary industry and other compatible land uses. b) To encourage and promote diversity and employment opportunities in relation

to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.

c) To minimise conflict between land uses within this zone and land uses within adjoining zones.

Clause 2.3(2) of the LEP requires Council to have regard to whether the development is consistent with the RU4 Primary Production Small Lots zone objectives. The proposal is largely consistent with these zone objectives for the following reasons:

The site can be used for both agricultural and recreational purposes without alienating or reducing the development potential of the rural land and surrounding lands to be used for primary industry purposes (quarrying, orcharding, farming etc.). The primary use of the site would remain agricultural.

The outdoor recreational facility is located to maximise separation distance to surrounding sensitive land uses in the locality. Potential land use conflicts with surrounding residential land uses would be suitably managed with the mitigation measures proposed by the documentation and acoustic report supporting the application.

The scale of the recreational activities (four 30min training sessions per day with 4 riders on track at any time) would maintain a reasonable amenity in the locality. No large scale activities or events will be undertaken at the outdoor recreational facility.

Heritage Clause 5.10 of the LEP requires Council to consider heritage. The proposal does not involve a heritage item nor is it located within the vicinity of any items of environmental heritage listed under Schedule 5 of the LEP. Further, a recent search of the NSW Office of Environment and Heritage Aboriginal Heritage Information Management System confirms there is no known natural heritage sites or places within the vicinity of the proposed development. Flood Planning Clause 6.2 of the LEP requires Council to minimise flood risks on land that is at or below the flood planning level. The site is located at the top of the catchment well above the flood planning area and is not identified by the Young Flood Study. Land Part of the site is classified as ‘Sensitive Land Areas’ by the LEP Natural Resources Sensitivity Land Map. Clause 6.3 of the LEP requires Council to consider any adverse impacts from the proposed development in relation to geotechnical stability of the site, and the probability of increased erosion or other land degradation processes. The area of the development is on gentle slopes outside of the sensitive land area. A site inspection of the established motocross and supercross tracks constructed for several years does not reveal visual evidence of cracking or movement that may lead to land degradation. It is considered that the implementation of sediment and erosion control measures on-site for the use of these tracks would avoid soil and water quality impacts in the locality.

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Biodiversity Part of the site is identified as ‘high conservation value vegetation native fauna and flora’ under the LEP Terrestrial Biodiversity Map. Under Clause 6.5 of the LEP, Council must be satisfied that the development is designed, sited and managed to minimise any significant adverse impacts on ecological processes and native fauna and flora on the land. The plans and documents supporting the application indicate no tree or vegetation removal is required for the development. The information in support of the application has not found any threatened species of flora or fauna, ecological communities or critical habitat that may be affected by the development proceeding. A review of the NSW BioNet Atlas does not reveal endangered populations or critical habitat in the immediate area, but confirms Superb Parrot and Dusty Woodswallow sightings in the broader locality. In consideration of biodiversity, the site is highly modified by past earthworks for motorcycle tracks, driveways, farm buildings and farming activities and is now covered in grass with scattered trees along drainage lines and the Olympic Highway. A number of trees are planted along the highway and surrounding the motorcycle tracks. These tracks are not on the area of property with biodiversity values identified by the Biodiversity Conservation Act 2016 (Native Vegetation Regulation Map and Biodiversity Values Map). Further, the proposal does not involve tree or vegetation removal. Given the minor nature of the works (access and tree planting) required for the continued use of the motorcycle tracks, there is no adverse impacts foreseeable to biodiversity areas. Earthworks Clause 6.7(2) of the LEP states that development consent is required for earthworks unless such works are ancillary to development for which development consent has been given. The site contains motocross and supercross tracks established under development consent no. 2011/DA-00238. No further earthworks are proposed by this application for the continued use of these motorcycle tracks. Aims The development is not considered to be inconsistent with the aims of the LEP, subject to the recommended conditions in this report. The documentation supporting the application has demonstrated that the outdoor recreation facility can operate and maintain a reasonable amenity in the locality. The granting of consent to the development would not restrict the use of the site and surrounding rural lands for agricultural purposes. 6. State Environmental Planning Policies (SEPPs) State Environmental Planning Policy – Infrastructure 2007 Clause 45 of SEPP Infrastructure requires Council to consider any development carried out:

a) within or immediately adjacent to an easement for electricity purposes, b) immediately adjacent to an electricity substation, c) within 5 metres of an overhead power line, d) includes installation of a swimming pool any part of which is: within 30 metres of

a structure supporting an overhead electricity transmission line and/or within 5 metres of an overhead electricity power line, or

e) placement of power lines underground. 202



The proposal is not within or immediately adjacent to any of the above infrastructure; as such, the development satisfies the SEPP. Clause 101 of SEPP Infrastructure requires Council to be satisfied that the safety, efficiency and ongoing operation of Olympic Highway will not be adversely affected by the development. Accordingly, the application was referred to Transport for NSW (TfNSW) for comment and recommended conditions were received prohibiting sporting events, requiring planting of screening trees to reduce driver distraction and construction of a BAR/BAL intersection treatment (basic left and right turn) for the property. The applicant was provided an opportunity to respond to TfNSW comments and agreed to established a row of fast growing screening trees (evergreen alders), but objected to the BAR/BAL intersection treatment. TfNSW have revised their comments based on the applicant’s response and suggested a trial period for the development to further review the need for any BAR/BAL intersection treatment based on the actual operations of the recreational training facility. These conditions are included in the recommendation to satisfy the SEPP. Council can be satisfied that the existing rural property access, subject to sealing and a trial period to further assess traffic impacts, would be suitable for the proposed development. State Environmental Planning Policy No. 64 Advertising and Signage Clauses 8 and 13 of SEPP 64 control the display of signage. No signage is proposed as part of the application. A condition for the control of signage is included in the recommendation. State Environmental Planning Policy – Koala Habitat Protection SEPP Koala Habitat Protection applies to all land that has an area of more than 1 hectare in the Hilltops Local Government Area or identified by the NSW Koala Development Application Map. Before Council can grant consent to development on such land, it must satisfy itself whether or not the land is a core koala habitat. The SEPP defines a core koala habitat as an area of land where koalas are present, or an area of land which has been assessed by a suitably qualified and experienced person in accordance with the Koala Habitat Protection Guideline as being highly suitable koala habitat, and where koalas have been recorded as being present in the previous 18 years. The site is not mapped by the NSW Koala Development Application Map as a potential koala habitat. A search of the NSW BioAtlas confirms there has been no recorded sightings of koalas in the locality. Council can be satisfied that the site does not form a core koala habitat. State Environmental Planning Policy – 55 Remediation of Land Clause 7(1)(a) of SEPP 55 requires Council to consider whether the site is contaminated and if the site is contaminated whether it is suitable (with or without remediation) for the development. Council records indicate the site is used for recreational and agricultural purposes and was historically used for cropping and gazing which is unlikely give rise to contamination. An inspection of the site did not reveal visual evidence of contamination. In this regard, it is considered that the site poses no risk of contamination and therefore, no further consideration is required under the SEPP as the land is suitable for the development. 203



7. Section 4.15(1)(a)(ii) - Any draft environmental planning instrument There are no relevant draft environmental planning instruments that apply to the development. 8. Section 4.15(1)(a)(iii) - Development control plan There are no specific provisions of the Young Development Control Plan 2011 (DCP) which apply to recreational facilities. However, sections 1.3 DA Notification Policy and 4.1 Car Parking and Vehicle Access of the DCP are applicable and the following is an assessment against the relevant development controls and provisions. Section 1.3 DA Notification Policy In accordance with the DCP, the application was notified to adjoining and neighbouring owners from 6 February 2020 to 20 February 2020. As a result of the public exhibition, six submissions were received raising various concerns with the development proposal. These matters are discussed below in the ‘submission’ section of this report. Section 4.1 Car Parking and Vehicle Access PPA1 New car parks are sufficient in number and design to provide appropriately for the needs of new developments;

APA1.1 Car parking is provided at the rate set out in Table 4.1; APA1.2 Car parking is provided on the site of the development; Comment: No parking rate is nominated for outdoor recreational facilities under the DCP or NSW RTA Guide to Traffic Generating Development. Similar recreational uses (squash/tennis courts and bowling alleys) indicate 3 parking spaces per count or alley should be provided. On this basis, it is considered that provision of 6 parking spaces would cater for the likely parking demand generated by the outdoor recreational training facility for 4 participants (or 8 participants during training schools). A condition is included in the recommendation for a minimum of 6 parking spaces to be provided in accordance with Australian Standards.

PPA2 Parking areas are designed to operate in a safe manner for drivers and pedestrians.

APA2.1 Vehicles enter and leave the site in a forward direction; Comment: The existing access driveway allows vehicles to enter/exit the property in a forward gear. APA2.2 All parking spaces are suitably marked by lines or spaces indicated by other approved means; Comment: A condition is included in the recommendation to ensure parking spaces are delineated in accordance with Australian Standards.

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PPA3 All parking bays must be readily accessible, and an adequate area is provided for the turning and manoeuvring of vehicles;

APA3.1 The layout and dimensions of car parking areas are in accordance with the design standards and principles as set out in Figures 4.1 and 4.2; Comment: A condition is included in the recommendation to ensure parking spaces are designed and constructed in accordance with Australian Standards. APA3.2 Unless specified to a different standard elsewhere in this DCP, all car parking areas, driveways, turning areas and loading areas are paved in either a bitumen seal coat, asphaltic or bituminous concrete, cement concrete, concrete paving blocks, or brick paving blocks. Comment: The rural property access is to be sealed as required by control APA3.2. However, the internal access driveway and parking areas are constructed to an all-weather standard and are not to be sealed by this application. In assessing this non-complaint aspect of the development, it is important to consider the underlying objective of control APA3.2, which simply requires parking bays to be readily accessible and an adequate area to be provided for the turning and manoeuvring of vehicles. It is assessed an all-weather standard driveway and parking area achieves this objective and therefore, the alternative can be supported by Council. APA3.3 Free and uninterrupted access to car parking areas is maintained at all times. Comment: A condition is included in the recommendation to ensure the off-street parking facility is kept free of obstacles.

9. Section 4.15(1)(a)(iiia) - Any planning agreements There are no planning agreements relating to the site. No agreement is proposed by this application. 10. Section 4.15(1)(a)(iv) - The regulations (to the extent that they prescribe

matters) There are no relevant prescribed matters relating to the development proposal and the site. 11. Section 4.15(1)(b) - The likely environment, social and economic impacts in the

locality Context and Setting The development proposal will have no greater visual impact in the locality as the motorcycle tracks are established and no new buildings or earthworks are proposed by this application. The motorcycle tracks are located on land below the Olympic Highway and vehicles travelling on the highway can view these tracks. It is considered these tracks when viewed from surrounding dwellings and roads would be partially screened by established vegetation. The application proposed to establish a second row of fast-growing evergreen screening trees along the Olympic Highway frontage to further minimise the potential for driver distraction. It is considered the visual impacts of the development are acceptable in the locality.

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The proposed operational limitations on the use of the motorcycle tracks (being 30min training sessions for 4 riders and no more than 4 sessions on any day) is considered acceptable in the locality as the application has demonstrated a reasonable amenity will be maintained for surrounding residential developments. Training school sessions would adhere to the same limitations with provision for 4 non-riders to be present for motorcycle sport theory. Access and Traffic Vehicular access to the site is by an all-weather rural property access from Olympic Highway. The gates for the property are well setback from the road edge seal and allow for the standing of two long vehicles (30m standing area). As previously discussed in this report, the existing property access is recommended to be sealed to protect the operations of the highway and prevent potential tracking of material on to the road. In terms of traffic, the recreational training facility offers a maximum of four training sessions a day (30mins each session) and caters for 4 riders at any time. This may result in 4 to 12 daily vehicle trips being generated by the development depending on operations, which is similar to a dwelling (9 daily vehicle trips). It is expected that such limitations would generate minimal traffic in the locality. The surrounding road network has capacity to cater for development. Given the expected low traffic volumes, a sealed rural property access treatment is supported by Council’s Engineers. Public Domain There is expected to be no significant impact on the public domain. Other than the existing rural property access, there are no public areas that would be affected by the development.

Utilities The existing building adjacent to the track provides amenities for participates. No changes are proposed to existing services to cater for the development. Heritage No items of environmental, cultural or archaeological heritage are known to exist on the site.

Other land resources The proposal would not impact upon other land resources, such as mineral and extractive opportunities. Surface Water and Groundwater Water is proposed to be used on the tracks prior to training operations to keep the track wet and free from dust. Water is supplied by an on-site bore and stored in a 20,000 litre water tank for this purpose. No changes are proposed by this application.

Soils The proposal does not involve significant soil disturbance. However, it is likely that some soil disturbance may occur during training operations. The measures to mitigate adverse soil impacts (wetting motorcycle tracks prior to use operations and maintaining soil and erosion control measures) are considered appropriate to address this matter. Nevertheless, a condition is recommended to ensure all reasonable and feasible dust suppressions methods are used including, but not limited to, limiting the use of two stroke motorcycles on the track, and not utilising the track in adverse weather conditions. 206



Air & Microclimate The proposal is unlikely to affect microclimatic conditions in terms of emission of particulates, odours, fumes or pollutants. It is considered that the scale of the recreation activities and the mitigation measures proposed by the application would address potential dust emissions in the locality.

Noise and Vibration The proposal is expected to generate noise during operations mainly the engine noise from the motorcycles. These noise sources are proposed to be managed and mitigated by:

a. Maintaining separation distance between the motorcycle tracks and sensitive receptors;

b. Limiting the number of riders on the motorcycle tracks at any one time to 4 bikes;

c. Limiting operation hours to weekdays, 9am to 5pm and Saturdays 9am to 2pm; d. Limiting training sessions to 30mins with a maximum of 4 sessions per day and

30mins between sessions; and e. Community program to notify Council and the community of training sessions

and training schools. The development must demonstrate that the enjoyment of surrounding residential properties is not unduly affected by noise emissions (offensive noise) under the Protection of the Environment Operations Act 1997. All submissions received on this application from surrounding residents, mainly south of the site, have raised noise as a concern. The nearest dwellings that may be affected by the proposal are some 460m south of the motorcycle tracks. A locality map showing the location of established dwellings in the locality is provided below.

Figure: locality map showing existing dwellings (stars), property in same ownership (shaded) and typical buffers (rings).

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The application is supported by an acoustic assessment, prepared by a suitably qualified acoustic consultant, that provides an expert review of the likely impacts from cumulative noise generated by 2 and 4 riders on the existing motorcycle tracks at any one time and recommends the implementation of a community notification program and complaint management system. It also recommends only one track be used at any time with no more than 4 riders.

The acoustic assessment was carried out on-site on Wednesday 5 May 2020 with noise monitoring points (MP1, MP2 and MP3) located adjacent the motorcycle tracks and Hewitts Road as shown on the site plan reproduced below from the acoustic assessment. Riding during noise monitoring was at normal speed and include jumps. The noise measurement results are tabled below.

Figure: acoustic assessment site plan showing local dwellings and noise measure points (MP).

Table: acoustic assessment noise measurement results.

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Based on the noise monitoring, the acoustic assessment finds the following noise is expected at surrounding residents:

Table: acoustic assessment noise measurement results at surrounding residents

The acoustic assessment found the intrusive noise trigger level (LAeq, 15 minute) of 42 dBA for motorcycle training lasting less than 2.5 hours per day (or 45 dBA for training lasting less than 1 hours per day) will not be exceeded at the surrounding residential dwellings and properties. In addition, it also found the amenity criteria of 50 dBA will not be exceeded in the locality. The report concludes that the noise emissions associated with the training operations is acceptable as it is unlikely to give rise to intrusive or offensive noise.

The acoustic assessment was reviewed by Council’s Environmental Health Officer who supported the findings and advised the assessment provides adequate information to indicate that the relevant noise legislation and guidelines would be complied with during motorcycle training operations.

The measures proposed by the application and recommended by the acoustic assessment are considered sufficient to manage potential noise impacts within the locality. Conditions, including a 1-year trial condition to ensure the development can be reviewed by Council, are included in the recommendation to ensure compliance. Flora and Fauna The information in support of the application has not identified threatened species of flora or fauna that may be impacted by the proposal. No vegetation removal is required for the continued use of the established motorcycle training tracks. Waste Limited details have been provided on collection, storage and disposal of waste. Accordingly, conditions are recommended for appropriate waste management.

Hazards There are no known risks to people, property or the biophysical environment from geologic or soil instability, flooding or bushfire. Safety Security and Crime Prevention The proposed development does not pose a safety or security risk.

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Social Impact in the Locality The development is unlikely to have negative social impacts (way of live, culture, community etc.) in the locality. It is likely the proposal may have a positive social impact by providing an outdoor recreational facility that is able to cater for the training needs of the motorcycle community. Economic Impact in the Locality The proposed development is not expected to have a detrimental economic impact in the locality.

Site Design and Internal Design The proposal complies with all relevant environmental planning instruments and standards.

Construction No construction is proposed or required to give effect to the development.

Cumulative Impacts The proposal is not expected to result in cumulative impacts. 12. Section 4.15(1)(c) - The suitability of the site for the development Does the proposal fit in the locality?

The location of the outdoor recreational facility on site, adjacent a quarry and agricultural uses, maximises separation distance from surrounding residential land uses to the south. The proposal, subject to the recommended consent conditions in this report, is considered to be a compatible land use in the locality.

Are the site attributes conducive to development? The site is not subject to natural hazards including flooding, subsidence, slip, mass movement or bushfire. The site is suitable for the development as the proposal is appropriately designed, sited, and located to respond to site constraints including areas of sensitive land, biodiversity, and watercourses.

13. Section 4.15(1)(d) - Any submissions made In accordance with the Young Development Control Plan 2011, the application was notified to adjoining and neighbouring owners from 6 February 2020 to 20 February 2020. As a result of the public exhibition, 6 submissions were received by Council raising various concerns with the development. These concerns are discussed herein:

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Concern Comment Noise - the application is not supported by an acoustic report demonstrating that the proposal would comply with the NSW Noise Policy for Industry and Protection of the Environment Operations Act 1997. The cumulative noise impact of 4 riders (up from 2) is not considered by the application. An acoustic report should be prepared to support the assumptions in the documentation supporting the application.

The applicant has provided an acoustic assessment, prepared by Noise and Sound Services, to support the use of the motocross and supercross tracks for training purposes. The expert noise assessment was modelling on 2 and 4 riders using the motorcycle tracks and found the proposed development complies with the NSW Noise Policy for Industry and Protection of the Environment Operations Act 1997.

Land use conflict - the proposal is inconsistent with the Young Local Environmental Plan 2012 RU4 zone objective to minimise conflict between land uses within the zone. The proposal will create a land use conflict with existing residential developments in the locality.

As above, the applicant has provided an acoustic report and proposed mitigation measures (no more than 4 riders, daylight operations, restricted training session etc.) to ensure a reasonable rural amenity would be maintained in the locality. The scale of the proposed training activities and limitation are considered to achieve the relevant zone objective to minimise to the greatest extent possible conflict between land uses within the zone. Nevertheless, conditions are included in the recommendation to address the potential for any unreasonable noise and amenity impacts and complaint management.

Traffic safety - the proposal is visible from public roads and will be a distraction for motorists. Clause 101 of State Environmental Planning Policy (Infrastructure) 2007 is not considered by the documentation supporting the application.

The applicant has provided additional documentation since the submission confirming a second row of fast-growing evergreen screening trees will be planted to complement the existing plantings. These measures have been reviewed by the road authority and supported with a condition requiring such landscaping to be established and maintained. Clause 101 of SEPP Infrastructure has been addressed in the documentation and this report find the design of the property access, subject to sealing and a trial period, is suitable for the proposed development.

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History of non-compliance with past time limited development consent in terms of noise, time limits, complaint handling and reporting measures and lapsing of consent.

Council records indicate complaints were received regarding operational hours and noise associated with development consent no. 2011/DA-000238. The documentation supporting the application has also addressed the other matters and provided mitigation measures, including implementation of new training session limits (30mins sessions with 30mins break, no more than 4 sessions a day) and community engagement programs. A trial consent for 1 year is recommended in this report to ensure that Council can further review the development and the adequacy of the mitigation measures.

Training school specific details about the training camps operations have not been provided in the documentation supporting the application i.e. parking, amount of days, which school holidays, how many participants, what other activities will take place and how they will impact on neighbours.

The applicant has provided additional documentation since the submission clarifying training school activities would be held twice a year for a maximum of 8 participants over 5 days. The schools would be subject to the same restrictions (no more than 4 riders at any time and a maximum of four 30mins sessions per day), but allows 4 non-riders to work on theory. No camping or accommodation is proposed as part of the application. A condition is included in the recommendation to clarify the approved development.

Economic impact on surrounding residential property values.

The concern raised is not a relevant planning consideration in the assessment of a development application.

14. Section 4.15(1)(e) - The public interest The application is not considered to be prejudicial to the public interest. 15. Conclusion The development is not considered likely to have a significant and detrimental impact on the natural or built environment and is suitable for the site, having regard to its compatibility with surrounding development and compliance with relevant planning instruments. Therefore, it is recommended that the application be approved subject to the recommended conditions in this report. COMMUNITY STRATEGIC PLAN LINKAGE The development proposal accords with the broad outcomes envisaged in the Hilltops Community Strategic Plan. FINANCIAL IMPLICATIONS All works associated with the development would be at the Applicant’s cost.

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RISK IMPLICATIONS The Applicant if dissatisfied with the determination, whether it be refusal of the development or in respect to conditions of consent, may lodge a review of determination pursuant to section 8.3 of the Environmental Planning & Assessment Act, 1979 or an appeal to the NSW Land and Environment Court. CONSULTATION AND TIMING In accordance with the Young Development Control Plan 2011, the application was notified to adjoining and neighbouring owners for a period of 14 days. As a result of the public exhibition, 6 submissions were received by Council raising various concerns with the development. A copy of the submissions is provided in Attachment 3. The applicant was provided an opportunity to respond to the concerns raised by the submissions. A copy of their response is provided in Attachment 4. The application was referred to Transport for NSW (TfNSW) as vehicular access for the proposed development is from Olympic Highway (State Road). TfNSW raised no objection to the development, subject to various conditions, including a trial period to allow the road authority to further review the need for intersection treatments with the State Road based on operations. A copy of their response is provided in Attachment 5. The matters raised through the submission process are considered in this report and conditions imposed in accordance with planning legislation.

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ATTACHMENT 1 - DRAFT CONSENT CONDITIONS APPROVED DEVELOPMENT 1. The development shall be generally in accordance with development application

number DA2020/0020 submitted by the Applicant and be in accordance with the supporting documentation submitted with that application, including, but not limited to, the following:

Drawings Drawing No. Rev. Name of Plan Date - - Site Plan 13/12/2019 - - Plan Track A 13/12/2019 - - Plan Track B 13/12/2019 Statement of Environmental Effect, prepared by DA Busters Pty Ltd, dated

January 2020. Statement, prepared by DA Busters Pty Ltd, dated 14 April 2020. Motocross and Supercross Dirt Bike Tracks Noise Assessment, prepared by

Noise and Sound Services Pty Ltd, dated May 2020. as modified by any conditions of this consent.

2. This development consent shall cease to operate one (1) year from the date of this

Notice of Determination, and at which time the land is to be returned to its condition prior to the motorcycle tracks being constructed.

Note: A Section 4.55 modification application may be lodged to remove this

condition prior to the consent ceasing to operate. If a modification is lodged, the assessment must include a review of the environmental measures and conditions of this consent to ensure they are suitable for the continued operation.

3. All recommendations specified in the Motocross and Supercross Dirt Bike Tracks

Noise Assessment, prepared by Noise and Sound Services Pty Ltd, dated May 2020, are to be adhered to and implemented in the development.

4. No approval is granted by this consent for public race or organised events, or for

attendance of spectators. The motorcycle tracks are to be for training purposes only.

5. No more than two (2) training schools in any 12 month period is approved by this

consent. 6. No approval is granted by this consent for accommodation or camping

associated with the development. 7. No repairing, servicing, or washing of vehicles (including motorcycles) associated

with the development is to be conducted on the site. 8. No signage is approved as part of the development, no signs or advertising

material (other than exempt development or required by this consent) shall be erected on the site without a subsequent application being approved by Council.

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9. All works associated with the proposal, or required by this consent, must be at no cost to Hilltops Council and Transport for NSW.

10. All prescribed conditions under Part 6, Division 8A of the Environmental Planning &

Assessment Regulation 2000 apply and must be complied with.

PRIOR TO WORKS COMMENCING 11. Prior to works commencing within the road reserve the applicant must apply for

and obtain approval under Section 138 of the Roads Act, 1993 from the road authority (Hilltops Council) and concurrence from Transport for NSW. The person having the benefit of this consent is responsible for all public utility adjustment/relocation works, necessitated by the proposed works, and as required by the various public utility authorities and/or their agents.

DURING WORKS 12. The carrying out of work during the construction of the development shall be done

in such a manner as to not to interfere with the amenity of the locality by reason of the emission of noise, vibration, dust, smell, fumes, smoke vapour, steam, soot, ash, waste water, waste products or grit, oil or otherwise.

13. All cut and fill must be appropriately graded, drained, and revegetated or suitably retained by a retaining structure, designed, and constructed to appropriate engineering standards. All works must be carried out without effecting the structural integrity of boundary fencing or neighbouring structures.

14. Only fill material characterised as Virgin Excavated Natural Material under the

guidelines of the NSW Environmental Protection Authority may be used in this development.

15. Any excavated material to be removed from the site is to be assessed, classified, transported and disposed of in accordance with the NSW Department of Environment and Climate Change’s ‘Waste Classification Guidelines Part 1: Classifying Waste’ publication and disposed of at a lawful waste facility.

Traffic and Parking 16. As a minimum the access driveway to the Olympic Highway shall be constructed

and maintained to the satisfaction of Transport for NSW to provide the following:

a) As a sealed “Rural Property Access” in accordance with the Austroads Guide to Road Design as amended by the supplements adopted by Transport for NSW for the posted speed limit;

b) Be constructed with a minimum width of 6 metres to allow for 2 way movement and be sealed for at least 10 metres from the edge of seal of the carriageway of the Olympic Highway;

c) The required sight distance criteria for a reaction time of 2.5 seconds in accordance with the Austroads Publications as amended by the supplements adopted by Transport for NSW for the posted speed limit. Compliance with this requirement is to be certified by an appropriately qualified person prior to construction of the vehicular access; and

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d) Not reduce the capacity of the existing roadside drainage network and to prevent water from proceeding onto, or ponding within, the carriageway of the Olympic Highway.

17. A minimum of six (6) off-street car parking spaces must be provided. The off-street

parking facility layout associated with the development including internal driveways and parking bay dimensions shall be constructed in accordance with Australian Standard AS2890.1:2004 Off-street car parking. The internal access driveway and parking areas are to be constructed to an all-weather standard and kept free of obstacles.

18. Any landscaping, fencing or signage to be provided within the site or along the

boundary with any adjoining road reserve is to be designed and maintained to provide safe sight distance to pedestrians for motorists entering and exiting the site to minimise conflict in accordance with Australian Standard AS2890.1:2004 Off-street car parking.

19. Any damage caused to footpaths, roadways, utility installations and the like by reason of construction operations shall be made good and repaired to a standard equivalent to that existing prior to commencement of works. The full cost of restoration/repairs of property or services damaged during the works shall be met by the person having the benefit of this consent.

Prior to the use commencing 20. A landscaped buffer (at least 5m wide planted with a variety of species growing to

a mature height of up to 5m) shall be established and maintained within the property along the frontage of the site to the Olympic Highway to a standard to screen the motorcycle tracks from the Olympic Highway to minimise distraction of the travelling public.

21. An Erosion and Sediment Control Plan must be prepared and implemented in

accordance with the ‘NSW Managing Urban Stormwater - Soils and Construction (Blue Book)’ to minimise soil erosion and the discharge of sediment and other pollutants to land and/or waters. These controls are to be maintained and managed by the person having the benefit of this consent in perpetuity as part of the development.

GENERAL 22. The riding of motorcycles on the motorcycle tracks shall be limited to the following

hours: a) Weekdays: 9:00am to 5:00pm b) Saturdays: 9:00am to 2:00pm c) No riding shall occur on Sundays or Public Holidays

23. The maximum riding time for motorcycles or activity on the motorcycle tracks

before a break is taken shall be 30 minutes. The minimum break time (no motorcycle activity on the property) between riding intervals shall be 30 minutes.

24. Only one (1) of the motorcycle tracks is to be used an any one time with no more

than four (4) motorcycles on track.

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25. All vehicles (including motorcycles) operated in conjunction with the development shall have muffler/exhaust systems fitted complying so as to not exceed the maximum noise output permissible for that vehicle, as provided by the Protection of the Environment Operations (Noise Control) Regulation 2017.

26. At no time shall noise exceed 5dB(A) above background sound level when

measured at any dwelling near or neighbouring the development. The use of the premises and operating noise level of vehicles must not give rise to an ‘offensive noise’ as defined by the Protection of the Environment Operations Act, 1997.

27. All activities associated with the development must be carried out wholly on site.

Appropriate manoeuvring areas are to be maintained on site to allow for all vehicles to enter and exit the site in a forward direction.

28. Prior to any motorcycle use on the motorcycle tracks under this consent, the

operator of the vehicle shall ensure that the track is wetted and kept free from dust generation actions of the activity, by way of watering the dirt areas in order to suppress dust.

29. All reasonable and feasible dust suppressions methods are to be used, particularly during dry weather, as often as necessary to ensure that adjoining properties are not adversely affected by undue dust. Actions may include limiting the use of two stroke motorcycles on the track, and not utilising the track in adverse weather conditions, particularly adverse wind conditions.

30. All waste generated by the development shall be collected and stored in

appropriate receptacles in a manner that such receptacles are not visually prominent from any public place. The receptacle must be regularly emptied, and waste must not be allowed to lie or accumulate on the property other than in the receptacle.

31. No injury must be caused to the amenity of the area by the emission of noise,

smoke, smell, vibration, gases, vapours, odours, dust, particulate matter, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health, the exposure to view of any unsightly matter or otherwise. All materials, goods, rubbish, etc., shall be stored within the curtilage of the buildings at all times, or suitable screening provided.

Training schools 32. A minimum of thirty (30) days notice must be given to Council and surrounding

properties before the commencement of any training schools under this consent. 33. All conditions of this consent must be fully complied with during training schools. Complaint handing 34. The person having the benefit of this consent shall provide the following on a sign

at the entry point to the site detailing the following: a) A telephone number on which complaints about the operation on the site

may be registered; b) A postal address to which written complaints may be sent; and c) An email address to which electronic complaints may be transmitted.

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35. The person having the benefit of this consent shall record details of all complaints received (as above) through the means of a complaints register. The register shall be made available for inspection by Council upon request. The register must record, but not be limited to: a) The date and time, where relevant, of the complaint; b) The means by which the complaint was made (telephone, email, electronic); c) Any personal details of the complainant that were provided, or if no details

were provided, a note to that effect; d) The nature of the complaint; e) Any action(s) taken by the person having the benefit of this consent in

relation to the complaint, including any follow-up contact with the complainant; and

f) If no action was taken by the person having the benefit of this consent in relation to the complaint, the reason(s) why no action was taken.

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SEE for Continued Use – Motorcross Tracks pg. 1 942 OHN Young

Statement of Environmental Effects

In Support of a Development Application

Proposal To reinstate and continue the Use of 2 prior approved MotorCross/SuperCross Tracks on the subject land for Training purposes.

Subject Land Address Lot 8 DP 1103208

No 942 Olympic Hwy Nth, YOUNG 2594

Owner DJ & TL Mellross

SEE Prepared By DA Busters – Development Assistance Services Ph: 0466 722 869 Email: [email protected]

Plans & Details Prepared For

Applicant: Mr Darren Mellross

LGA Hilltops Council – former YOUNG Shire Council area

SEE completion assisted by:

© January 2020

Version: 1, Version Date: 05/02/2020Document Set ID: 805779

Attachment 2 - DA2020/0020 - Submitted plans and documentation

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TABLE OF CONTENTS

Table of Contents 2

A. The Site & Area 3

B. The Proposed Development 9

C. Compliance With Planning Controls 12

D. Assessment of Likely Impacts 20

E. Summary 21

APPENDICES LIST (Title page of each report/plan) 22

APP # 1 NSW Planning Portal Report 23

APP # 2 Development Plans of Proposal 24

APP # 3 Title, DP & 88B 25


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A. The Site and Area

The Site

The address and lot details of the subject land is Lot 8 DP 1103208, 942 Olympic Highway Nth, Young. The land is located approximately 6km from the Young Post Office in a north easterly direction. It is on the outer fringe of the rural small holdings and farmlet allotments of the township of Young and is ringed by rural lands with a mixture of uses that vary from mining to horticulture to broad acre farming and also some rural residential land to the south. The subject land is 58.616 hectares in size and presently has upon it the 2 motorcoss tracks with a shed shelter adjacent near the Olympic Highway frontage, and a farm shed and yard area on the Hewitts Road frontage. A compliant access from the Council Gravel dump widening at the corner of Olympic Highway and Hewitts Road was applied for and installed with prior development consents.

Fig # 1 – Locality Map

Fig # 2 – Closer SIX Map Cadastre


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Fig # 3 – Site Features on Google 2018 Aerial Image

Photo – View across Track A looking northeast

Photo – View across Track B looking southwest


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Photo = View of farm shed and various farm equipment/machines

Photo = Legal & Physical access to site approved by Council previous DA’s

The site has been pasture improved, laid out with internal roads and landscaping and is being set up for the owners long planned house which is due to be lodged with Council shortly. This large rural style property will have a mix of elements for the owners and seeking continuance of this former DA and the works done under it, will allow opportunity for one of his son’s who is a world class Moto X and SuperCross Dirt Bike Champion, when in Australia. The area of the subject allotment is 58.616 hectares and it is understood the owner has recently acquired one of the neighbouring allotments also making for a bigger holding. The title extract is below whilst all title and Deposited Plans are in the appendices to this report.


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Fig # 3 – Extract of Deposited Plan 1103208 (subject land is Lot 8)

The site is encumbered by easements for power and groundwater, yet none of these are in the proximity of the two areas for use as motorcross training. Present Access The site is currently served by legal and practical access (approved by Council) at the location marked in the SIX Aerial Map Site Features Map above. This was a location adjacent a gravel dump road widening used by the Council, and which has compliant safe intersection sight distance in both directions. The access was approved at the time of the original motocross track DA and confirmed at the time of the Farm Shed DA.

Existing indented gateway access


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Photo: Access looking south into gravel dump/road widening void

Photo: Access looking north to Olympic Hwy – note Bashams Lane opposite

The Site Context

The specific site of the 2 motocross tracks was established by way of a development application approved by Council on 17 February 2012 for the establishment and operation of these for the recreational use by the owner and his family, notably their youngest son who was becoming an emergent talent in the dirt bike disciplines.

Previously the owner and applicant for this DA had outgrown their prior dwelling and rural residential block in Thornell Rd close to Young, with Hayden Mellross starting to show some interest and drive for being on a motor bike. Complaints at that site drove the Dad, Darren Mellross to search for land far enough out of Town and with distance to neighbours, in order for his son’s passion to be pursued. The subject land was chosen and the owner being a prominent Builder in the region, sought to obtain all appropriate approvals for use of the land.

The approval was sought and granted and the tracks established, all plantings and appropriate measures put in place, and the development was realised. Whilst the approval was cautiously limited to a 1 year trial approval, for reconsideration based upon performance of the applicants, Hayden’s competition commitments and career took off, and his use of the site became sporadic after 12 – 18 months. An eye was taken off the


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ball in terms of re-applying to extend the consent. This application now seeks to formalise and extend that application as a functional but more structured use, now that Hayden is a World Class competitor with structured training and technique practise, being timed, rigorous and not just “kids hammering away on a motorbike”. The details of this proposed use for Council to consider, incorporates the elements described below in the Proposed Development Section. The 2012 application was viewed by neighbours, and occupants with scepticism and false fears back then. There were concerns for intrusive noise and dust, with some of the objectors and speakers at Council expressing these concerns living as far away as 1 – 1.5km in mid to lower Donges Rd. These properties are even over a ridge from the tracks as installed. During the 12 months of actual operation of the 2012 consent, the immediate actual neighbours offered no complaints whatsoever to Council and even became active onlookers when Hayden or his brothers trained. A nearby gravel quarry makes more consistent noise than this development did and the quarry itself has a negligible (if any) complaint history with Council. The land is sited well away from actual neighbours, and landform assists the development to be low impact on the amenity of those who reside nearby. This coupled with the structure that is now being applied for and sought in this application, will see a positive recreation facility result.


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B. The Proposed Development

The proposal is to seek to continue the use of the previously approved MotoCross tracks on the subject land yet to structure their use in line with this application. Development Consent 2011/DA-00238 was determined by Full Council on 17 February 2012 and condition 3 under Parameters of Consent set a sunset clause for modification and removal of the time constraint, subject to re-assessment after 10-12 months of initial operation. This was to monitor complaints, compliance and the like. In this section it is proposed to lay out and discuss the operational conditions and premise of the original application, revising same to the knowledge and needs of the occupants now that they are a world class athlete in this chosen sport. In the intervening years since the original approval, the owner’s son Hayden Mellross has since become a multiple time National Champion, and International Event Winner and Top 2 in the World in the sport of Motor Cross and Super Cross racing. With the rise in the ranks has come better organisation, sponsorship, training and disciplined coaching. Hayden still calls Young his home and as a result, will still need to keep his training routines in line with his required regimes to be able to compete at an elite level. The current tracks on the site were laid out in both of the key disciplines he competes in, and will not take much in the form of maintenance grading and watering to have them at elite training level. Profile interview with Australasian Dirt Bike Magazine - https://adbmag.com.au/editorial/interview-i-hayden-mellross/

The current parameters proposed for use include: Individual or rider and training partners (4 individuals per session = 4 sons, or son and 3 training partners);

• 4 sessions per day maximum

• Session is constituted as 30 mins on track, 30 mins recovery

• Ride days are Monday to Friday (inside of 9am to 5pm), Saturday (inside of 9am to 2pm)

• No riding on Sundays or Public Holidays Training Schools

• To be held in School Holidays


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https://adbmag.com.au/editorial/interview-i-hayden-mellross/


• Max potential of 2 training camps per year

• 30 days notice to be given to Council before any training session

• Same session and track numbers at any given time during session (4 actually on track – sessions 30 on & 30 off – 4 sessions per day)

How Does this fit with Current Consent Framework? Conditions 1 – 15 are either administrative or physical site work and maintenance. These have been applied and the site is far advanced from that presented to Council originally in 2011. Conditions 16 to 22 of Development Consent 2011/DA-00238 relate to the former application, which was for a keen young rider with no method or discipline to his approach or training. At that age and stage, it was probably a very real concern of Council that the family or friends may have ridden from sun-up to sun-down and potentially have been a seriously intrusive problem to neighbours or even people distant from the property. With a rise in skill, results, training, coaching and biomechanics, so too has this adjusted Hayden’s approach to training. Focussed efforts on the bike at technique and feel are now interspersed with off bike training, eating, cross training, video sessions and the like. Use of the track then will change as a result and with confidence the following amendments (discussed after the former quoted condition); Condition 16 - Only two motorcycles may be running and engaged in the activity of motorcycle track

work, on the given motorcycle tracks, at any one time.

As stated in the parameters now requested, the Owner seeks focussed sessions where up to the equivalent of his 4 sons, or a son and 3 training partners, may apply themselves at 4 sessions of 30 minutes on with 30 minutes off, on the nominal days. This could potentially occur daily, yet realistically with away & overseas training and national and international competition schedules, this would only occur when the sons get down time or home time sessions. The capacity needs to be within the consent as injuries, recovery and rehabilitation times (dangerous sport), and even lost competition form, may lead to recuperation or training at home base and therefore would not adhere to a given schedule. With focussed sessions and good separation of intervals, it is believed that this is a far better outcome than the original consent.

Condition 17 - Condition left blank

No comment required Condition 18 - The riding of motorcycles on the tracks provided shall be limited to between the hours

of 9am to 5pm during non daylight savings hour and 9am to 6.30pm during daylight savings hours. No riding or training of motorcycles on the tracks should occur on Sundays or Public Holidays.

As stated in the parameters now requested, the Owner seeks less hours than the original consent – no distinction on extra times for daylight savings is sought, merely 4 sessions of 30 on and 30 off per session. Again, it is believed that this is a far better outcome than the original consent.

Condition 19 - The maximum riding time for motorcycles or activity on the tracks before a break is taken shall be 1 hour. The minimum break time (no motorcycle activity on the premises) between 1 hour riding intervals shall be 2 hours.


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As provided for in this condition, this would allow 3 lots of 1 hour ride times per day = total 3 hours. As now provided there would be a maximum of 4 x 0.5 hours of actual ride time. Shorter, sharper intervals amounts to less total time and also less intrusion over length of time using the article. It is contended that the proposed new operating conditions offer less intrusion, if there was a perceived or known problem anyway, which time has shown their not o be.

Condition 20 - All vehicles (including motorcycles) operated in conjunction with the training tracks shall have roadworthy and registerable muffler/exhaust systems fitted complying so as to not exceed the maximum noise output permissible for that model or its roadworthy equivalent, as provided for under the NSW Motor Vehicle Standards.

This is an obligation of competition bikes that would be used at the facility regardless.

Condition 21 - Condition summary – development shall not exceed 5 dB(A) above background at

nearest house and to meet EPA Guidelines.

This is a standard condition for any potentially noise generating activity. This has not been a problem to date.

Condition 22 - Prior to any motorcycle use on the training tracks under the consent, the operator of

the motorbikes shall ensure that the track is wetted and kept free from dust generation actions of the activity, by way of watering the dirt areas in order to suppress dust. The water shall be derived from the bore fed track Accepted standard operating procedure.

With only minor adjustment to conditions 16, 18 & 19 it is believed this consent could be continued, made operational again and be a functionally better outcome. Again reiterated is the fact that these nominal general times need to be available due to the irregularity of the dominant user being back from National and International training and competition commitments, yet if back the available use times per the consent would be adhered to. Supplementary History – LEP Complications In 2013 after the consent had lapsed and the owner sought to try and apply for this approval again, the new Young LEP 2010 had come into force. The development was permissible on the land under the former LEP Young LEP – Rural Lands 1993, yet under the earliest iteration “recreation (outdoor)” had fallen by innominate use into the prohibition category for RU4 zoned land. Planning Proposal 2 or 3 to the LEP sought to fix this anomaly in conjunction with restructure of the Land Use Table after teething problems with the new LEP. This was highlighted by issues approving Tennis Courts and Swimming Pools on larger properties that may have been in multiple lots to the holding. Three of the four Recreation definitions were included in RU4 lands as Permitted With Consent, the only omission being Recreation Facilities (major). The above only frustrated the applicant and the process further with another year or so lost in identifying the LEP problem, reviewing similar issues, proposing a Planning Proposal and seeing it through. As the conditions are now right to re-propose the DA, and the dominant user has a more definite career with focussed training needs, has the application be right to prepare.


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C. Compliance with Planning Controls Young Local Environmental Plan 2010 The primary environmental planning instrument over this land is Young Local Environmental Plan 2010. A planning portal report has been extracted from NSW Planning and this is attached in the appendices. The land is zoned RU4 – Primary Production Small Lots. The objectives of this zone and this proposal’s consistency with these is stated.

RU4 Land Use Table Objectives Analysis

1 To enable sustainable primary industry and other compatible land uses.

Specifically designed for this purpose – NOT INCONSISTENT – uses small area of site allowing cropping or grazing on remainder of land

2 To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.

Providing a facility where others may make this happen – NOT INCONSISTENT – not applicable and is a permitted use

3 To minimise conflict between land uses within this zone and land uses within adjoining zones

Proposal and its use are specifically designed conducive to the site with a presentation primarily internal of the site with good ameliorations and design to offset same - CONSISTENT

Is development permissible within the zone? : Yes (Recreational Facilities – Outdoor) The range of permitted and prohibited uses is listed below;

2 Permitted without consent Environmental protection works; Extensive agriculture; Forestry; Home occupations

3 Permitted with consent Aquaculture; Bed and breakfast accommodation; Cellar door premises; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Helipads; Home-based child care; Home businesses; Home industries; Intensive plant agriculture; Mooring pens; Moorings; Mortuaries; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Research stations; Residential care facilities; Respite day care centres; Restaurants or cafes; Roads; Roadside stalls; Secondary dwellings; Signage; Veterinary hospitals; Water recreation structures; Water storage facilities

4 Prohibited Any development not specified in item 2 or 3

The Compliance Table below provides a summary of the relevant standards and these are addressed relevant to the broadness of possible usability anticipated.


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Compliance Table for YLEP 2010

Clause Requirement OK ? Explain (if necessary)

2.5 Additional permitted uses for particular land

If your proposed use is not permissible within the zone (and the Land Use Table) you should refer to Schedule 1 which includes some additional permitted uses for particular land.

n/a Not land identified in Sched 1 of LEP

2.8 Temporary use of land

The temporary use of land is permitted within any zone for a maximum period of 52 days within a 12 month period. The proposed temporary use must not: - have a negative impact on adjoining land or the

neighbourhood; - have a negative impact on environmental features

of the land, or increase the risk of natural hazards; and

- after the temporary use period the land shall be returned to the condition in which it was before the temporary use.

n/a Not anticipated as a temporary use DA

4.1 Subdivision If you are proposing to subdivide, does the proposed lot size comply with the Lot Size Map?

n/a Land is not anticipated to be subdivided or strata/community titled. Notwithstanding this, no LEP controls from minimum lot size in RE2 lands.

4.6 Exceptions to Standard

If your proposal varies from the standards contained within the YLEP (or within this compliance table) you should be include a written request explaining the reason for the non-compliance. Refer to Clause 4.6 in the YLEP 2010 for details.

no No exceptions to LEP standards being sought

5.3 Development Near zone boundaries

Impacts or permissibility adjacent present zone and neighbouring zone

n/a This land is within the RU4 zone and not adjacent a zone boundary.

5.4 Controls Relating to Miscellaneous Permissible Uses

Other various uses with further limits & controls noted None apply to Recreation Facilities (outdoor)

5.9 Preservation of Trees

If your proposal includes the removal of any trees you must check to ensure the species is not designated within the DCP. (no DCP applies to this LEP)

Noted No trees to be removed

5.10 Heritage Conservation

Is any part of your property an item of heritage or within a conservation area? Refer Heritage Map If so what changes are proposed to the heritage item / or the area within the conservation zone?

OK Item or locality not identified – no adjacent listed items

6.4 Sensitive Land Areas

This clause relates to sensitive land which may be steep, subject to erosion or salinity or other degradation. If your land is located within a “sensitive land area” as shown on the Natural Resources Sensitivity Land Map your proposal should include measures to protect and minimise the impacts of building on the land.

YES Location of subject development not covered by an affectation on the LEP Mapping in this regard – further to rear of property mapped only – see map below table.


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http://www.legislation.nsw.gov.au/fragview/inforce/epi+404+2010+pt.6-cl.6.3+0+N?tocnav=y



Compliance Table for YLEP 2010

Clause Requirement OK ? Explain (if necessary)

6.3 Water If your land is located within a Riparian Corridor” or an area of “Groundwater Vulnerability” on the Natural Resources Sensitivity Water Map your proposal should include measures to protect and minimise the impacts of building on the groundwater or water body.

OK Not covered by an affectation on the LEP Mapping in this regard

6.2 Biodiversity If your land is located within an Areas of High Biodiversity” on the Natural Resources Sensitivity Biodiversity Map your proposal should include measures to protect and minimise the impacts of building on the native fauna and flora.

OK Location of subject development not covered by an affectation on the LEP Mapping in this regard – further to rear of property mapped only – see map below table.

6.6 Salinity If your land is located within an Areas of High Salinity” on the Salinity Map your proposal should include measures to protect and minimise the impacts of building on saline soils


6.7 Highly Erodible Soils

If your land is located within an Areas of High Erodible Soils” on the Erodible Soils Map your proposal should include measures to protect and minimise the impacts of building on erodible soils


6.5 Flood Planning

Check with Council (or on your 149 certificate) to see if your land is at or below the “flood planning level”. If your land is flood prone then your proposal should show that it is compatible with the flood hazard, and should not increase risk to the environment, building, or life.

Not affected

Not covered by an affectation on the LEP Mapping in this regard

6.1 Earthworks

If your proposal is for earthworks (either excavation or land fill) you should seek consent if it will alter the level of the land by more than 600mm.

OK Existing and as detailed on the plans, the works only require minor grading shaping and wetting

Biodiversity mapping – source Planning Portal


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Natural Resource Sensitivity mapping – source Young LEP 2010 (NSW legislation)


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Applying Relevant Sections Young Development Control Plan 2011 (YDCP) In the absence of a DCP set of specific controls for this use and further Planning Policy, the most applicable self assessment of this proposal is provided, in order to review the good design and also the fit of this development.

Compliance Table for YDCP 2011

Clause Control If non-compliance state and address

Food Premises – Additional Provisions These controls apply to a food premises in any zone.

Where a kiosk is proposed in conjunction with a proposal the following controls apply:

• Food preparation and storage to enable easy cleaning;

• Food premises should comply with the Australian Standard for Food Premises (AS 4674);

• Provide customer sanitary facilities as per BCA;

• Comply with Council’s Trade waste Policy.

No kiosk or food preparation anticipated for this land use

Heritage Conservation Area Provisions These controls apply to a development in any zone affected by a heritage item or conservation zone.

Any development of a heritage item should be in accordance with the guidelines from the Heritage Office: Design in Context: Guidelines for infill development in Historic Environment.

No heritage item on the property and premises not identified in SHR, SHI or LEP Not in a HCA

Provide a heritage impact statement for development adjacent to a heritage item.

n/a

Commercial Style Development -

Servicing • All development to be serviced by underground electricity, water, sewer and telecommunications in accordance with the relevant authorities’ requirements and relevant Australian Standards;

• Development to provide a rainwater tank to amenities;

• Separate occupancies to have separate sanitary and stormwater drainage lines;

• Developments comply with Council’s trade waste policy.

Development self sufficient – bore for use of track watering exists, tracks exist and access onto the site exists. Ablutions available at Agricultural shed on premises adjacent Hewitts Rd


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Access and Parking • Access aisles, manoeuvring areas and parking should be in accordance with Council’s Engineering Guidelines for Subdivision and Development;

• Access driveways within the road reserve to be constructed of concrete;

• Kerb and guttering and footpath to be provided to all road frontages of the development,

• Customer and visitor parking to be clearly signed and is located at the front of the development, towards the primary street frontage.

• Vehicle access and egress is to be in a forward direction.

• Appropriate separation is provided between customers / visitors and the operational areas of the site.

• A clearly identified point of customer/visitor entry is provided;

No change to existing adjacent street parking which is more than adequate for the wider facility as demonstrated in project description above. 58 hectare allotment, limited occupant based usage, parking available adjacent Agricultural Shed where bikes would be stored. No change to existing accesses to the site Rural – not applicable

Not applicable however enough exists per above, no action required Existing no action required Existing no action required Not applicable, no action required.

Setbacks • Minimum front setback of 15 m (from a classified road frontage) and a setback of at least 6 m is provided from any other road for Industrial development;

• Minimum setback to rear boundary of at least 5 m ( unless the building is constructed to the boundary);

Existing development from prior assessment and approval

Buffers Buildings adjoining nonindustrial development:

• To be set back a minimum of 10 m from the property boundary;

• Do not have a wall height exceeding 8m;

• Do not produce any additional overshadowing of the adjoining property between the hours of 9am-3pm on the 21st June.

Existing development from prior assessment and approval

Noise and Vibration

• Building design and machinery to minimise any noise emissions;

See commentary above, conditions imposed and prior Council assessment.


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• If possible, locate machinery within buildings or otheracoustic treatment structures;

• Openings to the building which are usually open duringoperations should be directed away from sensitivereceivers such as residential housing;

• Building design and machinery installation to preventvibration transmission to adjoining properties or publicareas;

• The operating noise level of plant and equipment shouldnot exceed 5dBA above the background noise level whenmeasured from the property boundary.

A noise and vibration report may be required by Council.

General Design • The majority of offices and/or customer areas and/or stafffacilities to be located to address the primary road frontageand to be located in a part of the building that does notexceed one storey in height.

Plans attached that details what and where it exists on site.

Façade Treatment • The front façade of the building to be constructed from:- face brick or decorative masonry block; or- timber panelling, pre-coloured metal cladding, andglazing in conjunction with at least 30% of brick ormasonry block.

Not applicable

Landscaping and Fencing • Landscaping to be selected from schedule of tree species.Refer to Appendix G of this DCP;

• Landscaping to be provided to the primary streetfrontage(s) and to occupy 20% of the front buildingsetback;

• Vegetation to be planted should be a mixture of semi-mature species and seedlings/tube stock;

• Canopy trees to be provided on properties located onclassified roads between the front boundary and thebuilding line;

• Fencing to be of a uniform colour and material along allcommon boundaries;

• Solid fencing should be no more than 1.8m above thefinished ground level;

Works done per prior consent – not applicable


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• Maximum fence height of 2.4m

• Additional fencing, screen walls or screen vegetation to be provided to conceal unsightly areas from neighbour or public view;

• Fencing to a street or other public place is of open and durable construction.

Signage:

• Signage to be located to show business names but without detracting from the appearance of the area or causing issues for adjoining properties, road users, or others in the surrounding area.

No specific signage is anticipated

Car parking and Vehicle Access – these controls show the required parking rate for any commercial/industrial development – other uses examined also

Parking Rates Warehouse / Distribution Centre – 1 space / 100m2 of gross leasable area Office Premises - 1 space / 50m2 of gross leasable area Business Premises – 1 space / 35m2 of gross leasable area Industries – 1 space / 2 staff employed or 1 space / 100m2 of gross leasable area Squash courts, tennis courts and bowling alleys - 3 spaces per court or alley

Ample parking exists on site for mostly family and occasionally their training partners (within limits of consent discussed above)

Development Requiring Tree Removal or Lopping - These controls apply to commercial development in all zones other than RU1 and RU3.

Designated trees should be protected and retained where possible. Designated trees are defined within Section 4.3.1 of the YDCP

As stated above, no trees of note to be removed.

• Where a designated tree is removed it should be replaced by at least 2 trees local to the area of a similar size at maturity;

• Work should not occur within the drip line of a retained tree unless an arborist report has been prepared.


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D. Assessment of Likely Impacts of Development Construction Impacts All work exists on site, this is mostly a land use application as the works were done formerly and pursuant to DA 2011/00238. Only maintenance or anti pollution (sed/erosion and noise) conditions would apply. Privacy There is no anticipated loss of visual privacy to any residential neighbouring land use during construction as a direct result of the existence of the tracks, or their use. The development is set well back to not distract the users of Olympic Highway and below road level. The tracks are barely (if at all) visible from any nearby residence. Acoustic privacy would be managed to within daylight hours at intervals that would not become intrusive. The nearest receptor is >1km away and it is a rural area adjacent a quarry. Machinery (especially motorbike) usage on rural lands is common and would even at a distance fall into ambient noise. The noise control related conditions (<5dB(A) etc) conditions previously put in place did appear to work during the trial period of this past consent and are not objected to remaining. Overshadowing The proposal will not result in any overshadowing to any residential, rural or neighbouring lands. Economic and Social Impacts There are expected to be social and economic impacts within the locality, and these are anticipated to be mostly positive. Acclaim that a National & World Champion can use his home facility and spend time with family and friends and keep up his training regime, would appear to be a positive for the area. Environmental Issues

• Water quality, drainage and water supply

The development has been located specifically to address stormwater catchment, retention and OSD principles. Disposal of stormwater off the dirt track is through grassed surrounds then to farm dams. These capture sediment through multiple dams down through the catchment. This development is in the upper part of this micro-catchment. Town water is not relied upon for this development nor is it available. OSM & Effluent management is via an existing system at the Farm Shed. No major impact is foreshadowed having regard to disturbance of amenity type issues, like noise, air quality, odour or visual impacts from the initial build and presentation of the land for tenancy or occupation. The control conditions placed previously seek to ameliorate any concerns originally expressed and the focussed training and usage pattern proposed would only assist the former conditioning. No impacts on native vegetation, threatened species, populations, ecological communities and their habitats are anticipated as this land has been highly disturbed over a long period without any obvious sign of these flora or fauna. Access and Traffic The proposal is either a family, or family and friends type of development. Even at anticipated training camps there is a very large foredeck to the Farm Shed that would accommodate parking.


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E. Summary & Recommendation Track Maintenance/Configuration Change Each of the tracks is currently in a configuration that closely resembles a competition style track. There will be times (either annually or every second year) that the tracks will need to be reconfigured to keep up with the evolution of the sport. The “active workspace” that each track is within, is a dirt zone partially compacted and watered to achieve competition surface level. The dirt, jumps, bends and ripples can be reconfigured easily with backhoes, bobcats and similar plant over the course of a few days with only 1 or 2 plant operators. The owners reserve the right to reconfigure the tracks at these times/intervals, and during these periods will need to move the gravel and re-set the tracks to meet these needs. There will be no disturbance to surrounding pasture grassed areas, in order that adequate natural sedimentation and erosion control exists. The hours of use will be adhered to (9am – 5pm) during track reconfiguration, and strong attention will be paid to weather, sedimentation/erosion control supplementation, during those periods. Summary The development is commended to Council as it is a tried and tested development, just without its consent being in place. It was trialled previously and a nil complaint history after approval exists. This is now taken further to a series of controlled training time based usage requests that would mean less time on bike, better hours of use limits, and the knowledge that the dominant track user is a National and International Competitor who is away many weeks of the year at those venues. This application seeks to formalise approval, define the use better, and accept the environmental controls as placed previously. We trust this application, its explanation and set of policy compliance statements meets Council’s needs to adequately assess and determine this application in the affirmative. It is a carefully thought through, tried and tested development drawing on past proposal and assessments, along with a better fit after almost 10 years owning the property to fit within the neighbourhood.


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APPENDIX LIST

APP # 1 NSW Planning Portal Report APP # 2 Plans of Tracks as Exist APP # 3 Titles & Deposited Plans


240


APPENDIX 1 NSW Planning Portal Report


241


APPENDIX 2

PLANS OF DEVELOPMENT SITE DETAILS & TRACKS


242


APPENDIX 3

TITLE SEARCH & DEPOSITED PLANS & 88B


243

Motocross and Supercross Dirt Bike

Tracks Noise Assessment

942 Olympic Highway,

Young,

NSW 2594.

May 2020

Report No. nss23203 – Final

Prepared at the request of: -

Mellross Homes 326 Boorowa Street,

Young, NSW 2594

Prepared by: -

NOISE AND SOUND SERVICES

Spectrum House, 3 Cassandra Avenue, St Ives, NSW 2075

Tel: (02) 9449 6499 Mob: 0411 648 153 E-mail: [email protected] Website: www.noiseandsound.com.au

A member firm of the Association of Australasian Acoustical Consultants

ABN: 7277 134 9599

C O N T E N T S

Noise and Sound Services

244

Page

EXECUTIVE SUMMARY 1

1. INTRODUCTION 2

2. SITE AND DEVELOPMENT DESCRIPTION 2

3. CRITERIA 3

3.1 Hilltops Council DA Requirements 3

3.2 NSW Noise Policy for Industry 2017 3

3.3 Protection of the Environment Operations Act 6

4. NOISE MEASUREMENT 8

4.1 Background Noise 8

4.2 Noise Trigger Levels 8

4.3 On-Site Noise Measurements 8

5. NOISE SOURCE MODELS 10

5.1 Noise Modelling Specifications 10

5.2 Basic Noise Modelling Equations 11

5.3 Noise Modelling Results 11

6. ASSESSMENT 12

6.1 Objective Assessment 12

6.2 Subjective Assessment 12

7. RECOMMENDATIONS 13

8. CONCLUSION 13

APPENDIX A – GLOSSARY OF TECHNICAL TERMS 14

245

Report nss23203 – Final Page 1

EXECUTIVE SUMMARY

It is proposed to reinstate and continue the use of two, prior approved,

Motocross/Supercross tracks on the subject land for training purposes. Hence a

noise survey and assessment at Lot 8, DP 1103208, 942 Olympic Highway,

Young has been carried out. The purpose of the survey and assessment is to

supply Hilltops Council with their request for an acoustic report demonstrating

that the proposal will comply with noise trigger levels when assessed under the

NSW Government’s Noise Policy for Industry 2017 (NPfI). The Protection of

the Environment Act 1997 (POEO) is also considered.

All nearby dwellings or neighbouring properties have been identified and the

rating background noise level (RBL), the overall single-figure background level

representing the relevant assessment period used for assessment purposes, is set

at 35 dBA in line with the minimum as given by the NPfI.

Based on on-site noise measurements for two motorcycles and noise modelling

for up to four motorcycles on one of the two tracks, it is shown that the noise

trigger level (LAeq, 15 minute) of 42 dBA for events lasting not more than 1.5 hours

per day), as given in the NSW Noise Policy for Industry, will be met at all nearby

dwellings and neighbouring properties whilst the activity is in operation.

Offensive noise needs to be adjudicated by an authorised officer from a

regulatory authority, however the offensive noise checklist as is given in the

NSW Government’s Noise Guide for Local Government is used here to assess

offensive noise as given in POEO Act. Using this list as a guide, it is unlikely that

the authorised officer would consider the subject noise as offensive. However, the

bike noise is still likely to be audible at nearby dwellings and hence, it is

recommended that an effective community relations program, see section 7 of the

report, to keep the neighbours informed is put into place.

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1. INTRODUCTION

Noise and Sound Services was requested by Hayden Mellross to carry out a

noise survey and assessment at Lot 8, DP 1103208, 942 Olympic Highway,

Young, NSW 2594. It is proposed to reinstate and continue the use of two, prior

approved, Motocross/Supercross tracks on the subject land for training purposes.

The development application (DA) number is DA2020/0020.

The purpose of the survey and assessment is to supply the Hilltops Council with

their request for an acoustic report demonstrating that the proposal would comply

with noise trigger levels when assessed under the NSW Government’s Noise

Policy for Industry (2017). The Protection of the Environment Act (1997) is also

considered.

2. SITE AND DEVELOPMENT DESCRIPTION

The proposed development is at Lot 8, DP 1103208, 942 Olympic Highway,

Young, NSW 2594.

Figure 1. Site Plan Showing Local Dwellings and Noise Measurement Points.

Original Source: Google Earth.

The distance from the centre of the track to the nearest dwellings are shown in

Table 1 below.

10 Hewitts Road 27 Hewitts Road

16 Hewitts Road

Track 1

Bashams Lane

7 Donges Road

MP 1

MP 2

MP 3

To Dwelling

Track 2

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TABLE 1 - THE DISTANCE FROM THE CENTRE OF TRACK 1 TO

THE NEAREST DWELLINGS

Neighbouring Dwelling Approximate Distance from the

Centre of the Track (metres)

27 Hewitts Road 460

10 Hewitts Road 500

16 Hewitts Road 700

7 Donges Road 850

Bashams Lane 1200

3. CRITERIA

3.1 Hilltops Council DA Requirements

Hilltops Council have stated that the application is to be supported with an

acoustic report that the proposal would comply with the NSW Noise Policy for

Industry and the Protection of the Environment Operations Act 1997. The

Hilltops Council letter dated 01/04/2020 states the following: - “… that when

there are 4 motorcycles riding at any time, the decibel levels will not exceed more

than 5 dB(A) above the background when measured at any dwelling near or

neighbouring property whilst the activity is in operation and the noise level is not

offensive noise.”

3.2 NSW Noise Policy for Industry (2017)

It is explicitly stated in the NSW Noise Policy for Industry (NPfI) that the policy

does not apply to sporting facilities, including motor sport facilities. However, as

Hilltops Council has specifically mentioned the NPfI in their letter dated

01/04/2020 some of the relevant aspects of the policy have been applied for this

assessment.

The assessment procedure for industrial and commercial noise sources given in

the Noise Policy for Industry (2017) has two components: -

• Controlling intrusive noise impacts; and

• Maintaining noise level amenity.

Both components are taken into account when determining a project noise trigger

level. The project noise trigger level is a level that, if exceeded, would indicate a

potential noise impact on the community, and so ‘trigger’ a management

response. The project noise trigger level reflects the most stringent noise level

requirement.

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3.2.1 Intrusive Noise Impacts

The NSW Government in their Noise Policy for Industry (2017) states that:- ‘The

intrusiveness of an industrial noise source may generally be considered

acceptable if the level of noise from the source (represented by the LAeq

descriptor), measured over a 15-minute period, does not exceed the background

noise level by more than 5 dB when beyond a minimum threshold.’

The perception of noise and its level of offensiveness depend greatly on the

broader situation within which it occurs. Noise that might intrude into a resting or

sleeping place may be found offensive whereas the same noise occurring in a

marketplace or noisy working area may pass unnoticed. The concept of

‘background + 5 dB’ derives from this consideration.

The Noise Policy for Industry defines the background noise level as ‘the

underlying level of noise present in ambient noise, generally excluding the noise

source under investigation, when extraneous noise is removed’.

‘Sound levels contributing to background levels can include sound from nearby

traffic, birds, insects, animals, machinery and similar sources, if these sounds are

a normal feature of the location. The background noise level is represented by

the LAF90, 15 min descriptor when undertaking short-term monitoring.’

The Rating Background Level is used for assessment purposes. This is the single-

figure background noise level derived from monitoring over a representative

period of time typically one full week. The outcome of this approach aims to

ensure that the intrusiveness noise level is being met for at least 90% of the time

periods over which annoyance reactions can occur (taken to be periods of 15

minutes).

The Noise Policy for Industry applies minimum assumed RBLs which result in

minimum intrusiveness noise levels as follows:

TABLE 2: MINIMUM ASSUMED RBLS AND PROJECT

INTRUSIVENESS LEVELS

Time of Day Minimum assumed RBLs Minimum intrusiveness noise levels –

LAeq, 15 min

Day 35 40

Evening 30 35

Night 30 35

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3.2.2 Protecting Noise Amenity

In the Industrial Noise Policy it is stated that ‘To limit continuing increases in

noise levels from application of the intrusiveness level alone, the ambient noise

level within an area from all industrial noise sources combined should remain

below the recommended amenity noise levels specified in Table 2.2 where

feasible and reasonable.’

The relevant part of the NSW Government’s recommended levels are given in

Table 3 below.

TABLE 3: AMENITY NOISE LEVELS

Receiver Noise amenity

area Time of day

Recommended

amenity noise

level - LAeq, dB(A)

Residential Rural Day Evening

Night

50

45

40

Suburban Day Evening

Night

55

45

40

Urban Day Evening

Night

60

50

45

Commercial premises All When in use 65

Industrial premises All When in use 70

Industrial interface –

residential receiver

only

All All Plus 5 dB to

recommended

amenity noise level

The recommended amenity noise levels represent the objective for total industrial

noise at a receiver location, whereas the project amenity noise level represents the

objective for noise from a single industrial development at a receiver location.

For a residence, the project noise trigger level and maximum noise levels are to

be assessed at the reasonably most-affected point on or within the residential

property boundary or, if that is more than 30 metres from the residence, at the

reasonably most affected point within 30 metres of the residence, but not

closer than 3 metres to a reflective surface and at a height of between 1.2–1.5

metres above ground level. This should not be read to infer that the project noise

trigger level (or a limit in a statutory document) applies only at the reasonably

most-affected location.

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Correction for duration: this is applied where a single-event noise is continuous

for a period of less than two and a half hours in any assessment period. The

allowable exceedance of the LAeq,15 minute equivalent noise criterion is shown in

Table 4 below (Table C3 in the NPfI) for the duration of the event.

TABLE 4: ADJUSTMENT FOR DURATION.

Allowable duration of

noise (one event in any

24-hour period)

Allowable exceedance of LAeq,15min equivalent

project noise trigger level at receptor for the

period of the noise event, dB(A)

Daytime and evening

(7 am–10 pm)

Night-time

(10 pm–7 am)

1 to 2.5 hours 2 Nil

15 minutes to 1 hour 5 Nil

6 minutes to 15 minutes 7 2

1.5 minutes to 6 minutes 15 5

less than 1.5 minutes 20 10

It does state that this adjustment is designed to account for unusual and one-off

events and does not apply to regular and/or routine high-noise level events.

However in this case the noise impact of bike riding for many hours per day

would have a greater impact than for a time period of 2.5 hours or less and

limiting the duration in any one day would be an appropriate noise mitigation

method. Therefore, it is appropriate to apply the NSW Government’s adjustment

for duration in this case.

3.3 Protection of the Environment Operations ACT 1997

Offensive noise is defined in the NSW Protection of the Environment Operations

Act 1997 (POEO Act) as being noise: -

a) that, by reason is of its level, nature, character or quality, or the time at

which it is made, or other circumstances:

i. Is harmful to (or is likely to be harmful to) a person who is outside

the premises from which it is emitted, or

ii. interferes unreasonably with (or is likely to Interfere unreasonably

with) the comfort or repose of a person who is outside the

premises from which it is emitted, or

b) that, is of a level, nature, character, or quality prescribed by the

regulations or that is made at a time or in other circumstances,

prescribed by the regulations.


regulatory authority, however an offensive noise test with a checklist of

considerations is given in the NSW Government’s Noise Guide for Local

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Government EPA 2013/0127 May 2013. This can be used here to assess

offensive noise as given in POEO Act.

“Q1: Is the noise loud in an absolute sense? Is it loud relative to other noise in

the area? This establishes that the noise is likely to be heard by neighbours. Its

volume alone may be annoying. An example would be music being played at a

very high volume in a residence so it can be heard over very noisy activity

outside, such as construction work. The noise may also be loud relative to the

background noise. An example would be loud fireworks set off late at night. Noise

measurements using a sound level meter would help to determine how loud the

noise is relative to the background noise level in the area.

Q2: Does the noise include characteristics that make it particularly irritating?

The presence of tones, impulses or fluctuations in volume can make people more

likely to react to the noise. These can be judged subjectively but noise

measurements will help to quantify the extent of these characteristics. Examples

might be screeching sounds from poorly maintained equipment or a ‘beeper’

alarm that uses a pulsed sound made up of one or two alternating frequency

tones, usually higher pitched, that are louder than the background noise in the

area.

Q3: Does the noise occur at times when people expect to enjoy peace and quiet?

People usually expect their surroundings to be quieter during the evening and at

night. Talk to the complainants about how the noise affects them to see if it is

interfering unreasonably with their comfort at home. Is it regularly disturbing

their sleep, making it difficult to have a conversation, study, read or hear the TV?

Noise that regularly disturbs sleep is likely to be considered offensive by

complainants and this should be taken into account in your assessment.

Q4: Is the noise atypical for the area? Where noise from an activity that is

causing nuisance is new or unusual for an area, people are more likely to react.

Look at the typical uses of the area and determine whether the activity is

consistent with the local environmental plan. An example might be a community

event with amplified music affecting a residential area that has not traditionally

been affected by such events.

Q5: Does the noise occur often? Noise can be more annoying when it occurs

frequently. Examples might be a leaf blower used every morning or a band that

practises frequently without regard to the impact on neighbours.

Q6: Are a number of people affected by the noise? Only one person needs to be

affected by the noise for it to be deemed offensive. However, talking to other

neighbours likely to be exposed to the same noise about how it affects them may

assist in deciding what action to take. Some councils have a policy of requiring a

minimum number of complaints from different individuals before taking formal

action.”

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4. NOISE MEASUREMENTS

4.1 Background Noise

As stated above, the rating background noise level (RBL) is the overall single-

figure background level representing each assessment period (day/evening/night)

over the whole monitoring. The rating background noise level is the level used

for assessment purposes. Where the rating background noise level is found to be

less than 35 dBA, for the daytime period as in this case, then it is set to 35 dBA

(see page 48 of the NPfI).

4.2 Noise Trigger Levels

The noise trigger level (LAeq, 15 minute) is 42 dBA (from 35 dBA background plus 5

dB plus 2 dB for events lasting not more than 1.5 hours per day) and noise trigger

level (LAeq, 15 minute) is 45 dBA (from background plus 5 dB plus 5 dB for events

lasting not more than 1.0 hours per day).

4.3 On Site Noise Measurement 4.3.1 Instrumentation

The instrumentation used during the noise source survey consisted of two Brüel

and Kjær sound level meters model 2250 (serial numbers 3008564 and 3011239)

and an ‘ARL’ Environmental Noise Logger (serial number 194550).

The meters conform to Australian Standard AS IEC 61672.1-

2004 : ‘Electroacoustics - Sound level meters – Specifications’ as class 1

precision sound level meters and have an accuracy suitable for both field and

laboratory use. The logger conforms to Australian Standard 1259 "Acoustics -

Sound Level Meters", (1990) and has an accuracy suitable for both field and

laboratory use.

4.3.2 Calibration

The calibration of the meters and the logger was checked before and after the

measurement period with a Brüel and Kjær acoustical calibrator model 4231

(serial no. 3011545). No significant system drift occurred over the measurement

period. The sound level meters were checked, adjusted, and aligned to conform to

the Brüel and Kjær factory specifications and issued with conformance

certificates within the last 24 months as required by the regulations. The logger

was checked, adjusted and aligned to conform to the ARL factory specifications

and issued with conformance certificates within the last 24 months as required by

the regulations. The calibrator was checked, adjusted and aligned to conform to

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the Brüel and Kjær factory specifications and issued with conformance

certificates within the last 12 months as required by the regulations.

4.3.3 Measurement Procedure

Freefield noise measurements were carried out, on site, in line with Australian

Standard 1055 (Acoustics - Description and Measurement of Environmental

Noise) 2018.

The measurements were carried out on Wednesday 6th May 2020 (see Appendix

A below for full results). The ‘A’ frequency weighting, 1/3 octave band

frequency analysis and ‘fast’ time weighting were used exclusively. The weather

was mild and sunny, 17 ℃ with negligible wind. The measurements were carried

out when two motorcycles (one 4 stroke and one 2 stroke) were using the track. It

was reported that riding was at the normal speed and way the track is used and

included motorcycle jumps from slopes. The measurement locations are shown in

Figure 1 above.

Figure 2. Photographs of On-Site Plan. ‘A’ Showing the Track and the Sound

Level Meter and ‘B’ showing the Noise Logger with the Track in the Distance.

4.3.4 Measurement Results

The measurement results are shown in Tale 5 below.

A B

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TABLE 5: MEASUREMENT RESULTS

Measurement Position (MP)

See Figure 1 above.

Approximate Distance

from the Centre of the

Track (meters)

Sound Pressure Level

(LAeq, 15 minute) dBA

MP1 147 58

MP2 157 56

MP3 410 44

The third octave band analysis of the motorcycle sound levels at MP1 are shown

in Figure 3 below.

Figure 3. Third Octave Band Analysis of the Motorcycle Sound Levels at MP1.

5. NOISE SOURCE MODELS

Noise models and calculations have been prepared for the occurrence of noise

emissions from the development. This section provides details of the models and

calculations applicable to the development.

5.1 Noise Modelling Specifications

The sound pressure level from a source noise has been modelled using the

International Standard ISO 9613-2 (1996(E)) ‘Acoustic – Attenuation of sound

during propagation outdoors Part 2 General method of calculation’. This

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Standard specifies methods for the description of noise outdoors in community

environments. The method described in the Standard is general in the sense that

it may be applied to a wide variety of noise sources and covers the major

mechanism of attenuation. The method allows for downwind propagation

conditions within an angle of ± 45° of the direction connecting the centre of the

dominant sound source and the centre of the specified receiver region with the

wind blowing from source to receiver, and wind speed between approximately 1

m/s and 5 m/s measured at a height of 3 m to 11 m above the ground.

5.2 Basic Noise Modelling Equation

The equivalent continuous downwind sound pressure level (LAeq) at each receiver

point can be calculated for each noise source using the equation below: -

LAeq = Lw + Dc – A

Where:

Lw is the sound power level of the noise source.

Dc is directivity correction; and

A is the attenuation that occurs during the propagation from source to

receiver.

The attenuation term A in the equation above is given by: -

A = Adiv + Aatm + Agr + Abar + Amisc

Where:

Adiv is the attenuation due to geometric divergence.

Aatm is the attenuation due to atmospheric absorption.

Agr is the attenuation due to the ground effects.

Abar is the attenuation due to a barrier; and

Amisc is the attenuation due to miscellaneous other effects.

No neighbouring dwelling have direct line of sight to the track and this is

taken into account at this site as an effective barrier in the term Abar being 6

dBA.

The last term (Amisc) generally refers to miscellaneous propagation through

foliage, industrial sites and areas of houses and is not included in the model

for this case.

5.3 Noise Modelling Results

The sound pressure level results at the nearest neighbouring properties are shown

in Table 6 below.

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TABLE 6 - THE DISTANCE FROM THE CENTRE OF THE TRACK TO

THE NEAREST DWELLINGS

Neighbouring

Dwelling

Approximate

Distance from the

Centre of the

Track (metres)

Sound Pressure Level (LAeq, 15 minute)

dBA

Two

Motorcycles

Four

Motorcycles

27 Hewitts Road 460 36 39



7 Donges Road 850 28 31

Bashams Lane 1200 25 28

6. ASSESSMENT

This section of the report discusses the measurement results at the site of the

proposed development.

6.1 Objective Assessment

Based on on-site noise measurements and noise modelling it is shown that the

noise trigger level (LAeq, 15 minute) of 42 dBA for events lasting not more than 1.5

hours per day as given in the NSW Noise Policy for Industry will not be

exceeded at all nearby dwellings and neighbouring properties whilst the activity

is in operation.

6.2 Subjective Assessment

The answers to the offensive noise test are given below.

A1: The motorcycle noise at nearby dwellings is below 40 dBA and hence is not loud in

an absolute sense.

A2: There are no screeching sounds from poorly maintained equipment or a ‘beeper’

alarm, tones or characteristics that make the sound particularly irritating.

A3: The noise does not occur at sensitive times such as night-time, early morning and

evening when people expect to enjoy peace and quiet

A4: The noise from motor vehicles is typical in the area due to many car, motorcycle and

particularly truck movements along the Olympic Highway.

A5: The noise does occur regularly (four days per week) but only for short periods (1.5

hour per day).

A6: The track has been specially set in an area that does not have many people to be

potentially affected by the noise.

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7. RECOMMENDATIONS

It is considered that the proposal to reinstate and continue the use of one of the

two prior approved Motocross/Supercross tracks would comply with the NSW

Noise Policy for Industry and the Protection of the Environment Operations Act

1997. Only one of the tracks should be used an any one time with no more than

four bikes. However, the bike noise is still likely to be audible as nearby

dwellings and hence, it is recommended that an effective community relations

program to keep the neighbours informed is put into place. The community is

likely to be more understanding and accepting of the noise where the information

provided is frank, does not attempt to understate the likely noise impacts and if

commitments made, they are firmly adhered to. It is important for all on-site use

of the track to be considerate of people who live nearby so they are not subjected

to unnecessary or excessive noise.

A range of media should be used to notify the community of the days and times

the track will be in use with start times and finish times (finish time must then be

strictly adhered to). This might include the use of individual contact, text

messages, letterbox drops or community meetings. Contact details for complaints

and further information, including mobile phone numbers, should be readily

available to the community. Complaints should be recorded and managed in

conformity with the plan to ensure a prompt and fair response.

8. CONCLUSION

It is shown that the intrusive noise trigger level (LAeq, 15 minute) of 42 dBA for the

proposed motorcycle events (for event lasting less than 1.5 hours per day) and

45dBA for the proposed motorcycle events (for event lasting less than 1.0 hours

per day) will not be exceeded at all nearby dwellings and neighbouring properties

whilst the activity is in operation. In addition, the amenity criteria of 50 dBA will

not be exceeded


regulatory authority, however using the offensive noise checklist it is unlikely

that the authorised officer would consider the subject noise as offensive.

The bike noise is still likely to be audible as nearby dwellings and hence, it is

recommended that an effective community relations program to keep the

neighbours informed is put into place.

Status Date Prepared by:

Draft 15th May 2020 Ken Scannell MSc MAAS

Status Date Checked by:

Draft 16th May 2020 Mark Scannell BA MAAS

Status Date Issued by:

Final 20th May 2020 Ken Scannell MSc MAAS

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Important Note. All products and materials suggested by ‘Noise and Sound Services’ are selected

for their acoustical properties only. All other properties such as airflow, aesthetics, chemical,

corrosion, combustion, construction details, decomposition, expansion, fire rating, grout or tile

cracking, loading, shrinkage, ventilation, etc are outside of ‘Noise and Sound Services’ field of

expertise and must be checked with the supplier or suitably qualified specialist before purchase.

APPENDIX A – GLOSSARY OF TECHNICAL TERMS

‘A’ Frequency Weighting – The most widely used sound level frequency filter

is the A scale, which roughly corresponds to the inverse of the 40 dB (at 1 kHz)

equal-loudness curve. Using this filter, the sound level meter is less sensitive to

very high and, in particular, very low frequencies. Sound pressure level

measurements made with this filter are commonly expressed as dBA.

Ambient Sound – The all-encompassing sound associated with that environment

being a composite of sounds from many sources, near and far.

Decibel (dB) – The logarithmic ratio of any two quantities and relates to the flow

of energy (power). Scale used for acoustic measurement related to power, pressure

and intensity. Expressed in dB, relative to standard reference levels.

Energy Average Levels (LAeq, T) – The LAeq level represents the average noise

energy during the measurement period (T). This level is used to describe the

source noise and when the source noise is not present it is used to describe the

‘ambient’ noise level.

‘Fast’ Time Weighting – The root-mean-squared energy averaging of the sound

pressure with time. ‘Fast’ time weighting is 125 milliseconds.

Sound Pressure - Sound Pressure is the force (N) of sound on a surface area (m2)

perpendicular to the direction of the sound. The SI-units for the Sound Pressure

are N/m2 or Pa.

Sound Pressure Level (Lp) - Sound pressure level is a logarithmic measure of

the square of the sound pressure in comparison to a specified reference level (20

µPa). The unit less decibel term is a measure of the sound imission of a source at

a specified distance. When ‘A’ frequency weighted the symbol becomes LPA.

Rating Background Level (RBL) – The median value of the tenth percentile

value (ABL) for the recorded LA90 levels for each day, evening and night period

over the complete 7 days or more of noise monitoring. The tenth percentile is

also referred to as the Assessment Background Level (ABL).

Assessment Background Level (ABL) – The tenth percentile value of the

recorded LA90 level for each day, evening and night period.

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Attachment 3 - DA2020/0020 - Public Submissions

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MELLROSS STC REPLY 14 APRIL 2020 1

14 April 2020

The General Manager Hilltops Council Locked Bag 5 YOUNG NSW 2594

Att: Manager Planning Director Sustainable Growth

Dear Sir/Madam,

Re: DA 2020/0020 – MotoCross/SuperCross Training Tracks Use 942 Olympic Highway Young (D & T Mellross)

Further to the Council request dated 1 April 2020, the following explanation and further responses are offered.

Issue # 1

Noise: The application is not supported by an acoustic report demonstrating that the proposal would comply with the NSW Noise Policy for Industry and Protection of the Environment Operations Act 1997. The cumulative noise impact of 4 riders (up from 2) is not considered by the application. An acoustic report should be prepared to support the assumptions in the documentation supporting the application.

The Policy quoted does not apply to a recreational activity that is not in a commercial (competition with spectators) setting. It is a training track, on rural lands, permissible in the zone and some 450m from the nearest dwelling (not owned by the applicant) and over 700m to other closest dwellings in rural/rural res setting. On neighbouring farms there are working and recreational use of motorbikes without consent that would cause more intrusive noise than this focussed and reasonably infrequent use.

Council records will show that since the trial DA lapsed there has been few (if any) complaints put to the Rangers or the Planning Staff. Up until 3 years ago there were none documented that the writer was aware of in his time on Council, only those stimulated by the first DA, as lodged.

My understanding is that the Applicant will be sourcing a Noise Assessment nonetheless

Issue # 2

Land use conflict: The proposal is inconsistent with the Young Local Environmental Plan 2012 RU4 zone objective to minimise conflict between land uses within the zone. The proposal will create a land use conflict with existing residential developments in the locality.

Attachment 4 - DA2020/0020 - Applicant’s response to submissions

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This can be broken into two main points to discuss; Land Use & Objectives of Zone. Land Use – there can be no inconsistency with the zone when the use is actually permissible. Council made a conscious choice to do a Planning proposal to permit this use (primarily for this development) and also regional MotoCross trials that had been held each year near Bendick Murrell and also Monteagle (DA’s are in the system for these). Planning Proposal No 7 (Sep 2014) is attached and will bare this out. This land use made it through full Council the first time lodged and had a trial sunset of 12 months. The applicant’s son’s career took off along with his very busy business, and the ball got dropped on re-applying, however it was seen then that the use was reasonable. Zone Objectives – every zone table in every LEP has the objective of minimising conflicts between uses. It is the purpose of Part 4 of the EP & A Act and the DA process that distinguishes by assessment, the reasonableness of a proposal. As stated in the SEE, there is a gravel mine, broad acre farming, intensive use farming, rural residential, home occupations and home industries in the 1km radius around this development. Which use is the average use? Which use sets the benchmark as to what is to be conflicted by another? Council would hold no (or very few) complaints about the gravel pit, none about trail bike use on farms, reasonably few about scare guns on orchards nearby and most likely none about home shed grinding and fabrication in home and rural workshops. The STC letter makes the statement that the proposal will create a conflict between it and existing residential developments. Firstly there is NO residential zoned lands for >5km from this land. The proposal is set within rural lands (small to large holdings) that do permit dwellings as part of their development. The applicant is intending to build his own >900 sq.m dwelling on this same land and this is with the design team now before going in front of a Certifier as a CDC. The conflict appears to be subjective and not objectively put. Council has already considered this development in equivalent weight some 6 years ago. The applicant has carefully heeded lessons learnt from the past approved DA and spread the time intervals, limited the time on track, and will have only 2 riders on track at any time, even if a 4 bike training session. It is strongly put in the SEE that there is less bike time on track than the previous approved DA. All works (landscaping, fencing, site organisation) was all done at considerable outlay, the only foul being the missing of the reapplication date under the 1 year sunset DA. This proposal is not reinventing anything, it is a measured application based on the past and reinterpreted with the science of an elite athletes specific training regime that is far more balanced than the youthful exuberant junior who this work was originally applied for. This land was specifically sought due to complications at the prior land in Thornell Rd very close to the R1 zoned lands of Town. The applicant has held discussions with most of the prior objectors to DA number 1 and is in a clearer position as to how this will now work and where Hayden Mellross is now at in his world title career. Vast slabs of the year Hayden will be competing overseas and the track will lay dormant. Use within the guidelines sought in this DA are for when he is in the Country, at home or recovering from lay times. The land lies a good distance from Donges Rd dwellings >750m and the measured use proposed (during daylight hours) would be an entirely reasonable proposition compared to other uses on rural lands nearby. Issue # 3 Traffic safety: The proposal is visible from public roads and will be a distraction for motorists. Clause 101 of State Environmental Planning Policy (Infrastructure) 2007 is not considered by the documentation supporting the application. This matter was addressed in depth at DA number 1. Extensive planting to boundaries with the Olympic Way have been carried out, however this remains a moot point. Within the wider region there are many number of potential distractions to motorists as compared with occasional motorbikes on a track which can only be caught (if looking) for mere seconds.

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Examples around our area include wind turbines of greater than 50m height and less than 50m from a regional road through Upper Lachlan Shire, massive Winery Buildings adjacent a State Highway in Griffith, tourist features of enormous canal diggers on the Kidman Way in Murrumbidgee Shire, and even a Tractor on a Stick in Hilltops Shire.

Trees have been planted and are maturing nicely, the land is below road level, the window of distraction (if even seen at the measured and low level of use proposed) is low and the scale compared with other regional distractions is very very low. This matter was conditioned by way of landscaping at DA number 1 and also screened on one track by a shed. This is considered a non significant issue as it pales into comparison with the other conflicts noted above and has already been dealt with at a past DA. Assessing staff should review the report to Council on the last DA for most of the measures raised.

Issue # 4

History of non-compliance with past time limited development consent in terms of noise, time limits, complaint handling and reporting measures and lapsing of consent.

Up until DA Number 1 and to a point during that DA, the youthful and exuberant potential motocross star son, rode as hard and often as he could making the conflict and concern quite an issue, one that has possibly frozen the opinion of neighbours from that time. This DA has learnt from all of this and is now a wiser DA from elite training, medical experts advice, modern training techniques and the like. Riding and training on-bike are a calculated time frame with specific techniques employed, not just a go hard session for as long as possible.

It is accepted that DA number 1 did lapse and riding has occurred at the tracks since. Not as much as originally prior to DA number 1, yet we have seen Hayden’s career catapult to number 2 in the world and a force at many international meetings with a strong presence on American circuits. If he is overseas, the track is not in use. Hayden is a giving person and has chosen to do some camps and the like to give back to his region so that up and coming riders can get some of his knowledge. These no longer occur in this region and the push to sort this DA out is now the focus in order that it can be a legitimate concern following the rules. It will be his parent’s home block soon and this even more directs the focus toward compliance.

Humility is shown as to the lapsing of the consent and this is the reason the DA is now before Council to do the right thing. No other track exists for over 250km and necessity became a driving factor. This is regretted.

Issue # 5

Training school specific details about the training camps operations have not been provided in the documentation supporting the application i.e. parking, amount of days, which school holidays, how many participants, what other activities will take place and how they will impact on neighbours.

It i anticipated that a training camp would comprise a maximum of 8 students. This would comprise 4 at track (2 on track at any one time), with 4 on training/theory thereby adhering to that sought for track use.

As stated in the SEE, the existing workshop shed on site has a very large foredeck/vehicle courtyard that could easily accommodate 8 vehicles with or without trailers and also the farm machinery stored in the shed, without any conflict.

No camp would exceed 5 days and it is envisaged that a maximum of 2 camps per year may occur depending upon Hayden’s overseas and competition/training commitments. Some years they may not occur due to racing, training or injury/rehabilitation commitments.

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Issue # 6

Economic impact on surrounding residential property values.

This is not a consideration under the Environmental Planning and Assessment Act, 1979 able to be entertained in a Part 4 evaluation. This is a very subjective matter and has been held time and again by the Land and Environment Court as to not be one which a Planner or Council should involve themselves in because it is opinion and not credible fact.

For this even to be raised in a Stop the Clock letter is of significant harm to my client’s case due to the assessing staff forming a prejudice based on an objection that cannot be entertained. Nearly every DA put forward could be sunk or inflated based on this highly inflammatory issue. A DA should be assessed on its merit and the 125 heads of consideration raised under 4.15 (formerly sec 79C) of the Act.

Assessment of the likely “social and economic impacts in the locality” under 4.15 is related to impacts on the public domain, not on the residual affect of one properties improvements over another. Council and Land Valuers would not have enough time to debate the differences in architecture, colour schemes or land uses of all permissible developments and how they affect their neighbours. Were this the case, CODES SEPP could never have been developed theoretically.

Again it is reiterated, this is a permissible development in this zone. The assessment should be based around the HOW and the fit, not the proposal’s prohibition on grounds not able to be assessed.

Issue # 7

Given the above, Council requests an acoustic report by a suitably qualified person be prepared confirming that when there are 4 motorcycles riding at any time, the decibel levels will not exceed more than 5 dB(A) above background when measured at any dwelling near or neighbouring the property whilst the activity is in operation and the noise level is not offensive noise.

As stated previously, the applicant is seeking to engage a Noise Consultant for an appropriate level of report.

My client and I will gladly meet with Staff to go over these points once the noise report has been furnished and the above additional comment is evaluated.

Yours sincerely

K CRAIG FILMER B. App Sc (Env Health) – Building Surveillance Major

MAIBS; MEHA; BPB-A1 Certifier (LG-945)

Development & Environmental Health Specialist

DA BUSTERS Pty Ltd

280

1

Andrew Raines

From: Craig Filmer <[email protected]>Sent: Monday, 25 May 2020 8:42 AMTo: Hilltops Mail; Claire Scott; Andrew RainesCc: Darren Mellross; hayden mellrossSubject: Acoustic Study - 942 Olympic Hwy Young - Mellross Motorcycle DA 2020/00020Attachments: Acoustic Study - 942 Olympic Highway - MotoX.pdf

Follow Up Flag: Follow upFlag Status: Flagged

Good Morning

Please find attached the Acoustic Study being the final required information to afford clarification on the lack of impact for the above application.

This study is further supported by the previous letter of 14 April 2020 and the Statement of Environmental Effects provided at the Application.

My client has also noted that as the noise compliance under the Acoustic Study was modelled at 4 bikes on track maximum at any given time, this be given consideration in the parameters of any determination made by Council.

As Council has previously approved the activity, the applicant proposing less actual on-track time than the former DA and the Acoustic Study verifying the reasonable fit of the development on land the activity is permissible on, that a favourable outcome can be reached for this DA.

Should any further information be required, please contact the undersigned by phone or email during reasonable business hours.

Regards

To help protect your privacy, Micro so ft Office prevented auto matic download of this pictu re from the In ternet.

281

MELLROSS BIKE TRACK – RMS RESPONSE 1

02 July 2020


Att: Senior Planner – Andrew Raines

Dear Sir,

Re: Mellross – Motorcycle Training Tracks – DA 20/2020 LOT 8 DP1103208, 942 OLYMPIC HIGHWAY, YOUNG

I act for my clients Darren & Hayden Mellross, Applicants to the above Development Application.

We thank you for the opportunity to comment on the RMS Referral letter dated 9 June 2020. This has been done by way of detailed response to each point raised, and also detailed and annotated images specific to the site which displays our points vividly.

RMS COMMENTARY CLIENT RESPONSE

1. The motorcycle facility is not approved for publicrace or organised events, or for attendance of spectators.

Noted - no objection to conditioning in this regard

2. A landscaped buffer (at least 5m wide plantedwith a variety of species endemic to the area and growing to a mature height of at least 5m) shall be established and maintained within the subject property along the frontage of the site to the Olympic Highway to a standard to screen the proposed tracks from the Olympic Highway to minimise distraction of the travelling public.

Existing trees from original DA are growing presently - client is prepared to supplement with a second row (intermediate spaced) and replace trees that have not grown effectively over time. Whilst endemic species may be desirable, my client wishes this reviewed as faster growing exotics may aid the desired result (eg: evergreen Alders or the like)

3. As a minimum the access driveway to the Olympic Highway shall be constructed and maintained to thesatisfaction of Transport for NSW to provide the following:

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a. As a sealed “Rural Property Access” in accordance with the Austroads Guide to Road Design as amended by the supplements adopted by Transport for NSW for the posted speed limit.

Existing sealed access through road widening to a formal rural access exists at present - see attached pho work and drone images with superimposed allotment and road widening/gravel dump area adjacent (sealed). Owner is amenable to control lines being painted to focus people attending the property to a formal entrance/exit point ensuring 90 degree hold, view and access onto highway. This location far exceeds use of Hewitts Lane which has poor safe intersection siight distance. If seal has deteriorated, this can be improved.

b. be constructed with a minimum width of 6 metres to allow for 2 way movement and be sealed from the edge of seal of the carriageway to the property boundary.

Fog line of Highway to existing access is 25m or greater across the road widening/gravel dump area. Current access is of ample width, is indented and is 25m + from Highway verge. Use of this access point is evidenced by Council Heavy Vehicles for continual stockpiling and road maintenance, as best position adjacent this land. Potentially unfair to require seal whilst Council heavy vehicles continually turn and screw on the interconnecting road widening area?

c. the required sight distance criteria for a reaction time of 2.5 seconds in accordance with the Austroads Publications as amended by the supplements adopted by Transport for NSW for the posted speed limit. Compliance with this requirement is to be certified by an appropriately qualified person prior to construction of the vehicular access.

Comfortably achieved from this location, NOT from Hewitts Lane. This location approved by Council at subdivision in recent times of the subject land. View line south = 280+m, view north = 300+m. Can get Surveyor to recognise if required.

d. a Basic Right Turn (BAR) and Basic Left Turn (BAL) treatment at its intersection with the Newell Highway in accordance with the Austroads Guide to Road Design as amended by the supplements adopted by Roads and Maritime Services for the posted speed limit on the Olympic Highway. The intersection is to be constructed to the standards required for an approved road train route.

Object as unnecessary due to the unique configuration of road widening at the access point. The widened area used as a regular Council Gravel and stockpile dump lends extremely wide access to road distance. Formation in this way will get trashed by Council vehicles constantly. Unique nature of this location recognised by Council in approving most recent subdivision.

e. Not reduce the capacity of the existing roadside drainage network and to prevent water from proceeding onto, or ponding within, the carriageway of the Olympic Highway. If a culvert is be installed and is to be located within the required clear zone of the Olympic Highway for the posted speed limit it is to be constructed with a traversable type headwall.

Unnecessary condition due to crest location and drainage occurring at this gravel dump access point / access to this property.

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4. The Olympic Highway is part of the State Road network. For works on the State Road network the developer is required to enter into a Works Authorisation Deed (WAD) with Transport for NSW before finalising the design or undertaking any construction work within or connecting to the road reserve. The Works Authorisation Deed documentation is to be submitted for each specific change to the state road network for assessment and approval by Transport for NSW prior to commencement of any works within the road reserve. The applicant is to contact the Land Use Manager for the South West Region on Ph. 02 69236611 for further detail.

Unnecessary as no further works believed warranted.

5. All works undertaken within the road reserve of the Olympic Highway shall be designed and constructed in accordance with the requirements of Transport for NSW and the Austroads Guide to Road Design as amended by the supplements adopted by Transport for NSW. The design and specifications for these works must be completed and certified by an appropriately qualified person.


6. Prior to works commencing within the road reserve the applicant must apply for and obtain approval under Section 138 of the Roads Act, 1993 from the road authority (Council) and concurrence from Transport for NSW. The developer is responsible for all public utility adjustment/relocation works, necessitated by the proposed works and as required by the various public utility authorities and/or their agents.


7. Works associated with the proposed development shall be at no cost to Transport for NSW.

Noted.

Please now see below the images referred to previously that support the Applicant’s contentions as stated.

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Image 1 – Access to Highway across gravel dump – looking West

Image 2 – wider view of road widening gravel dump and access

285


Image # 3 – Looking NE at property from over Hewitts Lane corner

Image 4 – Looking NE from over access

286


Image 5 – Looking SW from Track # 1

Image 6 – Vegetation adjacent track 2

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Image 7 – Access across gravel dump from opposite side of Highway

Image 8 – North highway sight view

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Image 9 – Google view south on Highway

Should any of the foregoing be unclear, please contact us directly, prior to the final report being prepared.

Yours sincerely

K CRAIG FILMER B. App Sc (Env Health) – Building Surveillance Major

MAIBS; MEHA; BPB-A1 Certifier (LG-945)

Development & Environmental Health Specialist

DA BUSTERS Pty Ltd

289

Transport for NSW 193-195 Morgan Street Wagga Wagga NSW 2650 | PO Box 484, Wagga Wagga NSW 2650 W transport.nsw.gov.au | ABN 18 804 239 602

SWT12/00003 SF2012/000308

MM/CO 29 July 2020


Attention: Andrew Raines

DA2020/0020 – PROPOSED REINSTATED USE OF RECREATIONAL FACILITY, LOT 8 DP1103208, 942 OLYMPIC HIGHWAY, YOUNG.

I refer to your correspondence regarding the subject Application which was referred to Transport for NSW (TfNSW), formerly Roads and Maritime Services, for assessment and comment.

From the information provided it is understood that the proposal is to reinstate and use an existing MotoCross track for private practice purposes and training schools only. The subject site has frontage to the Olympic Highway (MR78) within a 100 km/h speed zone.

It is understood that Council is considering a limited consent condition which would allow Council the ability to monitor the operation of the MotoCross track. This limited duration option is supported by TfNSW.

TfNSW previously provided comments to Council regarding the proposed development by letter dated 9 June 2020. This letter included recommended conditions 1 to 7. A response to this dated 2 July 2020 was prepared on behalf of the applicant. These are addressed in the following:

1. The proponent’s submission has noted this condition and raised no objection. This conditionis to remain;

2. The intent of this condition is to address the potential distraction to passing motorists. Thepreference for use of other species by the proponent is noted. No objection is raised to thevariety of species (and change of wording of the condition) as long as the intent of the conditionis met;

3. (a) The submission indicates that the proponent is amenable to improving the existing sealedaccess and painting lines to assist with entering and exiting the property. As the proponent hasraised no objection, the condition is to still remain;

(b): The intention of this condition is to provide and maintain a safe access to the subject site.As the site is proposed for uses other than residential purposes the potential for additionaltraffic is apparent, hence the requirement for a 6 metre wide driveway. The length of the sealof the driveway could be reduced to a minimum of 10 metres from the edge of seal of thecarriageway of the Olympic Highway in accordance with the Austroads Guide to Road Design.This condition should remain but be revised to require that the driveway be sealed for at least10 metres.

Attachment 5 - DA2020/0020 - Transport for NSW response

290

(c): The submission refers to a willingness to have the sight distances assessed by a surveyor as per the condition. As the proponent has raised no objection the condition is to remain;

(d): Given Council’s intention of a proposed limited consent condition, Transport for NSW is amenable to the removal of this condition subject to monitoring of the access volumes and requirements, and impact on the road surface. Should a further application be made to Council after the expiry of the limited consent, Transport for NSW will review the need for this condition;

(e): The submissions reference to the location of intersection is noted. The wording of the condition referred to “If a culvert is to be installed…..” therefore this sentence may be removed. However as the driveway appears to drain towards the carriageway from the property boundary that part of the condition is to remain;

4. This condition can be removed as it relates to condition 3 (d) which is also to be removed as

per above 5. Noted however this condition refers to the standard required for any works within the road

reserve and is intended to provide advice to the applicant. Refer to item 6 below. Therefore item 5 could be included as an advice to the applicant.

6. Section 138 of the Roads Act refers to any works within the road reserve. The submission from

the proponent refers to works as per item 3(a) above. Therefore this condition is to remain; 7. The submission from the proponent has noted this condition and raised no objection. This

condition is to remain; As per the above please find below the revised recommendation and conditions TfNSW has assessed the Development Application based on the documentation provided and would raise no objection to the development proposal subject to the Consent Authority ensuring that the development is undertaken in accordance with the information submitted as amended by the inclusion of the following as conditions of consent (if approved):- 1. The motorcycle facility is not approved for public race or organised events, or for attendance of

spectators. 2. A landscaped buffer (at least 5m wide planted with a variety of species growing to a mature

height of up to 5m) shall be established and maintained within the subject property along the frontage of the site to the Olympic Highway to a standard to screen the proposed tracks from the Olympic Highway to minimise distraction of the travelling public.

3. As a minimum the access driveway to the Olympic Highway shall be constructed and

maintained to the satisfaction of Transport for NSW to provide the following:


b. be constructed with a minimum width of 6 metres to allow for 2 way movement and be sealed for at least 10 metres from the edge of seal of the carriageway of the Olympic Highway.

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d. Not reduce the capacity of the existing roadside drainage network and to prevent water

from proceeding onto, or ponding within, the carriageway of the Olympic Highway. 4. Prior to works commencing within the road reserve the applicant must apply for and obtain

approval under Section 138 of the Roads Act, 1993 from the road authority (Council) and concurrence from Transport for NSW. The developer is responsible for all public utility adjustment/relocation works, necessitated by the proposed works and as required by the various public utility authorities and/or their agents.

5. Works associated with the proposed development shall be at no cost to Transport for NSW. Please be advised that under the provisions of the Environmental Planning & Assessment Act it is the responsibility of the Consent Authority to assess the environmental implications, and notify potentially affected persons, of any development including conditions. Any enquiries regarding this correspondence may be referred to the Manager, Land Use, TfNSW (South West Region), Maurice Morgan, phone (02) 6923 6611. Please forward a copy of the Notice of Determination for this Development Application to the Land Use -TfNSW at the same time as advising the applicant. Yours faithfully

Per: Lindsay Tanner Director South West

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Transport for NSW 193-195 Morgan Street Wagga Wagga NSW 2650 | PO Box 484, Wagga Wagga NSW 2650 W transport.nsw.gov.au | ABN 18 804 239 602

SWT12/00003 SF2012/000308

MM/CO 9 June 2020 The General Manager Hilltops Council Locked Bag 5 YOUNG NSW 2594 Attention: Andrew Raines DA2020/0020 – PROPOSED REINSTATE USE OF RECREATIONAL FACILITY, LOT 8 DP1103208, 942 OLYMPIC HIGHWAY, YOUNG. I refer to your correspondence regarding the subject Application which was referred to Transport for NSW (TfNSW), formerly Roads and Maritime Services, for assessment and comment. From the information provided it is understood that the proposal is to reinstate and use an existing MotoCross track for private practice purposes and training schools only. The subject site has frontage to the Olympic Highway (MR78) within a 100 km/h speed zone. The Statement of Environmental Effects (SEE) indicates that the track is to be used for 4 sessions per day between 9am and 5 pm, which consists of 30mins of riding and 30mins of recovery. Riding will only take place in daylight hours, being from Monday to Friday 9am-5pm and Saturday 9am-2pm. MotoCross Riding will not take place on Sundays and Public Holidays. Training schools will take place during school holidays however these will not increase the sessions per day. As the proposed development has been submitted on the basis that the facility is for private purposes & training camps the proposed motorcycle tracks are not approved for race or organised events. Preciously the development was approved for private use and training. It appears that the revised application intends for the facility to be used as a commercial training facility. This changes the dynamics and volumes of the potential traffic generation to the development site. As the development proposal will generate additional traffic to the site, and as the access driveway is located within a 100 kmh speed zone, it is appropriate to require the construction of a Basic Right Turn (BAR)/Basic Left Turn (BAL) intersection treatment at the intersection of the proposed driveway with the Olympic Highway as a minimum. The design vehicle for this intersection should be based on the largest vehicle likely to access the proposed development via that driveway. Due to the location of the motorcycle tracks on the subject site, the tracks have the potential to cause distraction of the motorist travelling along the Olympic Highway. Given the nature of the development it is considered that landscaping is warranted to be provided and maintained to a standard to screen the track from the motorist on the Olympic Highway. This was required as part of the previous application for the use of the site for training purposes. This requirement remains vaild. The landscaping shall be established and maintained for the duration of the use of the subject site as proposed.

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TfNSW is mainly concerned with the provision of safe access between the subject site and the public road network and the impact of the development on the safety and efficiency of the road network. As the access is located with a high speed environment the following condition are required for road safety reasons. TfNSW has assessed the Development Application based on the documentation provided and would raise no objection to the development proposal subject to the Consent Authority ensuring that the development is undertaken in accordance with the information submitted as amended by the inclusion of the following as conditions of consent (if approved):- 1. The motorcycle facility is not approved for public race or organised events, or for attendance

of spectators. 2. A landscaped buffer (at least 5m wide planted with a variety of species endemic to the area

and growing to a mature height of at least 5m) shall be established and maintained within the subject property along the frontage of the site to the Olympic Highway to a standard to screen the proposed tracks from the Olympic Highway to minimise distraction of the travelling public.

3. As a minimum the access driveway to the Olympic Highway shall be constructed and

maintained to the satisfaction of Transport for NSW to provide the following:


b. be constructed with a minimum width of 6 metres to allow for 2 way movement and be sealed from the edge of seal of the carriageway to the property boundary.


d. a Basic Right Turn (BAR) and Basic Left Turn (BAL) treatment at its intersection with the Newell Highway in accordance with the Austroads Guide to Road Design as amended by the supplements adopted by Roads and Maritime Services for the posted speed limit on the Olympic Highway. The intersection is to be constructed to the standards required for an approved road train route.

e. Not reduce the capacity of the existing roadside drainage network and to prevent water

from proceeding onto, or ponding within, the carriageway of the Olympic Highway. If a culvert is be installed and is to be located within the required clear zone of the Olympic Highway for the posted speed limit it is to be constructed with a traversable type headwall.

4. The Olympic Highway is part of the State Road network. For works on the State Road

network the developer is required to enter into a Works Authorisation Deed (WAD) with Transport for NSW before finalising the design or undertaking any construction work within or connecting to the road reserve. The Works Authorisation Deed documentation is to be submitted for each specific change to the state road network for assessment and approval by Transport for NSW prior to commencement of any works within the road reserve. The applicant is to contact the Land Use Manager for the South West Region on Ph. 02 69236611 for further detail.

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5. All works undertaken within the road reserve of the Olympic Highway shall be designed andconstructed in accordance with the requirements of Transport for NSW and the AustroadsGuide to Road Design as amended by the supplements adopted by Transport for NSW. Thedesign and specifications for these works must be completed and certified by an appropriatelyqualified person.

6. Prior to works commencing within the road reserve the applicant must apply for and obtainapproval under Section 138 of the Roads Act, 1993 from the road authority (Council) andconcurrence from Transport for NSW. The developer is responsible for all public utilityadjustment/relocation works, necessitated by the proposed works and as required by thevarious public utility authorities and/or their agents.

7. Works associated with the proposed development shall be at no cost to Transport for NSW.

Please be advised that under the provisions of the Environmental Planning & Assessment Act it is the responsibility of the Consent Authority to assess the environmental implications, and notify potentially affected persons, of any development including conditions.

Any enquiries regarding this correspondence may be referred to the Manager, Land Use, TfNSW (South West Region), Maurice Morgan, phone (02) 6923 6611.

Please forward a copy of the Notice of Determination for this Development Application to the Land Use -TfNSW at the same time as advising the applicant.

Yours faithfully

Per: Lindsay Tanner Director South West

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12.11 - 20/163 – ESTABLISHMENT OF ALCOHOL FREE ZONES HARDEN MURRUMBURRAH Responsible Officer: Manager Civil Operations

PURPOSE The purpose of this report is to recommend Council to place the proposed establishment of the Alcohol-Free Zones in Harden Murrumburrah on public exhibition and gain suitable comment from the public, NSW Police and licencees about the zones described.

RECOMMENDATION

That Council:

(a) Pursuant to Sections 644, 644A, 644B, 644C and 646 of the Local Government Act 1993 (as amended) to re-establish Alcohol Free Zones in the public roads and car parks within the areas defined in the townships of Harden and Murrumburrah as shown hatched on the maps contained in this report for a period of four years from 22 May 2020 to 21 May 2023;

(b) To undertake the required formal community consultation as outlined in the Alcohol Free Zone Proposal 22 May 2020 to 21 May 2023; and

(c) A further report be returned to Council informing of the outcomes of that consultation and adoption of the proposal.

REPORT/SUMMARY/BACKGROUND This report reviews the declaration of Alcohol Free Zones in the townships of Harden and Murrumburrah, first established in May 1999 and recommends the continuance of these zones for a further maximum 4-year period.

Council last resolved to extend the declaration of Alcohol Free Zones in the main commercial precincts of Harden and Murrumburrah and reestablished these zones from 21 May 2017 to 21 May 2020.

In addition to this the Local Area Police Commander of the time, as well as the local Police Sergeant, believed that their powers to combat crime, loitering and also drinking whilst walking between licensed premises were inadequate unless a declared Alcohol Free Zone was maintained in force.

Council resolved and implemented the zones in accordance with the requirements of section 644A of the Local Government Act 1993 as well as the Ministerial Guidelines on the matter. Part of this stipulation is a review and subsequent maximum “in-force” period of these zones, being 3 years from date of resolution. This time has now elapsed.

It has also been noted by the public and staff that the incidence of damage directly attributable to alcohol induced behavior within the main street areas has maintained in the last three (3) year period at a low level.

As stated before, and as has been done on several occasions since, Council may suspend the declarations for major events or special circumstances.

There is a demonstrated need for the Policy to remain and this is evidenced from requests from the local Police, to re-establish these zones.

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Pursuant to Section 644A of the Local Government Act, Council is required to give 30 days notice to the NSW Police and liquor licensees within the zones prescribed seeking comment on the reestablishment. It is however optional that Council seeks feedback from the public regarding the establishment. Its further proposed that the reestablishment of the zone be placed on a 14 day public exhibition period pursuant to the to gain such additional feedback.

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Local Government Act, Section 644 A, B and C and Section 646 COMMUNITY STRATEGIC PLAN LINKAGE 1.1.4 Work with key partners and the community to reduce crime, anti-social

behaviour and improve community safety 1.4.3 Value our love of a quiet country lifestyle and take measures to protect it. FINANCIAL IMPLICATIONS There will be a cost in updating current signage. This is estimated at $3000. RISK IMPLICATIONS The nonrenewal of these alcohol free zones will pose an issue for NSW Police about licenced facilities and will not have the power to prevent alcohol intake on street. CONSULTATION AND TIMING NSW Police, local liquor licencees within or adjacent to the zone and the public.

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12.12 - 20/164 – LOCAL ROAD AND COMMUNITY INFRASTRUCTURE PROGRAM GRANT Responsible Officer: Manager Civil Operations

PURPOSE The purpose of this report is to seek Council’s endorsement on the projects to be submitted for funding under the Local Road and Community Infrastructure Program grant.

RECOMMENDATION

That Council:

(a) Receive and Note the Report; (b) Endorse the balance of the grant by the nominated renewal works as tabled in

the report, and (c) As outlined Young CBD path works be completed using a coloured concrete

system.

REPORT/SUMMARY/BACKGROUND On 22 May 2020, Council was advised that it has been apportioned $1,770,968 under the Local Road and Community Infrastructure Program (LRCIP) grant. This is a new grant from the Federal Government Grant, with funding allocations calculated in a similar way to the Roads to Recovery Program. Funds allocated from the program are to spent by 30 June 2021.

At the Ordinary May Meeting of Council, it was resolved:

20/101 RESOLVED:

Allocate from Federal Governments recently advised funding that comes under Local Roads and Community Infrastructure (LRCI) Program of $1,770,968, that

a) $1,200,000 be allocated to co-fund the Milvale Road B doubledecoupling bay amenities and road upgrade works betweenChillingworks Road and Penrose Bridge, Young;

b) That a report come back to Council with costings of the MilvaleRoad project; and

c) The balance of the funds $570,968 - a report be brought back toCouncil to investigate 5 proposed projects Murrumburrah Creek,Garibaldi Gully, Jugiong Sewerage System, Burrangong Creekand Jugiong Master Plan

Councillors: Ingram/Walker

LRCIP Program fact sheet outlines that funding is available for local road and community infrastructure projects that involve the construction, maintenance and/or improvements to council-owned assets (including natural assets) that are generally accessible to the public. Councils will also need to demonstrate that projects are additional to their pre-COVID-19 work program for 2020-21. If a project has been brought forward from a future work program it will be eligible for funding.

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Eligible local road projects could include works involving any of the following: traffic signs; traffic control equipment; street lighting equipment; a bridge or tunnel; a facility off the road used by heavy vehicles in connection with travel on the

road (for example, a rest area or weigh station); facilities off the road that support the visitor economy; and road and sidewalk maintenance, where additional to normal capital works

schedules. Eligible community infrastructure projects could include:

Closed Circuit TV (CCTV); bicycle and walking paths; painting or improvements to community facilities; repairing and replacing fencing; improved accessibility of community facilities and areas; landscaping improvements, such as tree planting and beautification of

roundabouts; picnic shelters or barbeque facilities at community parks; playgrounds and skateparks (including all ability playgrounds); noise and vibration mitigation measures; and off-road car parks (such as those at sporting grounds or parks)

Deadline for grant completion is 30 June 2021. A table of projects in accordance with Resolution 20/101 consisting of Jugiong Master Plan, Murrimboola Creek, Garibaldi Gully, Burrangong Creek, Jugiong Sewerage Scheme and Harden Pool disinfection was presented to Council at the June Ordinary meeting of Council, resulting in resolution 20/141, being: RESOLVED: (a) That the funds be used on capital renewal projects which comply with the conditions; and (b) A further report identifying capital renewal programs be brought back for Councillors review in July 2020. It was made mention that ideally the projects about footpath renewals. Council staff have compiled a listing of suitable renewal projects centred on footpath and kerb and gutter replacement and is tabled in this report for Councils consideration. Additionally Council at the July Ordinary Meeting expressed a desire that the Young CBD footpath works should follow the same construction material of that already laid in Boorowa Street, that being asphaltic concrete/asphalt (or AC) with a coloured stamped decorative edge and intermittent ( 8 – 12 metre) breaks. This was in lieu of the proposed coloured concrete footpath tabled at the July Ordinary meeting. For background, the Boorowa Street CBD area is predominantly of this AC type, with some sections of clay paver and stencilled concrete. The clay paver sections where associated with building upgrade works and assumed to be of high retention value at the time of the AC works where competed and left in place. CBD side streets are a mixture of old bitumen paved , plain concrete and stencil concrete.

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These variations of footpath material sections are described below at the noted building frontage locations: Pavers (Boorowa Street)

former Greater Southern Energy building Blooms Chemist/Eye Q Optometrists ANZ Bank Building Westpac Bank building access ramp

Stencil concrete

Two pedestrian crossing points top and mid Boorowa CBD blocks Post office footpath (Lynch Street)

Plain Concrete

Turners Furniture One/S & AJ Café. (Clarke Street) The asphalt estimates includes provision of removal existing footpath pavement, asphalt supply and lay/compaction ( material ex Wagga Wagga and laying by specialists, most probably out of area) and stamping of the edging (again by separate specialised contractor). Asphalt and concrete both require saw cutting post laying if an underground service is require to be worked upon. Asphalt, due to its nonlocal availability could present issues in terms of costs and limited expertise locally to reinstate over the concrete comparison. Asphalt also does not have the ‘bridging’ strength as compared to concrete if a small void or space occurs beneath the pavement. Asphalt will tend to ‘follow’ and slump into the hollow, where concrete will tend to remain true and “bridge”. In addendum to above discussion the excerpt below from the grant guidelines also provides further insight into the grants design or operation. “ The LRCI Program…..was announced as part of the Australian Government’s wider economic response to COVID-19. The LRCI Program aims to assist a community-led recovery from COVID-19 by supporting local jobs, firms, and procurement. It is expected that councils will use local businesses and workforces to deliver projects under the LRCI Program where possible to ensure stimulus funding flows into local communities.” It is acknowledged that Council has a majority of asphalt/stamped type footpath in the Young - Boorowa Street CBD area. There are a number of deviations from this with sections of clay paver and stamped/plain concrete about the CBD area, in addition to the older bitumen/asphalt type pavements that do require replacement. The project schedule over page has now been updated to now include Asphaltic Concrete/stamping estimates alongside the original concrete estimates for Councils consideration Taking the existing footpath materials, the costs tabled and the LRCIP grant guidelines into account, it is recommended that for the Young CBD area, the targeted footpath replacement works be completed using coloured concrete, offering a cost effective, regionally produced quarry product, local concrete batching and supply and local tradesman (Council and subcontractors) in the concrete placement.

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Held in the Hilltops Council, Young Chambers, 189 Boorowa Street, Young ________________________________________________________________________________

Proposed Renewal Works District Street Location Issues/Treatment

Preferred Estimated Costs

Asphalt Concrete Alternative where applicable

Young Boorowa Street North side Main Street (Commercial Hotel) to Clarke Street (TSG).

Existing clay paver footpath, trip and fall and ongoing maintenance issues.

Proposed coloured concrete pavement to type match existing surrounding paths. $130,416

$278,803

Young Lynch Street Boorowa Street (Amcal) to ANU Medical School.

Existing aged bitumen sealed footpath, footpath renewal.

Proposed coloured concrete pavement to type match existing surrounding paths. $ 45,685

$ 97,481

Young Lynch Street Boorowa Street (Jolly Roger) to Start of Post Office.


Propose coloured concrete pavement to type match existing surrounding paths. $ 34,619

$ 73,536

Young Main Street Lovell (Art Of Expresso) to Boorowa Street (Commercial Hotel).


Propose coloured concrete pavement to type match existing surrounding paths. $ 50,303 $106,852

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Boorowa Brial Street Court St East to Penrose

Motors Concrete path renewal, trip and fall issues current. Plain concrete replacement. $ 77,220

N/A

Boorowa Court Street Pudman Street to Queen Street, eastern side.

Concrete footpath renewal, trip and fall issues current. Plain concrete replacement. $ 51,480

N/A

Boorowa Brial Street Dry St to Farm Street, southern side.

Concrete footpath renewal, trip and fall issues current. Plain concrete replacement. $ 24,960

N/A

Harden Swift Street Between Derby and Stair

Streets, northern side about 61 Swift Street.

About 61 Swift Street concrete gutter replacement, damaged by kurrajong trees, stormwater entering property and house. Supplement drainage works in area. $ 11,700 N/A

Harden Allsop Street Entire Street Length Existing concrete gutter past its useful life. Replace with same concrete kerb and gutter profile. $ 18,720 N/A

Harden Neill Street Between Ward and Woolrych Streets, northern side near 183 Neill Street

Gutter damaged due to tree root lift. Replacement with same kerb and gutter profile. $ 14,040 N/A

Harden Clarke Street Between rail underpass and School

Replace sealed path with concrete pathway. Plain concrete. $ 40,716 N/A

Harden Bathurst Street Between underpass and Neill Street

Replace sealed pathway with concrete pathway. Plain concrete placement. $ 27,300 N/A

Harden Binalong Street/Lucan Street intersection

Intersection area. South western corner of intersection, Gutter replacement and associated stormwater pipe works. $ 43,809 N/A

TOTAL $570,968

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Held in the Hilltops Council, Young Chambers, 189 Boorowa Street, Young ________________________________________________________________________________

POLICY AND LEGISLATION Local Government Act 1993 COMMUNITY STRATEGIC PLAN LINKAGE Wellbeing pillar – Loving Where We Live Objective 1 A safe and healthy community Strategy 1.1 Support networks, programs and facilities that promote health and

wellbeing, and encourage healthy lifestyles Strategy 1.5 Encourage the development of facilities and services to assist the

vulnerable, the aged populations and those with disabilities FINANCIAL IMPLICATIONS The works will be funded through the LRCIP program and delivered during FY 2020/2021. RISK IMPLICATIONS Council staff have identified the following risks related to the Detailed Design and Construction of the Inclusive Playground:

- Delivery of the project within LRCIP acquittal timeframe.

CONSULTATION AND TIMING The projects above will be consulted on as appropriate.

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12.13 - 20/165 – GALONG MINE VOLUNTARY PLANNING AGREEMENT - ROAD COMPONENT UPDATE Responsible Officer: Manager Civil Operations

PURPOSE To inform Council on the Galong Mine Voluntary Planning Agreement (previously known as Section 94) Road income related planned expenditure for 2020/2021.

RECOMMENDATION

That Council:

(a) Receives and notes the report.

REPORT/SUMMARY/BACKGROUND Councils receives via a Voluntary Planning Agreement (VPA) levied funds from material hauled out of the Galong Limestone Mine, currently operated by Graymont.

The VPA levy based on a per tonne out the gate charge, has a road and community component. This report details only the road component planned works for 2020/2021.

The VPA funds are to be only expended on specified haul routes of the mine. These funds are targeted for pavement strengthening works, reseal activity to maintain the pavement integrity and heavy patching works for isolated pavement failures. For the Galong Mine levy there is a southern and a western or Boorowa route. These roads and routes are tabled below.

Road Section Route Permissible Tonnage hauled per year current

Eubindal Mine to Galong Road Both 320,000 Galong Eubindal to Kalangan Both 320,000 Kalangan From Cunningar Road to Galong

Rd, (Incudes Cunningar Road from this intersection to Lachlan Valley Way.

Boorowa 10,000

Kalangan Galong Rd to Village/Ryan Street Southern 310,000 Ryan Street (Galong) Full length Southern 310,000 Bobbara Ryan St intersection to Crescent St Southern 310,000 Crescent St (Galong) Full length Southern 310,000 Limestone Way Crescent to Burley Griffin Way Southern 310,000

A progressive road upgrade on the shared and southern route has been undertaken since 2005 when Boral originally took over the mine’s operations. There remains several sections of pavement that have not undergone pavement rebuilding treatment, and those sections are detailed in this report.

The income derived from this VPA is currently $170,000 per annum for the total road routes component. This is split between the southern and Boorowa routes based on tonnages hauled over these routes, respectively.

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The Operation and Delivery Plan for 2019/2020 had a capital allocation of $150,000 towards haul roads associated with the mines output. The target road was the section including the rail bridge approaches on Limestone Way back to Crescent Street/Bobbara Road. The works involves planning involvement of John Holland Group (JHG) who manages contractually the road over rail bridges on the States Country Rail Network on the States behalf. Councils water section is also involved with the project due to aged water mains in the work zone requiring upgrading. Additionally, the design of the widening works to improve the approach and movement onto the bridge by heavy vehicles was also required. Council now also needs to take in account recent advice from John Holland Group about measures that further restricts two-way travel to single lane travel across the road over rail bridge on Limestone Way due to parapet wall structural concerns flagged.

Works were not effected in the 2019/2020 year, resulting in zero expenditure against the project allocation. Those unexpended funds of 2019/2020 are now carried forward with this year’s allocation of $200,000, to make a total allocation for 2020/2021 of $350,000. Correspondingly, available funds(income) at the end of June 2020 for the southern route was $362,405.

This current funding now presents a better scale in the delivery of the works that will now include:

Pavement upgrade and widening about Crescent Street including the bridge area water main upgrade costs associated with the bridge approach widening works.

Provision of a truck parking bay, north bound lane as discussed with the VPA Steering Committee. This involves some land acquisition or lease from ARTC. Council is referred to Attachment 1 for further information.

Further pavement widening and strengthening works south of the road over rail bridge to meet up with the previously widened section of Limestone Way.

Staff are currently working through the design, liaison with Councils water supply staff and ARTC in the aim of delivering the combined project in 2020.

An indicative program of works is shown below for the next two years for Councils information. Road Description/Scope 2020/2021 2021/2022 Crescent St Pavement Rehab. from Bobbara Road to

bridge including bridge approached both sides and water main replacement/reroute and resealing. $149,900

Limestone Way Truck parking Bay (Preliminary estimate). $ 70,000 Limestone Way Pavement Rehabilitation Rail Bridge south

to the Union Ag twin gates/ previous widening works. $130,680

Eubindal Rd Heavy patching (preliminary allowance) $ 50,000 Eubindal Rd Resealing ( stage 1 ) $ 85,680

Contingency $ 15,000 Totals $350,580 $150,680

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ATTACHMENTS Attachment 1 - Limestone Way truck parking area and bridge approaches widening

plan. POLICY AND LEGISLATION

Local Government Act 1993. Roads Act 1993. Transport Administration Act (NSW) 1988. (Rail)

COMMUNITY STRATEGIC PLAN LINKAGE 4.1.3 Improve and align key freight linkages towards growing industry demands 4.2.2 Provide a roads network that has agreed levels of service for the community and

other road users and minimises impact 4.2.6 Maintain assets in line with communities' agreed levels of service 5.1.4 Maximise opportunities to secure external funding for partnerships, projects and

programs to improve the quality of life for residents and visitors. FINANCIAL IMPLICATIONS. Council financial implications are discussed in the body of the report. RISK IMPLICATIONS As with all project implementation, there is risk associated with all undertakings. In this instance generally the risk of unforeseeable issues arising during construction phase, impact of external forces on the supply and cost of supplied goods and services can also have an impact on projects. All risks ultimately have a financial impact. This can be mitigated via the use of professional staff knowledgeable in the field of the works, gaining knowledge of the project ahead of time, regular costing update and regular update of projects back to the management team and Council if required if any unforeseeable issue/s are impacting heavily on a particular project. Council needs to be at least aware with large financial undertakings, that the financial risk implications can be also commensurate to this undertaking. CONSULTATION AND TIMING The VPA Steering Committee has been involved with the development of the truck parking area concept to date.

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Attachment 1 - Limestone Way truck parking area and bridge approaches widening plan.

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12.14 - 20/166 – REGIONAL ROAD TRANSFER AND NSW ROAD CLASSIFICATION REVIEW Responsible Officer: Manager of Civil Operations

PURPOSE To formulate Councils response to the State Government on the Regional Road transfer and road classification review.

RECOMMENDATION

That Council:

(a) Receives and notes the report; (b) Submission reflects that post the Regional Road transfer, Councils main

concerns of ensuring that in whatever form the Block Grant, or its equivalent takes that the funding levels needs to be maintained to ensure that:

i) The Regional Roads in the Hilltops Local Government Area are fundedand maintained at least to the current levels of funding including Repair Program Grants; and

ii) That this maintained level of funding assists Councils in regional areasmaintain a critical mass in its specialised employee base to maintain and effect capital improvement works on regional and local roads in its local government; and

(c) Submission is also to reflect in respect to the action of classification, Council is satisfied with the current regional road classifications within its local government area and will not seek any upward to State, or downward to local regional road reclassifications.

REPORT/SUMMARY/BACKGROUND In February 2019, the NSW Government announced the transfer of up to 15,000 kilometres of regional roads to the State as part of a broader package of support for local councils to better manage and maintain the rural road network. The State has made inference to the regional road transfer ‘freeing’ up the depreciation expense of these regional roads, thus allowing Councils to then utilise this expense elsewhere.

Council has to the end of August 2020 to make submissions on this transfer and any regional road reclassification.

From the July Ordinary Meeting of Council, it was noted that for Councils submission :

Post transfer, Councils main concerns was that of ensuring that in whatever form the Block Grant, or its equivalent takes the funding levels needs to be maintained to ensure:

a) That the regional roads are funded and maintained at least to the currentlevels of funding for this Council. This also includes Repair Program grants; and

b) That this maintained level of funding assists Councils in regional areas maintaina critical mass in its specialised employee base to maintain and effect capital improvement works on regional and local roads in its local government area.

In respect to the action of regional road reclassification, Council appears satisfied with the current regional road classifications within its local government area and will not seek any upward to State, or downward to local regional road re classifications.

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POLICY AND LEGISLATION Local Government Act 1993. Roads Act 1993.

COMMUNITY STRATEGIC PLAN LINKAGE 4.1.3 Improve and align key freight linkages towards growing industry demands 4.2.2 Provide a roads network that has agreed levels of service for the community and

other road users and minimises impact 4.2.6 Maintain assets in line with communities' agreed levels of service 5.1.4 Maximise opportunities to secure external funding for partnerships, projects and

programs to improve the quality of life for residents and visitors. FINANCIAL IMPLICATIONS. Council financial implications are discussed in the body of the report. RISK IMPLICATIONS The major risk implication is the loss of income to support the current staff numbers. If the transfer occurred, without any maintenance provisions for councils, this would impact on Council staff employment numbers. CONSULTATION AND TIMING The State is involved in the consultation process for this review.

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12.15 - 20/167 – HILLTOPS WORKS REPORT Reference: File No. F162.00 Responsible Officer: Manager Civil Operations

PURPOSE The purpose of this report is to provide information of works completed in the previous month and works planned for next month.

RECOMMENDATION

That Council:

(a) Receive and note the information provided on works completed and works planned.

REPORT SUMMARY/BACKGROUND

Works Completed: 9 July 2020 – 12 August 2020 Unsealed Roads – Maintenance Grading

Blairs Road (Yng) – entire length. Blayneys Road (Yng) – 4.6km from Bribbaree Rd. Douglas Gap Road (Yng) – 11.8km starting 2.5km from RR241 Murringo Rd. Geegullalong Road (Yng) – 4.94km from RR241 Murringo Rd to Maloneys TSR. Murringo Flats Road (Yng) – 4.1km from Murringo Gap Rd. Saines Road (Yng) – 2.2km from Kingsvale Rd to Majors Rd. Spring Creek Road (Yng) – 7km starting 2.32km from McVeigh St bridge. Wickham Lane (Yng) – entire length. Colemans Lane (Yng) – 5.5km from RR241 Milvale Rd. Ballyhooley Road (Bwa) – entire length. Little Plains Road (Bwa) – 11.5km from Chainage 2300 to 13800. High Rock Road (Bwa) – entire length. Colandal Lane (Bwa) – entire length. Kenyu Road (Bwa) – 5km from Chainage 21000 to 26000 (Drought Stimulus). Gladstone Road (Hdn) – entire length. Woodlands Road (Hdn) – entire length. Brennans Lane (Hdn) – entire length. Wombat Creek Road (Hdn) – entire length. Chippindale Road (Hdn) – entire length. Ventnor Road (Hdn) – entire length. Garryowen Road (Hdn) – entire length. Bonnington Road (Hdn) – entire length. Westbourne Road (Hdn) – entire length. Hillview Road (Hdn) – entire length. Bogalara Road (Hdn) – entire length.

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Unsealed Roads – Gravel Resheeting

Boundary Road (Yng) 2.2km starting 6.8km from Kingsvale Rd. Isaacs Road (Yng) – 600m from Forsythe Ave. Old Monteagle Road (Yng) – 1.2km starting 2.8km from MR78 Olympic Hwy North. Saines Road (Yng) – 100m starting 500m from Kingsvale Rd. Warks Road (Yng) – 100m starting 230m from Spring Creek Rd. Halls Lane (Yng) – 1.7km various patches starting 2km from RR241 Murringo Rd.

Kenyu Road (Bwa) – Chainages 28.8km, 30.7km, 33.4km and 33.7km (Drought Stimulus).

Fairview Road (Hdn) – 500m repair on western side of low level crossing. Bonnington Road (Hdn) – 1.5km various patches over entire length.

Sealed Roads Maintenance

Line marking new work on Iandra Street/Blackett Avenue (Yng) – completed.

MR56 Lachlan Valley Way pavement patching. MR56 Lachlan Valley Way shoulder grading.

MR379 Wombat Road, Demondrille Rail bridge, temporary patching failure in road. Olympic Highway (Hdn) – shoulder grading (8.5km). Olympic Highway (Hdn) – culvert maintenance (20 culverts). MR84 Burley Griffin Way – pavement patching (approx. 500m2). MR84 Burley Griffin Way – pavement crack sealing (approx. 500m2). MR84 Burley Griffin Way – trimming trees and vegetation control. MR84 Burley Griffin Way – trimming trees under guardrail for vegetation control.

Minor pavement defect hand patching on various roads. Reactive maintenance on signs and trees. State road slashing and vegetation maintenance. Various sealed roads slashing ahead of roadside shoulder spraying where needed.

Footpath / Kerb Maintenance

New footpath and kerb and guttering in Cloete Street near Young District Medical Centre – commenced.

General maintenance of footpaths and kerb and guttering around town streets.

Parks and Gardens Line marking of two corner ends of athletics track on Gus Smith Oval to ensure lines do not disappear (Yng). Line marking of sporting fields and ovals for training and sporting competitions (Yng).

Cemetery maintenance at Boorowa, Frogmore, Rugby, Rye Park and Reids Flat. Marsden Street (Bwa) pruning and garden maintenance. Boorowa Rec Park maintenance. Main street planter box replanting in Boorowa. Boorowa roundabout replanting. Galong Road (Bwa) vegetation works.

General maintenance on Neill Street, Harden Caravan Park and Newson Park including pruning and feeding roses, topping up mulch, pruning Jasmine and management of blackspot (fungus). Albury Street mowing (Hdn). Planting of trees on North Street, Iris Street and Newson Park (Hdn). Various tree replacements withing Harden Murrumburrah.

312



General maintenance and mowing of Harden Murrumburrah Cemetery.

Watering program and irrigation systems turned off. Street tree maintenance and pruning. Removal of dead and dangerous trees as assessed and directed. Routine maintenance of turf on sporting fields and ovals – dependent on usage. Routine maintenance and mowing of recreational grounds, sporting fields, ovals, parks and reserves as needed. Village, rural and rest areas mowing, and maintenance as needed. Routine maintenance and inspection of playgrounds including soft fall areas and play equipment. General maintenance of CBD including roundabouts, mowing, whipper snipping, weeding, mulching, shrub/tree pruning and insecticide spraying. Spot spraying priority weeds on state, regional and local roads as needed.

Source of

Funds Grant Works / Musgrave Street reconstruction (Yng) – completed. RTR Construction Projects

Molloy Place footpath construction in accordance with DA conditions (Yng) – completed.

Revenue

Halls Lane heavy vehicle access (Yng) – commenced. Kenyu Road – commenced Gladstone Rd – commenced

Drought Relief Heavy Vehicle access program

Boorowa Street (Bunnings development site) frontage works (Yng) – continuing.

S7.12 (former S94)/Revenue

Boorowa Skatepark. SCCF2 Galong Road North tree and limb removal works (Bwa). HVSPP/FCR Boorowa Showgrounds amenities and changeroom

refurbishment. SSP1

Legend: RTR - Roads to Recovery S94 - Section 94 Funds VPA - Voluntary Planning Agreement FCR - Fixing Country Roads SCF - Stronger Communities Fund SCCF - Stronger Country Communities Fund DS - Drought Stimulus HVSPP - Heavy Vehicle Safety and Productivity Program SSP - NSW Showground Stimulus Package - Phase One

313



Water Supply and Sewerage Works Source of

Funds Capital Works Scott Street (Hdn) water main replacement (350m out of

550m has been completed). Water Fund

Operation and Maintenance

Water meter replacements – 166 Water service repairs and leakages – 6 Water main breaks – 14 New water service connections – 0 Sewer chokes – 20 New sewer service connections – 0 Public toilets tap replacement program – undertaken by Water & Sewer team – completed. Water meter reading commenced on 05/08/20. Routine maintenance and mowing of Lawn and Monumental Cemeteries in Young. Hydrant maintenance throughout towns. Water quality testing and monitoring. Routine plumbing maintenance in Council owned buildings. General operation of Sewer Treatment Plant, routine maintenance, and inspection of 10 reservoirs. General operation of Water Treatment Plant.

314



Works Planned: 13 August 2020 – 9 September 2020 Unsealed Roads – Nimby Road, Hillview Road and Broken Dam Road (Hdn). Maintenance Grading

Reactive maintenance grading activity where required including storm events.

Unsealed Roads – Gravel Resheeting

Reactive gravel resheeting activity where required.

Sealed Roads Maintenance

Local sealed roads pothole patching in Boorowa. RR248 Rugby Road and RR241 Rye Park Road pothole patching. MR56 Lachlan Valley Way roadside slashing. MR56 Lachlan Valley Way shoulder grading. Sign maintenance around Boorowa town area.

Spraying of local road shoulders (Hdn). Minor pavement defect hand patching and pothole repair on various

roads. Reactive maintenance on signs and trees. State road slashing and vegetation maintenance. Various sealed roads mowing and slashing ahead of roadside shoulder spraying as needed.

Footpath / Kerb Maintenance

Footpath and kerb and guttering works in Cloete Street near Young District Medical Centre – continuing.

General maintenance of footpaths and kerb and guttering around town streets.

Parks and Gardens Line marking of two corner ends of athletics track on Gus Smith Oval to ensure lines do not disappear (Yng). Line marking of sporting fields and ovals for training and sporting competitions (Yng). Spot spraying around guardrails and signposts on MR78 Olympic Highway (Yng) - scheduled weather permitting.

Cemetery maintenance at Boorowa, Frogmore, Rugby, Rye Park and Reids Flat. Dr Kelf Park maintenance (Bwa). River Walk maintenance (Bwa). Marsden Street pruning and garden maintenance (Bwa). Boorowa town tree removal.

General maintenance on Neill Street, Harden Caravan Park and Newson Park. Pruning of trees by arborist (Hdn). Irrigation maintenance and repairs on Neill Street (Hdn) – techline reconfiguration continuing. General maintenance and mowing of Harden Murrumburrah Cemetery.

Street tree maintenance and pruning. Removal of dead and dangerous trees as assessed and directed. Routine maintenance of turf on sporting fields and ovals – dependent on usage. Routine maintenance and mowing of recreational grounds, sporting fields, ovals, parks and reserves as needed. Village, rural and rest areas mowing, and maintenance as needed. Routine maintenance and inspection of playgrounds including soft fall areas and play equipment. General maintenance of CBD including roundabouts, mowing, whipper snipping, weeding, mulching, shrub/tree pruning and insecticide spraying.

315



Source of Funds

Grant Works / Construction

Halls Lane (Yng) – continuing weather permitting. Kenyu Road – commenced Gladstone Rd – commenced

Drought Relief Heavy Vehicle access program

Projects Galong Road reconstruction drainage (Bwa). HVSPP/FCR Major Projects Capital Works Young Aquatic Centre – Stage 2. SCF/SCCF3 Back Creek Road Water Mains Replacement (Yng). Revenue MR78 Olympic Hwy North Water Mains Replacement. Revenue Boorowa Street (Bunnings development site) frontage works

(Yng). S7.12 (former S94)/Revenue

Boorowa Skatepark. SCCF2 Boorowa Tennis Courts. SCF Boorowa Showground changerooms and toilet upgrade. SSP Legend: RTR - Roads to Recovery S94 - Section 94 Funds VPA - Voluntary Planning Agreement FCR - Fixing Country Roads SCF - Stronger Communities Fund SCCF - Stronger Country Communities Fund DS - Drought Stimulus HVSPP - Heavy Vehicle Safety and Productivity Program SSP - NSW Showground Stimulus Package - Phase One Water Supply and Sewerage Works

Source of Funds Capital Works Water main renewal at Scott Street (Hdn) – 200m to go. Water Fund Water main renewal at Swift Street (Hdn) – Works to begin

late August. Water Fund

MR78 Olympic Hwy North water main renewal – activity began on 11/08/2020. Due for completion mid-October.

Water Fund

Cleaning of railway drain from Lynch Street to Main Street (Yng).

Stormwater Maintenance Fund

Operation and Maintenance

Boorowa pool – to be cleaned and painted. Water meter replacement program in Young – continuing. Routine maintenance and mowing of Lawn and Monumental Cemeteries in Young. Hydrant maintenance throughout town. Water quality testing and monitoring. General operation, routine maintenance and inspection of treatment plants and reservoirs.

316



Iandra Street and Blackett Avenue Intersection, Young. Council has been undertaking road improvement works in this vicinity of Iandra Street for the last fifteen to twenty years to reroute Henry Lawson Way (Regional Road) Traffic (predominantly heavy vehicles) from Blackett Avenue (Former section of Regional Road) and linking streets residential area to Iandra Street and onto the Olympic Highway/Elizabeth Street. This work previously culminated in this Regional Road route redesignation occurring by the State in 2009.

The construction of the recently completed “T” intersection of Iandra and Blackett Avenue builds on this improvement strategy of inducing the bulk of Henry Lawson Way traffic to use Iandra Street.

The following details the original allocation for the Henry Lawson Way/Iandra Street/ Blackett Avenue project, costs to date and projected final cost for the project.

It is understood that the project has been planned by Council for about 15-18 years. A subdivision near this intersection requiring an eastern kerb and gutter alignment to be constructed some 25 years ago.

Prior to any road work being undertaken the priority road was Henry Lawson Way connecting into Blackett Avenue with Iandra Street as a Y. This arrangement was considered poor in terms of vehicle conflict/road layout.

The new layout of Henry Lawson Way (which forms into Iandra St) with Blackett Ave as a T. This new layout encourages traffic to travel on the primary main road, reducing traffic on Council secondary local Road into a residential area. An early concept plan of the intersection is shown over page. Major works to involve earthworks, power pole relocation, drainage and pavement construction.

317



Being on a regional road, the works where considered to be funded from the combined Regional Road Block and Repair grants area. the timeline of project events are outlined below:

As part of Repair Grant approval process, Transport NSW approves the final design prior to construction in early 2020.

Project estimated at $490,000. Funding for the project is sourced from Repair and Block Grants (approx. 50/50) in the 2019/20 year.

Expenditure to date is $508,737 comprising $495,395 from 19/20 (Repair and Block granted) and $13,342 in 20/21 incurred as late expenditures for sealing and traffic control (Block grant funded). The over expenditure is funded from Block grant in both cases.

The initial sealing of the intersection was completed on 1 April 2020. Only 1 pavement soft spot was observed at that time in Blackett Avenue. It was thought that the whole area was to be sealed and that a repair could be effected/repaired following sealing if the area it did not ‘bake out’. Staff also allowed the seal to progress with a heavy rain forecast about this time, which did eventuate. At the time it was envisaged that it was better to seal the area then losing the pavement preparation time and costs incurred.

On 16 April 2020, it was projected that the project in total was to be about $84,311 underspent. As Council needs to acquit these grants fully, a decision was made to extend the work zone into an adjacent road section in Henry Lawson Way to the north of the previous section. The new extended section length extended was 130m. That section was estimated to cost $55,000. Its actual costs are included in the total expenditure to date.

Several soft sections of Blackett Avenue commenced to show after the decision was made to complete the extension works. Cause of soft areas was determined from a mixture of selected road base loads of imported road base being too wet when it was imported in and too much water used in the compaction stage of the road base. The result was pockets of soft patches occurring that penetrated the lower pavement section. This issue resulted in a rework of the Blackett Avenue pavement, eliminating the over wet sections and recompact/trim/seal pavement. That rectification work has now been completed.

In summary:

Project allocation Repair/Block grant $490,000 Expenditure 19/20 including additional section of Henry Lawson Way and rework of Blackett Avenue. $495,395 Expenditure 20/21 includes sealing and traffic control costs. $ 13,435 Total project cost $508,830

Lessons learnt:

Preferable in the past, but difficult now to program is a short pause in construction before final trim is commenced to allow for pavement consolidation via traffic and identification of any soft spots.

Pavement material selection will need reviewing to ensure a type of pavement that meets specification however also has certain characteristics to minimise the ingress of water into the pavement.

318



Musgrave Street Pre construction.

Amongst a list of streets requiring rehabilitation works, only a few can cater for immediate start that are not affected by any associated water main upgrades. Musgrave Street in Young, linked by Blackett Avenue to the west and Elizabeth Street to the east was identified as one of these immediate start streets with water main located behind kerb.

Musgrave Street had a pavement surface in very poor condition requiring regular surface maintenance by Councils road patching crews. Pavement surface had lost its shape and the gutter ponded water. A full pavement treatment was estimated initially to remove and replace the kerb and gutter, chemically stabilise the existing pavement and provide a bitumen seal to complete the works.

The kerb and gutter in this street was also in a very poor condition. It was deemed that a far better job would be achieved if the full kerb and gutter were replaced during the work phase.

The street was a former housing commission development of the 1960’s. The street contains 35 houses, of which 20 are still retained by the NSW Land and Housing Corporation.

It was assumed at that time that there would be some salvage value in the pavement, again assumed like most pavements in Young this street had a decomposed granite type pavement base.

Musgrave Street is 320 metres long with 730 metres of kerbing. Works commenced on kerb replacement with a mountable type kerb. Works take about 8 weeks to complete.

Once kerb works completed, pavement was deemed to be non-salvageable, as the old road had been sealed on a shaped clay material with no residual pavement material. This triggered a full removal and replacement of the pavement. Had the full removal not been implemented then the pavement life would likely have been relatively short, necessitating an early future replacement. The additional work as implemented resulted in construction delays and additional costs to the project.

Base type pavement material selected for replacement was found to not easily be sealed off after finishing. This allowed rainwater ingress into the pavement section below before the seal could be applied. This caused a rework of the pavement (base and subbase layers) which caused cost escalation and time delays in completion of works.

Works scoping and project selection was completed by works staff with the knowledge of the repeat maintenance works of this street. Original funding source for the works was Roads to Recovery 2019/2020.

In summary:

Project allocation Roads to Recovery 2019/2020 $191,000 Expenditure 2019/2020 $209,872 Expenditure 2020/2021 $ 59,516 Total project cost $269,388

319



The over expenditure incurred for 2019/2020 has been taken into account within the 2019/2020 roads to recovery allocation (savings on other projects).

The expenditure incurred in 2020/2021 is being allocated within Councils Roads to Recovery 2020/2021 allocation.

Lessons learnt:

Time needs to be allocated to enable a more fuller pavement investigation to be undertaken to confirm the existing pavement quality at the time of project estimation.

Pavement material selection will need reviewing to ensure a type of pavement that meets specification however also has certain characteristics to minimise the ingress of water into the pavement.

COMMUNITY STRATEGIC PLAN LINKAGE 4.2 High quality built infrastructure that is safe and efficient. FINANCIAL IMPLICATIONS As discussed in the report

320



12.16 - 20/168 – ACTION SUMMARY REPORT Responsible Officer: General Manager

PURPOSE The purpose of this report is to provide a summary of actions undertaken on Council resolutions.

RECOMMENDATION

That Council:

a) Note the status of Council resolutions from the Action Plan; andb) Endorse the removal of completed items from the Action Plan.

ATTACHMENTS Attachment 1 – Action Plan Attachment 2 – Management Questions on Notice

321

Reference Action Related Officer Resolution Status Expected Time Frame

Completed

17/28 LAND ACQUISITION FOR ROAD WIDENING PURPOSES AT VARIOUS LOCATIONS AS FOLLOWS; 1. Lot 935 DP 75461 PARISH OF YOUNG, COUNTY OF MONTEAGLE PATERSONS LANE, YOUNG (Owner, William Blackwood)2. Lot 2 DP 733721 PARISH OF YOUNG, COUNTY OF MONTEAGLE SPRING CREEK ROAD, YOUNG (Owner, Peter Mullany) 3. Lot 542 DP 754611 PARISH OF YOUNG, COUNTY OF MONTEAGLE TUMBLETON LANE, YOUNG (Owner, Charles & Yolanda Mullany)4. Lot 2 DP 754611 PARISH OF YOUNG, COUNTY OF MONTEAGLE TUMBLETON LANE, YOUNG (Owner, Geoffrey Edgerton)1) The Seal of the Hilltops Council be applied to the ‘Deed of Agreement’ for each of the 4 property owners formalising the land acquisition for road widening purposes as follows; I. Lot 935 DP 75461 PARISH OF YOUNG, COUNTY OF MONTEAGLE PATERSONS LANE, YOUNG (Owner, William Blackwood) 33.5m2 at a total value of $13.06 inc GST and fencing cost of $605 inc GST for a total compensation cost being $613.06 inc GST.II. Lot 2 DP 733721 PARISH OF YOUNG, COUNTY OF MONTEAGLE SPRING CREEK ROAD, YOUNG (Owner, Peter Mullany) 298.1m2 at a total value of $658.80 inc GST, total compensation cost being $658.80 inc GST.

DI A future report to Council meeting to consider priorities.

Further review of all acquistions required.

TBA

III. Lot 542 DP 754611 PARISH OF YOUNG, COUNTY OF MONTEAGLE TUMBLETON LANE, YOUNG (Owner, Charles & Yolanda Mullany) 24.4m2 at a total value of $20.52 inc GST, total compensation cost being $20.52 inc GST.IV. Lot 2 DP 754611 PARISH OF YOUNG, COUNTY OF MONTEAGLE TUMBLETON LANE, YOUNG (Owner, Geoffrey Edgerton) 80m2 at a total value of $26.37 inc GST and fencing cost of $330 inc GST for a total compensation cost being $356.37 inc GST.2) The following terms of compensation be applied; a. Council meeting the cost for the preparation of plan of subdivision; b. Council meeting all legal costs;c. Council purchasing the area of land at its pro-rata rateable value; andd. Council meeting the cost of any fencing required.

17/232 1. An audit be undertaken of all Council’s facilities to assess accessibility and provide aprogramme that includes priority listing and timeframe for the upgrading, wherenecessary, of facilities;

DI Report to December 2020 Council Meeting To be included as part of Buildings Asset Management Plans, linked to 17/290-8

Dec-20

2. The Disability Inclusion Action Plan be updated to reflect the programme identified bythe audit

DC Report to December 2020 Council Meeting Manager Strategy and Engagement to Review and follow up

Dec-20

17/290 DONATIONS AND FINANCIAL ASSISTANCE RECOMMENDATIONSThat Council; 8. That staff provide a report on access needs across Hilltops to Council with a view to potentially allocating future funds towards access and that further funds are not allocated until the report is provided.

DC Report to December 2020 Council Meeting Manager Strategy and Engagement to coordinate and prioritise

Dec-20

22 February 2017

25 October 2017

23 August 2017

1322


Completed

17/373 INTEGRATED WATER CYCLE MANAGEMENT UPDATE AND SAFE & SECURE WATER PROGRAM2. lodge a grant funding application under the Safe and Secure Water Programrequesting 50% funding for the business case phase of the project

DI The funding application has been submitted to NSW Water Safe and Secure funding to enable the detailed options assessment works to be finalised, confirm the preferred option, finalise the pipeline route, undertake a site survey, geotechnical investigations, determine any easements, prepare a concept design, and prepare a more detailed cost estimate that can be used to inform a Business Case application.

Sept-20

17/377 Hilltops Floodplain Management Committee – 12 December 2017 That Council; adopt the recommendations of the Hilltops Floodplain Management Committee Minutes – 12 December 2017: 1. That the General Manager be delegated to commence negotiations with the private land owners for the construction of the basins required for Stage 1A Young Trunk Drainage Upgrade scheme

DI Awaiting Confirmation of State funding to match Council Loan Funds to allow land negotiations to progress

TBA

18/25 DRAFT CONTAMINATION POLICY - That Council defer the Hilltops Draft Contamination Policy for further consideration.

DP Part of Waste Strategy discussions proposed approach to be workshopped in September 2020

Dec-20

18/107 HARDEN STREETSCAPE IMPROVEMENTS – ARTC – RAIL PARK MUSEUM AND CARPARK1. Approach the ARTC and the NSW Government on the revitalisation of the precinct todiscuss the potential lease/handover of the site as a community precinct; 2. Delegate the General Manager to negotiate a long-term lease agreement for therailway lands; and 3. That further investigation be carried out on the location of services any other issues onthe site that will affect the potential success of the project.

GM To be reviewed at Budget Workshop as part of Delivery and Operational Plan.

TBA

18/115 PUBLIC EXHIBITION OF INTEGRATED PLANNING AND REPORTING DOCUMENTATION5. Carry out a full review of the leasing and licence arrangement for Council ownedproperties

DC Report to 23 September 2020 Council Meeting Sept-20

18/173 HILLTOPS COMPREHENSIVE LOCAL ENVIRONMENTAL PLAN PREPARATION1. A comprehensive Hilltops Local Environmental Plan be prepared that combines and reviews the existing LEPs in force within the local government area

DP To be progressed upon completion of LSPS Jun-21

20 December 2017

28 February 2018

27 June 2018

23 May 2018

24 April 2018

2323


Completed

18/316 BURLEY GRIFFIN WAY INTERSECTION UPGRADEThat Council; 1. Acquire parcels of land Portions Lot 7 DP747544 Burley Griffin Way for the purposes of a public road under the Land Acquisition (Just Terms Compensation) Act 1991 No.22; 2. Authority be delegated to the General Manager to authorise any documentation necessary to complete the acquisition and to approve the amount of compensation to be assessed by the Valuer General or an independent valuer payable for the acquisition of the land; 3. Upon acquisition being finalised the land be dedicated as public road in accordance with Section 10 of the Roads Act 1993; and4. Enter into an agreement with Sibelco for all costs incurred by Council to be met by Sibelco.

DP Graymont advised agreement with land owner for purchase and a report to be brought to Council at September 2020 meeting

Sept-20

19/68 7.11 - 19/51 – MURRUMBURRAH PRECINCT LANDSCAPE MASTER PLAN(a) Adopts the draft Murrumburrah Precinct Landscape Master Plan; and(b) Report brought back to Council detailing what costing can be afforded for the area and what can be constructed within those costings.

DI Report to September 2020 Council Meeting Sept-20

19/81 10.4 - 19/63 – BOOROWA DROUGHT SECURITY SCHEME OWNERSHIP OPTIONS(a) Endorse Goldenfields complete ownership of the scheme as Council’s preferred option;(b) Delegate to the General Manager to enter into negotiations with Goldenfields around scheme ownership on the basis of the preferred option;(c) Delegate to the General Manager to revert to Council’s fall-back position of Reservoir ownership during negotiations if required;(d) Delegate to the General Manager authority to execute documentation required under the negotiation process and grant application to the National Water Infrastructure Delivery Fund; and(e) Note the timeframes for a return report to Council on the negotiations process being at the May 2019 meeting.

DI Report to November 2020 Council Meeting.Meeting with Minister Pavey held 5 Feb 2020. Further discussions with Office of Water regarding what has been provided. Office of Water has requested further study and review of the off-line storage option at the weir. Review to include different treatment regime. March 2020 working with Office of Water to ensure scope of additional work meets their requirements.

Nov-20

19/195 7.10 - 19/158 – ACQUSITION OF LAND FOR ROAD WIDENING PURPOSES (5-7 Little Street Boorowa)(a) Delegate authority to the General Manager to enter negotiations with owner to acquire section of affected land;(b) An information report be brought back to Council advising of the final price; (c) Delegate authority to the General Manager to execute all necessary documentation associated with the acquisition by private agreement.

DI Report to August 2021 Council MeetingWork on hold, no funds in 2019/20 budget. Refer to budget estimates 2020/21

Aug-21

19/257 12.6 - 19/256 – HILLTOPS WORKFORCE STRATEGYThat Council: (a) Receive and note the report; and(b) Report back to Council on a targeted Workforce Strategy

DC To be reviewed as part of IP&R. Mar-21

26 June 2019

24 October 2018

27 March 2019

28 August 2019

3324


Completed

19/391 12.18 - 19/364 – LAMBING FLAT CHINESE TRIBUTE GARDEN STAGE 1 DELIVERY That Council: (a) Defer the item; and(b) Receive details of the community consultation and a breakdown of costs

DI Design and materials to be reviewed to ensure garden reflects the Chinese heritage, but does not necessarily replicate all detail.

Workshopped with Councillors was conducted in February 2020. To be workshopped later in the year.

TBA

19/428 12.13 - 19/396 – STRATEGIC WASTE ISSUES AND STRATEGY DEVELOPMENTThat Council:(a) Receive and note the report; and(b) Conduct relevant workshops in relation to the waste strategy and the South West Waste Group governance models and options as part of its strategic planning and budgetary processes for 2020.

DP Organise a Councillor Workshop in late August/September 2020 and a report toOctober 2020 Council Meeting.

Oct-20

19/429 12.14 - 19/397 – OLD WHEEO ROAD CAUSEWAYThat: (a) This matter be bought back to a future meeting of Council pending supply of a full report inclusive of asset values and maintenance requirements.

DI General Manager to consult with General Manager of Upper Lachlan Shire Council on issue.

TBA

19/476 15.3 - 19/441 – NEW LEASE 4 CORCORANS COURT, BOOROWA NSW 2586That Council: (a) Enter into a new lease for 4 Corcorans Court with Essential Energy, with a rental fee be as per the rental market appraisal;(b) Allocate $25,000 from building maintenance to replace the existing sliding doors with roller doors;(c) Delegate to the General Manager to negotiate with Essential Energy;(d) Delegate to the General Manager to execute all documentation; and(e) Delegate to the General Manager to use the Common Seal of Council in executing the Lease

18/115 - 23 May 2018

DC Report to 23 September 2020 Ordinary Council Meeting.

Lease will be concluded as part of lease program.

Essential Energy are having their own valuation undertaken. Quotes obtained for doors. Awaiting budget to commence.

Sept-2018 DECEMBER 2019

27 NOVEMBER 2019

23 OCTOBER 2019

4325


Completed

20/35 12.7 - 20/30 – URBAN TREE MANAGEMENT POLICY WITH COUNCIL OWNED AND MANAGED LANDSThat Council (a) Defer this item.

18/22125 July 1918/22425 July 19

DI Report to October 2020 Council Meeting Oct-20

20/36 12.8 - 20/31 – RURAL ROADSIDE VEGETATION MANAGEMENT WITHIN COUNCIL OWNED AND MANAGED ROADS POLICY That Council; (a) Defer this item.

DI Report to October 2020 Council Meeting Oct-20

20/38 12.10 - 20/33 – KRUGER HEALTH AND WELLNESS COMPLEX HYDROTHERAPY POOL MAJOR CAPITAL UPGRADES That Council:(a) Adopt the recommendation to forward all items discussed in the report to the 2020/2021 Forward Estimates for consideration for the sum of $181,000; and(b) Adopt the recommendation that Council formally advises The Kruger Trust of this urgent and important periodic maintenance and the estimated costs associated with for information and consideration of the Trust to possibly supplement the funds sought; and (c) Have brought back to Council the costs to maintain the Hydrotherapy Pool for the former Harden Shire and now Hilltops Council.

DI/DC General Manager to engage with Kruger Trust and report back to Councillors.

Sept-20

20/79 15.2 - 20/70 – LAND PURCHASE 234 BOOROWA STREET, KOORAWATHAThat Council: (a) Purchase the land identified road widening on the Plan of Acquisition and in the terms identified in the report;(b) That an amount of $10,000 be re-allocated from engineering operations for the purchase of the land, legal costs and the replacement of fences; and(c) That the General Manager be delegated authority to execute the documentation.

DI Documentations with solicitors for preparation of deeds of sale

Sept-20

20/83 12.5 - 20/79 – 2018/DA-00014: RESIDENTIAL SUBDIVISION - TWO (2) LOTS INTO TWENTY-FOUR (24) LOTS AND NEW ROADThat Council: (a) Defer the matter to give the applicant sufficient time to respond to Councils request for more information.

DP Ongoing discussions with developer TBA

20/90 12.4 - 20/78 – SUBMISSION TO DRAFT PROPOSED STATE HERITAGE REGISTER LISTING OF THE SITE OF THE LAMBING FLAT ANTI-CHINESE RIOT SITE AND ASSOCIATED BANNER, YOUNGThat Council:(a) Supports a heritage listing with amended proposed curtilage boundary (in accordance Map A, attached) as the preferred option to be submitted to Heritage Council of NSW; and (b) Is to receive a further report upon completion of the consideration of the listing by Heritage Council of NSW, summarising feedback and any recommended changes to the draft State Heritage Register nomination to the Lambing Flat Anti-Chinese Riot Site and Associated Roll-Up No Chinese Banner.

DP Part (a) complete - submission sent in May 2020 - awaiting response from Hertiage NSW for further report to Council.

TBA

22 APRIL 2020

25 MARCH 2020

26 FEBRUARY 2020

5326


Completed

20/125 12.1 - 20/109 – HILLTOPS COUNCIL MAJOR EVENTS 2020 That Council: (a) Cancel the following major Hilltops Council events in their traditional format for 2020 including Cherry Blossom Long Lazy Lunch, Boorowa Irish Woolfest and Harden Kite Festival;(b) Allocate 50% of the marketing budget for each event to be used to increase visitation to the region and update event websites; (c) Cancel the Young National Cherry Festival in its traditional format and allocate 50% of National Cherry Festival Entertainment and Services budget to host COVID safe activities; and (d) Receive a report on alternative program after engaging with the community.

MCM Report to July 2020 Jul-20 Completed

20/137 12.7 - 20/115 – PUBLIC EXHIBITION – COPPABELLA WIND FARM DRAFT VOLUNTARY PLANNING AGREEMENT COMMUNITY ENHANCEMENT FUNDThat Council:(a) Defer the report and a further report be brought back to Council subject to advice.

DP Report to September 2020 Sept-20

20/141 12.10 - 20/118 – LOCAL ROAD AND COMMUNITY INFRASTRUCTURE PROGRAM GRANT(a) That the funds be used on capital renewal projects which comply with the conditions; and(b) A further report identifying capital renewal programs be brought back for Councillors review in July 2020.

20/10127 May 2020

DI Report to 22 July 2020 Ordinary Meeting of Council

Jul-20 Completed

20/142 12.11 - 20/119 – ENERGY SAVING CERTIFICATES PROVIDER FOR LED STREETLIGHT CONVERSION That Council: (a) Defer the report to July 2020.

DI Report to 22 July 2020 Ordinary Meeting of Council

Jul-20 Completed

20/146 12.15 - 20/123 – HILLTOPS COUNCIL LOCAL TRAFFIC ADVISORY COMMITTEE (LTAC) – MINUTES 3 JUNE 2020That Council: (a) Endorse the minutes of the from Hilltops Council Local Traffic Advisory Committee – 3 June 2020; and all items recommended be placed on council’s action list for activities to be undertaken; within Council constraints and budget; (a) Special Event, 24th Annual Boorowa Irish Woolfest Sunday, 4 October 2020;(b) Special Event, 55th Annual Boorowa Netball and Touch Football Gala Day CarnivalFriday, 23 October 2020;(c) Special Event, 15th Annual Harden Kite Festival Saturday, 10 October 2020;(d) Special Event, Annual National Cherry Festival 3 to 6 December 2020- Temporary Road Closure for Entertainment Area, Street Stalls and Activities,Anderson Park and Railway Station Precinct, from 12 noon Thursday, 3December 2020 to 4pm 6 December 2020- Temporary Road Closure for Fireworks at Nasmyth and Lovell Street 4December 2020, 8pm to 10pm- Temporary Road Closure for Car Show, Clarke Street and Rosemary Lane, 5December 2020, 7am to 2.30pm

DI (b) Should activities be cancelled for any reason, the information be removed from the action list.

Completed

24 JUNE 2020

6327


Completed

_Temporary Road Closure for Massed Bands and Celtic Tattoo, betweenClarke Street to Main Street 5 December 2020, 2.30pm to 3.45pmTemporary Street Closure for Street Parade, Boorowa Street, 5 December2020, 4pm to 5pm.(e) Speed Limit, vicinity of 241 Alloway Road (eastern end, Boorowa)- Seek assistance of TfNSW to undertake a site inspection for a speed zonereview assessment in the vicinity of 241 Alloway Road, Boorowa; and- Further consideration by staff and TfNSW for warning advisory signagerequired and report findings to the next LTAC meeting in September 2020.(f) Traffic Flow, North Street Lane Vicinity of Stair Street, Harden- Installation of curve warning signs on Allsop Street and Stair Streetindicating the side road intersection of North Street Lane(g) Loading Zone, Lighting Lane Rear of Hilltops Council Administration Centre, Young Office, Young- The installation of No Stopping signage in Lighting Lane at the rear of theHilltops Council Administration Centre – Young Office, for approximately6.5 metres directly east of the pedestrian kerb blister. This is to provide aline of sight for pedestrian movement exiting the building and the traffictravelling west bound; and_The installation of Loading Zone signage in Lighting Lane at the rear of theHilltops Administration Centre – Young Office, to commenceapproximately 6.5 metres east of the pedestrian kerb blister for a length ofapproximately 7.5 metres and the remaining 7 metres further east again, toremain as parallel kerb side parking.(b) Should activities be cancelled for any reason, the information be removed from the action list.

20/154 8.1 - 20/129a – LOCAL GOVERNMENT EXCLUSION FROM NATIONAL CABINET That Council: (a) Agrees to send a letter to the Premier Gladys Berejiklian and Deputy Prime Minister and Federal Member for Riverina Michael McCormack and to Federal Member for Hume Hon Angus Taylor MP and the State members Steph Cooke MP for Cootamundra and Wendy Tuckerman MP for Goulburn respectively which highlights the Council’s disappointment that Local Government is not represented on the newly formed National Cabinet and seeks their assistance in requesting that First Ministers review the decision to exclude Local Government;(b) Seeks a meeting with our local Federal and State Members to discuss in more detail the importance of having local government representation on National Cabinet and the value of partnerships with Councils in achieving the objectives of the National Cabinet and the national reform agenda; and(c) Notes that the Australian Local Government Association, Local Government NSW and other state/territory local government associations will continue to advocate for local government representation on the National Cabinet and for Local Government’s interests in all relevant forums.

GM / MAYOR

Letters sent Completed22 JULY 2020

7328


Completed

20/157 12.1 - 20/131 – COUNCILLOR REMUNERATION 2020/2021 That Council:(a) Fix the annual fee for Councillor remuneration for the 2020/2021 financial year as $12,160 per Councillor, being the maximum fee for rural Councils prescribed by the NSW Local Government Remuneration Tribunal; and(b) Fix an annual fee for mayoral remuneration for the 2020/2021 financial year as $26,530, being the maximum fee for rural Councils prescribed by the NSW Local Government Remuneration Tribunal, with the mayoral fee to be paid in addition to the fee paid to the mayor as a Councillor.

DC Completed

20/158 12.2 - 20/132 – DRAFT ADVERSE EVENTS PLANThat Council: (a) Receive the draft Adverse Events Plan; and(b) Adopt the Adverse Events Plan, as presented, for integration into strategic and operational control.

GM Completed

20/159 12.3 - 20/133 – PUBLIC EXHIBITION FOR MURRUMBURRAH FLOODPLAIN RISK MANAGEMENT STUDY AND PLAN That Council: (a) Place the draft Murrumburrah Floodplain Risk Management Study and Plan on public exhibition for 28 days; and (b) Receive a report to its Ordinary September 2020 Meeting to consider all submissions received from the public exhibition period prior to adoption of the Murrumburrah Floodplain Risk Management Study and Plan.

DI Information to accompany study being reviewed - exhibition from Friday, 31 July 2020 to Friday, 28 August 2020.Submissions will be reviewed and a report to 23 September 2020 Ordinary meeting of Council.

Sept-20

20/160 12.4 - 20/134 – HILLTOPS COUNCIL MAJOR EVENTS 2020 That Council:(a) Roll over all funding from the 2020 Destination New South Wales Event Grants to 2021 including Micro Event Funding for Irish Woolfest, $10,000 and Harden Kite Festival, $10,000. Plus, Triennial Flagship Event Funding for National Cherry Festival, $30,000 for three years 2021, 2022 and 2023;(b) In conjunction with the Boorowa Irish Woolfest and Harden Kite Festival Section 355 Committees, conduct a COVID-19 safe and virtual activity program from September – October to feature activities that promote Boorowa and Harden to stimulate the Hilltops economy; (c) In conjunction with the National Cherry Festival Section 355 Committee, conduct a COVID-19 safe and virtual activity program from November – December to promote Young featuring the Cherry Harvest to stimulate the Hilltops economy; and(d) Endorse the Draft #ShoptheHilltops Campaign from August to December 2020 promoting local businesses and visitation to the region to stimulate the Hilltops economy.

20/125 - 24 June 2020

MCM Jun-20 Completed

20/163 12.7 - 20/137 – FEE RELIEF OPTIONS That Council: (a) Reviews and notes the report; and (b) Considers the findings as part of its 2020/2021 budget deliberations.

DC Refer to budget estimates 20/21 Completed

8329


Completed

20/167 12.11 - 20/141 – LOCAL ROAD AND COMMUNITY INFRASTRUCTURE PROGRAM GRANTThat Council: (a) Receive and Note the Report; (b) Endorse the balance of the grant by the nominated renewal works as tabled in the report; and (c) Receive a further report on:I. Cost of using Asphalty concrete in the Young CBD area and all other nominated footpaths;II. Required adjustments to levels; andIII. Colouring of asphalt to be white or low reflectivity for low heat reduction impacts.

DI Report to 26 August 2020 Ordinary Meeting of Council

Aug-20

20/168 12.12 - 20/142 – REGIONAL ROAD TRANSFER AND NSW ROAD CLASSIFICATION REVIEWThat Council: (a) Receives and notes the report; and(b) Following Council discussion, that a further report in August be tabled outlining Councils submission details.

DI Report to 26 August 2020 Ordinary Meeting of Council

Aug-20

20/172 14. 1 - 20/146 – REQUEST REPORT RE: RECOMMENCEMENT PRIVATE WEED CONTROL That Council: (a) Receive a report at the 26 August 2020, Hilltops Council Ordinary Meeting on the merit of recommencing private weed control works.

DC Report to 26 August 2020 Ordinary Meeting of Council

Aug-20

20/174 15.2 - 20/148 – ENERGY SAVING CERTIFICATES PROVIDER FOR LED STREETLIGHT CONVERSIONThat Council: (a) Receive and note the report;(b) Under S.55 part 3(i) of the Local Government Act 1993 not call open tenders for the appointment of an Accredited Certificate Provider due to extenuating circumstances, instead appoint the National Carbon Bank of Australia to this role; and(c) Delegate to the General Manager to execute documentation as required and write to the National Carbon Bank of Australia and Essential Energy notifying them of Council’s resolution.

DI Completed

2. Cr Flanery Kruger Medical Centre - Planning Agreement document DC Performance Plan document outstanding Report to 26 August 2020 Council Meeting

Aug-20

1. Cr Flanery Request Report 22 August 2020 Dam Safety Emergency Plan - Boorowa(a) What is outstanding with the Plan – are there any concerns with the Plan or is the Plan complete?

DI Report to 26 August 2020 Ordinary Meeting of Council.

Aug-20

MEETINGS OF HILLTOPS COUNCIL - MANAGEMENT QUESTIONS ON NOTICE FROM 22 APRIL 2020

MEETINGS OF HILLTOPS COUNCIL - MANAGEMENT QUESTIONS ON NOTICE FROM 22 JULY 2020

9330



CORRESPONDENCE FOR INFORMATION

INFORMATION

12.17 – 20/169 – MEDIA RELEASES AND OFFICE OF LOCAL GOVERNMENT CIRCULARS

RECOMMENDATION

That Council:

a) Note the media releases and dates of release fromMay 2020 – June 2020. All Hilltops Council media releases can be found on theHilltops Council website: https://hilltops.nsw.gov.au/; and

b) Note the Office of Local Government Circular and date of release for May – June2020. All Office of Local Government Circular releases can be found on the Officeof Local Government website:

https://www.olg.nsw.gov.au/Councils/essential-information-and-publications/circulars-for-Council

MEDIA RELEASE

- Updated Media Release - Update on 2020/2021 Rates Notices – 13 August 2020 - Update on 2020/2021 Rates Notices – 13 August 2020 - Victoria Street Waste Management Facility Temporarily Closed – 13 August 2020 - Urgent Short Term Level Two Water Restrictions for Boorowa – 11 August 2020 - Temporary Closure of Tresillian Park for Hazardous Tree Removal – 10 August 2020

UPDATE: Due to heavy rain and the forecast of further rain, the removal of this tree has been postponed and will be rescheduled in the coming weeks.

- Protect Your Water Supply – 6 August 2020 - Local Government Week Highlights Integral Role Hilltops Council Plays in the

Community – 6 August 2020 - On Public Exhibition: Murrumburrah Harden Floodplain Risk Management Study

and Plan – 4 August 2020 - Hilltops Council Financial Assistance and Sponsorship Programs open for

Applications – 3 August 2020 - New approach for Hilltops Region 2020 Major Events – 29 July 2020

OFFICE OF LOCAL GOVERNMENT CIRCULARS

21 August 2020 Circular No. 20-34 Joint Organisation Calendar of Compliance and Reporting Requirements 2020-21

21 August 2020 Circular No. 20-33 Calendar of Compliance and Reporting Requirements 2020-21

14 August 2020 Circular No. 20-32. Amendments to the Model Code of Conduct for Local Councils in NSW and Procedures.

14 August 2020 Circular No. 20-31. New Requirement for Councils to Retain Recordings of Meetings on their Websites for a Minimum of 12 Months.

5 August 2020 Circular No. 20-30. COVID-19 Economic Stimulus Package – 2020-21 4 August 2020 Circular No. 20-29. September 2020 Mayoral Elections.

331



COUNCIL COMMITTEE REPORTS – REQUIRING ACTION

12.18 – 20/170 – BOOROWA COMMUNITY GARDEN COMMITTEE Responsible Officer: Director Corporate

PURPOSE The purpose of this report is to receive and note the minutes of the Boorowa Community Garden Committee and appoint the nominations received for the President and Vice President of the committee.

RECOMMENDATION

That Council:

(a) Receive and note the Boorowa Community Garden Committee Minutes 25 June 2020; and

(b) Confirm the appointment of nominations received for the following office bearers of the Boorowa Community Garden Committee:

I. President – Steve Pescud II. Vice President – David Evans

REPORT/SUMMARY/BACKGROUND Minutes have been received from Boorowa Community Garden Committee. The minutes contain a recommendation to endorse the nomination of a President and Vice President of the committee.

ATTACHMENT Attachment 1 – Boorowa Community Garden Committee Minutes, 25 June 2020.


STRATEGIC PLAN LINKAGE 5. Ethical, proactive and effective leadership and governance

CONSULTATION AND TIMING Committee Meeting

332

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12.19 - 20/171 – MURRINGO COMMUNITY ASSOCIATION INC. AND MURRINGO 355 COMMITTEE Responsible Officer: Director Corporate

PURPOSE The purpose of this report is to receive and note the minutes of the Murringo Community Association Inc and Murringo 355 Committee 11 February 2020 and 23 June 2020 and note the recommendations therein have been actioned by staff.

RECOMMENDATION

That Council:

(a) Receive and note the Murringo Community Association Inc and Murringo 355 Committee Minutes 11 February 2020 and 23 June 2020; and

(b) Confirm the recommendations contained in the minutes and refer the action items to Council staff.

REPORT/SUMMARY/BACKGROUND Minutes have been received from Murringo Community Association Inc and Murringo 355 Committee. The minutes contain recommendations to Council:

6.2 Follow up recommendations to Council in recent meetings: 1. Council to spray for catheads and other weeds in well paddock – Spraying is

being carried out according to seasonal incursion. 2. Fumigation of Halls – periodical spraying is carried out.3. Pump out of septic system – being monitored by Council staff.4. Halls and toilets be included in Councils cleaning schedule – this has been

placed on Councils schedule and is being carried out.5. Look at 3 phase power available to accommodate new air conditioning and

extra power required during functions – monitoring is being undertaken.6. Toilets are being monitored for running water.

ATTACHMENT Attachment 1 - Murringo Community Association Inc and Murringo 355 Committee

Minutes 11 February 2020 Attachment 2 - Murringo Community Association Inc and Murringo 355 Committee

Minutes 23 June 2020


STRATEGIC PLAN LINKAGE 5. Ethical, proactive and effective leadership and governance

CONSULTATION AND TIMING Committee Meetings held

335

Minutes

Minutes of the Murringo Community Association Inc and Murringo 355 Committee Meeting

Held at Memorial Hall, Murringo Gap Rd, Murringo, Tuesday 11th February 2020, 6pm

___________________________________________________________________

1 ATTENDANCE AND CONFIRMATION OF QUORUM

1.1 Attendance:

President: Gina Galvin

Vice President: Apology

Secretary: Julie Downs

Treasurer: Ann Maree Doyle

Bookings Officer: Gina Galvin

Councillor: Apology

General Members: Maureen Virgo, Tracy Patterson, Leah Coggin, Marg Gillespie

Confirmation of a Quorum: There are 7 Members appointed to this Committee. Quorum numbers are met [yes] Note: If quorum numbers are not met no actions can be made at this meeting. An informal discussion on items on the agenda can only take place. All agenda items from this meeting will be transferred to the next meeting for determination. Notes on the informal discussion can be made for reference at the next meeting. See Section 355 Committee Manual to identify if quorum numbers are meet.

1.2 Apologies

MCA: Tricia Mack, Tony Porter, John Richens, Heather Ritchie, Ian Hopwood, Loris Denyer, Tony Wallace, Carol Hewson

355Committee: Heather Ritchie, Tony Wallace, Carol Hewson

2 DISCLOSURE OF INTERESTS

Identify if there are any Conflict of interests that need to be disclosed in the Minutes.

3 CONFIRMATION OF PREVIOUS MEETING MINUTES

The minutes of the last Murringo Section 355 Committee and Murringo Community association meeting dated 10th December 2019 be confirmed as true and correct. Moved: Ann Maree Doyle Seconded: Maureen Virgo

1 ACTION LIST

MOVED TO GENERAL BUSINESS

2 BUSINESS ARISING FROM PREVIOUS MINUTES:

2.1 Moved to general Business

336

3 CORRESPONDENCE IN:

Martin hewson - Letter regarding Filters for water tanks Council ( Martin Langfield) - Sponsorship program Martin Hewson- Suggestion of new name for Well paddock Weeds -Ben Mott- 0409 256 779

4 CORRESPONDENCE OUT ‐

Council - letter of support for path upgrade Minutes of December meeting

Moved Gina Galvin Seconded Tracy Patterson

5 REPORT FROM THE TREASURER/PRESIDENT/SECRETARY:

Treasurer's Report

Report as presented to meeting

Motion:

“That the financial statements for the months oF DECEMBER 19 AND January 20 accounts are

ratified and all accounts approved for payment”

Moved: Ann Maree Doyle Seconded: Gina Galvin

Sub Committees

a) Village & Hall maintenance ‐

i) Request from Martin Hewson to purchase Stainless STeel strainers for the water

tanks at the Halls , There are two and the Murringo RFS has agreed to purchase one

and he MCA the Other Cost: $275 each

1) Motion: To purchase one Stainless steel strainer for the water tank.

Moved Gina Galvin Seconded JUlie Downs Carried

ii) Roller door at back of Hall needs a new faceplate and lock due to a break in over

Christmas. The old whipper snipper and an air compressor were taken , the police alerted. No

insurance claim lodged.

iii) Toilets ‐ Water is pooling in the doorways of both mens and ladies toilet areas and

also many of the toilets are NOT sealing and constantly running wasting water

Motion: Recommend council to organise a plumber to have a look at the running toilets

and if there is money to have a builder install awnings over the entrance ways of the toilets.

Moved Julie Downs Seconded Gina Galvin Carried

337

b) Footpath ‐ A letter of support was written to council regarding the possible cementing

c) Well paddock,BBQ area and Play equipment

i) Proposal from MArtin Hewson: To be discussed in general business

ii) Follow up:

Shade sail application ‐ no reply as yet

Weed spraying ‐ Ben MOtts number supplied ‐ Julie to give him a call

d) Events‐

i) Opening of BBQ area and playground ‐ this went very well on Boxing Day evening‐

quite a few turned up with a great cricket game taking place.

e) Markets

i) Next Markets is May 3rd, 2020 ‐ Tracy following up on new stall holders , Jumping

castle ‐ last go to previous ones, Need to move a couple of tables nearer the

playground.

f) Grants

i) Ideas for grants:

1) park bench to install near playground,

2) Trivia night prizes

3) Flood lights for Well paddock

4) Small Halls Entertainment night ‐ open mike night

g) Community Involvement ‐

i)

h) Relationship with council‐

i) Waiting to hear back from Leanne Leihn regarding a few questions as per the

correspondence ‐apparently she is on extended leave

i) Heritage Need to follow up progress of signs, Gina to follow up with Tricia and Jan

338

j) Murringo Cemetery Columbarium

Gina has not heard from John regarding name plates for Rock at Columbarium. Gina to send

email

6 GENERAL BUSINESS (LIST AGENDA ITEMS)

6.1 .

Proposal: To officially rename the area now known locally as “The Well Paddock” as “The

Anthony (Tony) Young Memorial Park”.OR some other appropriate working of Tony’s name

recognizing his lifetime of voluntary effort given to the Murringo village and area in his

dedicated association with and of the MCA, Public School P & C and MBFB.

Proposed to send Mitzie a letter for approval, was also raised that the BBQ area could be

called the Gordon Oaks BBQ as the money he donated went towards it.

6.2 Follow up of recommendations to council in recent meetings

1. Council to spray for catheads and other weeds in well paddock

Also a follow up on last recommendations from October meeting

2. Fumigation of Halls

3. Pump out of septic system

4. Halls and toilets be included in councils cleaning schedule

5. Look at Phase 3 power available to accommodate new air conditioning and extra power

required during functionsMotion:

Move to resubmit the above list of recommendations to council

Moved : Julie Downs Seconded: Gina Galvin Carried

6.3 Anzac day ‐ Gina will order the box from the War Memorial

And ask Carol if she will assist in organisation

6.4 Val would like to see pantry cupboardsput into back storage room for the plates and glasses,

so that they are away from Mice and dust. Prices for cupboards to be sourced.

In the meantime there is a wedding 22nd Feb and will need to wash the plates etc. ‐ <aureen and

Ann Maree volunteered

6.5 An updated list of Assets needs to be sent to Council

7 SUMMARY OF RECOMMENDATIONS TO COUNCIL


339

1.Council to spray for catheads and other weeds in well paddock

Also a follow up on last recommendations from October meeting

2 Fumigation of Halls

3 Pump out of septic system

4 Halls and toilets be included in councils cleaning schedule

5 Look at Phase 3 power available to accommodate new air conditioning and extra power required

during functionsMotion:

Motion: Move to resubmit the above list of recommendations to council

Moved : Julie Downs Seconded: Gina Galvin Carried

7.2 Toilets ‐ Water is pooling in the doorways of both mens and ladies toilet areas and also many

of the toilets are NOT sealing and constantly running wasting water

Motion: Recommend council to organise a plumber to have a look at the running toilets

and if there is money to have a builder install awnings over the entrance ways of the toilets.

Moved Julie Downs Seconded Gina Galvin Carried

7.3

Meeting Closed at 7.35pm

Next meeting; will be held 14th April 2020 at Memorial Hall, Murringo Gap Rd, at 6 pm

340

Minutes

MINUTES of the Murringo Community Association Inc and Murringo 355 Committee Meeting

Held at Memorial Hall, Murringo Gap Rd, Murringo, Tuesday 23rd June 2020, 5.30pm

___________________________________________________________________


1.1 Attendance:

President: Gina Galvin

Vice President: Apologie

Secretary: Julie Downs

Treasurer: AnneMaree Doyle

Bookings Officer: Gina Galvin

Councillor: -

General Members: Marty Hewson, Mary Joliffe, Marg Gillespie, Leah Coggan

Confirmation of a Quorum: There are ___ Members appointed to this Committee.

Quorum numbers are met [yes]

Note: If quorum numbers are not met no actions can be made at

this meeting. An informal discussion on items on the agenda

can only take place. All agenda items from this meeting will

be transferred to the next meeting for determination. Notes

on the informal discussion can be made for reference at the

next meeting. See Section 355 Committee Manual to identify

if quorum numbers are meet.

1.2 Apologies

MCA: Heather Ritchie, Carol Hewson, Maureen Virgo, Tracy Paterson

355 Committee: Heather Ritchie, Carol Hewson, Maureen Virgo, Tracy Paterson

2 DISCLOSURE OF INTERESTS

Identify if there are any Conflict of interests that need to be disclosed in the Minutes.

3 CONFIRMATION OF PREVIOUS MEETING MINUTES

The minutes of the last Murringo Section 355 Committee and Murringo Community Association

meeting dated 11th February 2020 be confirmed as true and correct.

Moved: AnneMaree Doyle Seconded: Marg Gillespie


341

1 ACTION LIST

MOVED TO GENERAL BUSINESS

2 BUSINESS ARISING FROM PREVIOUS MINUTES:

2.1 Moved to General Business

3 CORRESPONDENCE IN: AS tabled

4 CORRESPONDENCE OUT: As Tabled

Moved: Marty Hewson Seconded: Leah Coggan

5 REPORT FROM THE TREASURER/PRESIDENT/SECRETARY:

Treasurer's Report

Report as presented to meeting

Motion:

“That the financial statements for the months oF DECEMBER 19 AND January 20 accounts are

ratified and all accounts approved for payment”

Moved: Anne Maree Doyle Seconded: Marg Gillespie

Sub Committees

a) Village & Hall maintenance -● Where are we up to with the purchase of the stainless steel water strainer for one of

the water tanks at the back of the hall.- waiting to here back from RFS● Roller door lock to be fixed - Slide bolts will be used with padlocks● Awning over the toilets to stop water pooling at the doorways.

Motion: That it be recommended to council to add awnings over the entrance waysto the public toilets to reduce the water running back into the toilet entrance waysMoved : Gina Galvin Seconded: Leah Coggin Carried

b) Footpath - No Discussion

c) Well paddock, BBQ area and Play equipment -i) Mitzie was contacted regarding the proposal to rename the area known as “The Well

Paddock” to “ The Anthony (Tony) Young Memorial Park” or some other name that shemay like. - Still awaiting a response. Gina will follow up with another email


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ii) Council has sprayed for catheads and other weeds in “The Well Paddock”. - has beencarried out by council

d) Events -e) Markets - Sunday, 1st November 2020 - Carried over to next meeting

f) Grants - Australia Post Community Grant is open and we are looking for ideas. See attached.- Ideas required - gym equipment for community use

g) Community Involvement - Gina organised during lock down time grocery orders throughIGA for the members of the community who isolated due to COvid19

h) Relationship with Council - Council has agreed to add to their roster for the cleaning of thepublic toilets on a weekly basis at the same time that they come out to empty the outsidebins at the hall. This has been one of our recommendations for a long time and we wish tothank them for acting positively on this matter. Val will still do hall, BBQ, and before andafter functions

i) Heritage - Neil Gow continuing research for WWII names for the War Memorial

j) Murringo Cemetery Columbarium - An email was received on the 14th May 2020 stating thefollowing “we will not need to alter the rock but will mount the plaque with offsets and then seal behind so that it will look aesthetically pleasing. - names will be on front and back of Plaque

6 GENERAL BUSINESS (LIST AGENDA ITEMS)

6.1 . Announcing that the AGM will be held on the 11th August 2020 at 7pm.

Calling for nominations please. See attached nomination forms.

- Julie Downs not restanding as Secretary - Marg Gillespie is not restanding as an ordinary member


1. Fumigation of Halls

2. Pump out of septic system

3. Look at Phase 3 power available to accommodate new air conditioning and extra power

required during functions.

7 SUMMARY OF RECOMMENDATIONS TO COUNCIL (IS APPLICABLE)

Recommendations to Council must be in line with the guidelines, a motion moved by the committee.


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Recommendation 1:

● Awning over the toilets to stop water pooling at the doorways.Motion: That it be recommended to council to add awnings over the entrance waysto the public toilets to reduce the water running back into the toilet entrance waysMoved : Gina Galvin Seconded: Leah Coggin Carried

Recommendation 2: Follow up on previous recommendation as per 6.2, from previous meetings

Meeting Closed at 6.35pm Next meeting; will be held 11th August 2020 at Memorial Hall, Murringo Gap Rd, Murringo following the AGM at 7 pm.


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12.20 - 20/172 - COMMITTEE REPORTS – REQUIRING NO ACTION Responsible Officer: Director Corporate

PURPOSE The purpose of this report is to endorse the minutes of the Section 355 Committee’s and other Committee’s as listed where Council has appointed delegates.

RECOMMENDATION

That Council;

a) Receive and note the minutes of the following committee reports as presented.

Lachlan Regional Transport Committee Meeting - 15 February 2020 Redhill Reserve Committee Meeting - 20 March 2020 (no quorum present) Hilltops Wellness Action Group Meeting – 9 June 2020 Young Sports Advisory Committee Meeting – 9 March 2020 Young Sports Advisory Committee Meeting - 13 July 2020 Biosecurity (Weeds) Section 355 Committee Minutes - 28 July 2020

ATTACHMENTS Attachment 1 - Lachlan Regional Transport Committee Minutes -15 February 2020 Attachment 2 - Redhill Reserve Committee Minutes - 20 March 2020 (no quorum present) Attachment 3 - Hilltops Wellness Action Group Minutes – 9 June 2020 Attachment 4 - Young Sports Advisory Committee Minutes – 9 March 2020 Attachment 5 - Young Sports Advisory Committee Minutes – 13 July 2020 Attachment 6 - Biosecurity (Weeds) Section 355 Committee Minutes - 28 July 2020

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Minutes of the Ordinary Meeting held in Picton 1.

Saturday 15th February 2020

At 10amChairman: Vicki Etheridge opened the meeting and welcomed everyone present and thanked Wollondilly Shire for having us here today.Vicki introduced our host Judith Hannan from Wollondilly Council who welcomed everyone present and added how important it was to have visitors in the shire with the floods and fires that have occurred.

ATTENDANCE: As per attendance sheet Total 14

APOLOGIES: Dom Figliomeni, Lawrence Ryan, Steph Cooke MP, Craig Bembrick. Pascale Stendell, John Hamblin, John O’Leary, John Hetherington, Dale Wiencke, Rob Fisher, Bede Ryan and Ken McGrath TOTAL 12 MOVED: Maurice Simpson That apologies be accepted. SECONDED: Ray Morris CARRIED.

MINUTES OF THE PREVIOUS MEETING WERE READ: MOVED: John Horton SECONDED: Garry Brathwate CARRIED.

CORRESPONDENCE IN: 19/12/19 Submission Acknowledgement Senate Rural and Regional Affairs and Transport References Committee for the Inland Rail Request from Michael Paag Requested to join the LRTC as he is part of the Blackheath Highway Action Group and has submitted a submissions to the State Government about the Mid Western Highway

CORRESPONDENCE OUT: Letters from Phillip Laird to State and Federal Governments 12/11/19 Steph Cooke re: Harden Railway Station 13/11/19 Membership Invoices to all individual members 15/11/19 Inland Rail submission to inquiry 15/11/19 Maurice Simpson Inland Rail submission to inquiry 15/11/19 Jody McKay NSW Opposition leader & Greg Warren Shadow Minister for Local Government MOVED: Ray Morris SECONDED: John Faulks CARRIED

TREASURER’S REPORT Opening Balance as at 1/11/2019 $17391.44 Income $ 2312.70 Expenses $ 150.00 Closing Balance as at 31/1/2020 $19554.14

Questions arising from Treasurer’s report Judith Hannan asked if Wollondilly had paid their dues and Treasurer Dennis replied that they had not been paid. It was suggested that ones that had not been paid were advised of this and she advised that she would rectify this. Michael Paag: asked if Blue Mountains City Council had paid their Membership.

Version: 1, Version Date: 12/03/2020Document Set ID: 813864Version: 1, Version Date: 12/03/2020Document Set ID: 813864

Attachment 1 - Lachlan Regional Transport Committee Minutes -15 February 2020

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Dennis Hughes: Member Councils, life members and individual members who have paid are listed on the bottom of the report. MOVED Stephen O’Byrne that the Treasurer’s report be accepted and accounts be paid. SECONDED Maurice Simpson CARRIED

REPORTS FROM COUNCILS, ORGANISATIONS, GROUPS AND INDIVIDUALS Garry Brathwate has been speaking with Mike Sullivan the Managing Director of Alcan and he has said that the company will be working under two different identities so you can now invest in either precious metals or gold. The Maryvale to Sandy Hollow railway line, a company has been invited to do a feasibility study from Maryvale to Gulgong railway. There has been no news on the River Street Bridge.

Ray Morris from The Lachlan Valley Railway: We are still processing the move to run tourist trains from Cowra to Woodstock. We have carried out an engineering feasibility study on the line from Cowra to Woodstock and I think it has been submitted to John Holland and we are waiting to hear a reply. I think the Mayor of Cowra may have more information. We are tidying up the depot a little more and making the place very visitor friendly and with the help of the Council, who have helped us a lot, we are just hopeful the future will be brighter. We have had to go a little slower because of the drought conditions affecting the Cowra Council and the entire area and other people here will understand they have the same problem and some also have the added problem of bushfires. We all wait and hope for the future.

Eddy Wilkinson Everybody else probably knows when we got the supposed cheque for reopening to Maimuru but the ARTC have pulled out the interlocking at Demondrille so you can’t get in and they have now disconnected the other end at Blayney. They have cut it to run a line into a pet food factory which very quickly folded. So if you want to get a work train into there or do anything at all, you are now faced with a bill to connect it from either or both ends.

Steven O’Byrne Weddin Shire Council: Our Henry Lawson Festival won’t be going this year as a festival with the construction of the main street upgrade. We will be ripping it up in 2 months. We will do something so that we can keep the date. Our Ambulance Station is up and running. Fully operational and running well. Henry Lawson Oval has a new Grand Stand and canteen facilities. We received a grant for that and it is being bricked but won’t be finished for the start of the season. Our sewerage treatment works will start this year.

Bill West Cowra Shire Council: Our festival is on the first few days of April, usually late March. Council is still working closely with LVR. Cowra Shire Council received $1,000,000 drought money and they will be putting in an application for $140,000 to help them do a little bit of work to open up that line area. Those applications are still being assessed by council and I would hope by another week to 10 days they will be able to be approached for more details. The main street redevelopment still taking place, the footpath is looking quite good. The low level bridge, still making enquiries about that it a very important thing for freight and transport, same as the CBD bypass but until the state government comes up with some money it won’t go anywhere and it is obviously impacting on our CBD. Blayney to Demondrille rail line. We were given the impression that we would have had a report on this but so far we have got nothing and we are about to kick the can and make a noise. We are hoping this organisation will come along and support us and get that report leaked out


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into the public and the other one resignating now is that our region is transport and freight restrained and getting across the Blue Mountains is really difficult and the western rail line is being limited severely and road transport is being severely impacted and the community in the Blue Mountains are not happy with the upgrade of the Great Western Highway. Some real issues about freight that this group needs to start to turn our mind to and I will make the comment at a presentation at Canberra Airport, they pointed out that Dubbo is as close to Canberra as it is to Sydney. If the rail line at Demondrille was opened they would be running freight back down into Port Kembla and Sydney without a drama. At the moment it is very much restricted and putting pressure on the Blue Mountains. It is a golden opportunity to take the events of mother nature. Hopefully we can find some support when talking to our politicians

Michael Paage from Upper Blue Mountains: Been hit by bush fires and the Mount Victoria to Lithgow rail line is very badly damaged. They are still trying to get it up and running. Up until 2 weeks ago all trains could use that line except for electric passenger trains. Buses are replacing trains between Lithgow and Katoomba. There is a very significant washaway between Leura and Katoomba. There are no trains going across that western line as it is too dangerous. Buses are replacing trains between Lawson and Lithgow. XPT is no longer running. The two Bathurst bullets are no longer running and everyone is back to bus. No freight is running because the washaway has impacted 2 lines. The safety upgrade of the highway through Blackheath has significantly been delayed because of bushfires and bad weather. They are in the final stage of asphalting at the moment. No work has been done on Medlow Bath. It was expected to be finished by the end of March but will have to be extended. Some parts have been finished and have had a positive impact on traffic flow through the village and also for people getting in and out of the village onto the highway. Our biggest issue is back in November 2019 the government announced a commitment of 2.5 billion dollars to duplicate the highway between Katoomba and Lithgow. There is only $268,000,000 allocated in the budget. $2.5 billion is all in their brochures but they do not have that money. The project involves reinstating the old plan for the Mount Victoria bypass, looking at some way to get around Blackheath and duplicating the highway between Katoomba Medlow Bath and Blackheath. The speed limit through the upper blue Mountains will only be 80, then 100km an hour through a new 4 lane road. We do understand the significant freight and transport restraints for the Central West. This project realistically will cost upwards of 10 billion dollars and will take 10 years to complete and will save 10 minutes. There is also a push for 3 traffic lights to be installed which will eliminate that 10 minute saving. By 2033 it is forecast that freight growth will be 80% and by then there will need to be a 3rd route through the Blue Mountains and it would be better to go with this option now rather than destroy us in the Blue Mountains. A highway through the Blue Mountains will never be a suitable freight transport route. We need to work together to find a long term solution for this problem. We believe freight on rail is an important part of this puzzle. If this project goes ahead it will put an end to any future investment in rail freight in the Central West. As you know all bushfires that attack the Blue Mountains come from the north of the Bell and they always cross at the Grosse and rip up the valley into the towns. There is a view, even from the Greens, that it is time to rethink the view of the Bell Road. Our economy has been decimated our businesses’ turnover is down. In Blackheath alone business turnover is down 60 to 80%. A more effective Bells Road would act as a more secure firebreak to protect the National Park and protect the Blue Mountains. The time is right now to have a more long term strategic practical review of what we do with the transport needs of the central west and how we can all work together to put this to bed once and for all.Bill West made a number of commence on the importance of the Road and Rail crossings of the Blue Mountains to the Central West.


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Phillip Laird: We call on the NSW Government for a strategic review of Road and Rail Freight needs of the Central West and Blue Mountains

Judith Hannan: It is time for the Blue Mountains to get together with the Councils and sit down and work out a strategic plan which they can all agree on and bring it back to the next meeting and then we as a group support whatever they come up with.

Phillip Laird: Given the recent bushfires and floods cutting the Blue Mountains Railway in 2 places. The LRTC calls for the New South Wales Government for an update on the reopening of the Demondrille to Blayney Railway and connections at Demondrille main south line and Blayney to the main western line. Moved Philip Laird Seconded: Eddy Wilkinson Carried

Maurice Simpson: I will be going to a Central Council meeting of the National Party in Sydney on 21st March and I am prepared to speak on it.

John Horton Hilltops Council: We are 100% for the Blayney to Demondrille line. Thank you for the letter to the government to clean the Harden Railway Station. There have been no complaints over the last 6 weeks. The Cunningar Wheat Terminal is working well. The new hospital is 50% completed. The new Rural Fire Service Headquarters in Harden is 60% completed. A new Country Club for $8,000,000 should commence this year. A new General Manager commences duty in March. The amenities block at the Racecourse has commenced. A new amenities stand at the Rugby Park has started and a swimming pool upgrade in Young. A new Library complex with a hall, an art and photography gallery and café which will be worked in conjunction with the NSW Department of Education and Hilltops Council and will be open year round. It will be affiliated with a university. The library will be located on the Young High School grounds. A letter of thanks for cleaning the railway station at Harden be sent to Steph Cooke Moved: John Horton Seconded: Stephen O’Byrne Carried

John Faulks LRTC: The Government is saying people need to buy from the bush but the Government have done nothing to help achieve this. Where are our legal rights. Talking to Governments who don’t know where we are. Perhaps a rail forum at Goulburn which is Central to the Federal Government and Central to the State Government. With bushfires, drought and now flooding and the Governments don’t care. Sydney is the only place where things get done.

Philip Laird Stated that an informal meeting was held at Goulburn last year and perhaps if another one is held our group could be involved as well. More thought to go into this and a proposal brought back to the next meeting. Ian Gray has been included in some of these meetings and that LRTC may be invited to a meeting in the future. Judith Hannan: Can we come back to Ian. He is talking about a group who are doing things and we should write and say that we are really interested in partnering with them or hearing from them or supporting them Ian Gray: I could ask the chairman of that group to send everything to Dennis Maurice Simpson: To Bill, is Centrock still working on the lines on the Bells Line of roads? Bill West: Yes the number one priority is the fast link through the Blue Mountains and pushing to get that Eastern End corridor preserved but at the moment the councils have shied away a little bit.


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Letter on table to Premier to be referred to the appropriate minister

MOVED: Ian Gray That the LRTC Write to the Minister for transport seeking conformation that the corridor for the Maldon Dombarton rail link be preserved on a potential location for a new station at Wilton SECONDED: Bill West CARRIED.

MAURICE SIMPSON: That we accept Blue Mountains Group into the LRTC with a $300 membership fee MOVED: Maurice Simpson SECONDED: Ray Morris CARRIED.

BUSINESS ARISING IAN GRAY: The website is using outdated technology and is not raising much interest. The people who we pay on a monthly basis to help us update it are retiring and won’t be able to do it after the end of this year. In the past we have been paying a monthly fee for assistance with that process. After discussion with Pascale and others I decided to rewrite the programe myself but after thought I decided it would take me too long and a web designer could do it much quicker. The other reason is a bit of succession planning and I don’t think it is a good idea to have it all wrapped up by one member. With a designer it would be much easier to hand it onto somebody else. I propose we hire somebody to do the redesign and find a host which would be an ongoing cost of around $120 per year. We need an information strategy to keep the corporate mind of this body and documents held. We will separate the issues of data retention and web design. We will ask Pascale to further define what she is doing now regarding data retention. MOVED: Judith Hannan: Ian be invited to get 3 quotes for a website design and send them to the Executive who will make a decision. SECONDED John Horton CARRIED. A subcommittee of Dom Figliomeni, Ian Gray, Pascale Stendell, Vicki Etheridge and Dennis Hughes. To report to the next meeting

Garry Brathwate: MOVED: That the hosting town and local press be forwarded news items and meeting dates to create more interest for the public to attend meeting. SECONDED: Maurice Simpson CARRIED.

Eddie Wilkinson We need a Publicity Officer Open up our facebook page. We need to be current. All members to forward to Eddie e-mail addresses of local media. Moved: Maurice Simpson Nominated Eddie for Publicity Officer. Seconded: Judith Hannan CARRIED. Eddie requested to open the Face Book page.

Judith Hannan Report on Airport. Massive amounts of dirt being moved around on the new airport site. People are talking about industry and freight they are starting to talk about not freighting stuff in but shifting businesses and even agri-businesses into the area. For Wollondilly it has been a difficult time with the fires with losses of houses and there has been some discussion with Wingecarribee about how as councils we allow people to build in certain areas and that needs to be looked at. With the floods, in the Richmond Hawkesbury area they keep saying they need to raise the wall at Warragamba to protect them from floods, I personally realise it is for them to develop down there. The water didn’t get anywhere near the dam wall but it still flooded down there. It is simply so they can change the zone and build there. We have lost sections of road and there are huge sections of road that need to be rebuilt. While evacuating people we realised we do need a better transport system. One of the things put on the table was the electrification of the train further south


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and the Maldon Dombarton. We continue to work with Swirl which is the Woollongong group. I suggest you invite SWIRL to come and present as they have a lot of information on the Malden Non Barton line. We need to keep an eye on the new airport as it will affect all of you. With the complaints about the roadways and rail corridoors as yet no action has happened. We are interested in watching the Government talking about straightening lines and if they will take Picton out of the loop. There is a lot of talk and money promised but nothing is changing. We would still like to see a station at Wilton.

Moved: Eddy Wilkinson That the LRTC writes to the NSW Premier seeking confirmation that the land for the Maldon Dombarton rail corridor remains protected and for advice as to potential location of a new station at Wilton. Seconded: Maurice Simpson CARRIED. Moved Judith Hannan that we write to SWIRL and invite them to present a presentation at the next meeting Seconded: Eddie Wilkinson CARRIED.

Dennis Hughes: After the last meeting I wrote to the Shadow Minister for Transport Jody McKay and Greg Warren Shadow Minister for Local Government and I haven’t heard a thing.

Moved: Maurice Simpson That a letter be sent to the NSW Minister for Transport expressing our support for a budget allocation for the great separation at the foot of Mount Ousley in the 20/21 budget Seconded: John Faulks CARRIED.

Steven O’Byrne: Requested that the last 4 meeting places be listed somewhere for future reference. It was suggested to do it on the web page.

Next meeting at Canowindra CWA Hall to be confirmed

9th May, 2020

Meeting Closed

11.55am

CHAIRPERSON: ……………………………………………………………………….

Previous Meeting Venues

Picton 15/2/20, Cowra 9/11/19, Greenethorpe 7/9/19, Dubbo 11/5/19,

Blayney 9/2/19, Temora 3/11/18, Murrumburrah 11/8/18. Grenfell 19/5/18

Picton 17/2/18 AIW Wollongong 4/11/17 Parkes 5/8/17 Canowindra 6/5/17

Temora 25/2/17 Lithgow 5/11/16 Boorowa 13/8/16 Wollongong 14/5/16

Cowra 6/2/16 Thirlmere 7/11/15


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Red Hill Reserve Committee MEETING MINUTES20 March 2020 commencing at 4.00PM

Held in the Local Land Services office, Boorowa

ATTENDANCEPat Downey, Melissa Henry, Pat Thompson.

STAFF:

APOLOGIESGlen Harper, Heather McLeod, Albert Wilson.

It is noted that this meeting was cancelled by Hilltops Council, due to concerns over Covid19. Given that there are no confirmed cases of Covid19 in the Hilltops area and we are a small group of people, we decided to proceed with the meeting to progress agenda items.

CONFIRMATION OF MINUTES

Previous Minutes confirmed. Moved: Melissa Henry / Pat Downey

GENERAL BUSINESS

Bendigo Bank grant BudgetA budget spreadsheet was distributed to those in attendance, along with a quotation from Ben Howell (Hilltops Council) for the installation of the interpretive signage including steel posts, a seat and a roof. Those in attendance agreed to proceed with the installation quote and selected the Silverdale seat due to the arm rests to assist people to stand up. The roof quote from MA Steel is outside of our current budget. $7,637 (inc GST).

It was noted that we haven’t paid for the concrete slab that was installed by Danny Cassills (Hilltops Council), which was quoted 11/4/2019 and installed end of May 2019. Melissa has left voice messages on Danny’s office phone and mobile with no response. Action: Melissa to send Danny an email requesting an invoice for the concrete slab minus the cost of the quoted steel posts, as Ben Howell has quoted for this.

If the expenses are greater than the allocated grant budget (possibly by under $900), Local Land Services will cover this cost.

Future funding was discussed – how can the Red Hill Reserve committee apply for external funding as a Section 355 Committee, can we open our own bank account?? Using the bank accounts of Boorowa Community Landcare, Local Land Services and possibly Council isn’t really a future option. How do other 355 Committee manage their funding?

Future infrastructure that the Committee would like is a roof over the Interpretive Signage area for shade and protection, as well as a pathway. Pathway needs to consider all access, such as gradient and materials eg concrete or loam.

Action: Melissa and Steve Bunnell (BGLG Treasurer) to complete project completion template for Bendigo Bank once all invoices have been paid.

Gate SignsVersion: 1, Version Date: 31/03/2020Document Set ID: 817446Version: 1, Version Date: 31/03/2020Document Set ID: 817446

Attachment 2 - Redhill Reserve Committee Minutes - 20 March 2020 (no quorum present)

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Red Hill Reserve Committee MEETING MINUTES20 March 2020 commencing at 4.00PM

Held in the Local Land Services office, Boorowa

ScribbleGum has provided an initial draft of the 2 signs. The meeting has provided feedback to go back to the designer with. The Ford Street sign to be reorinated to a portrait view, the designated pathway to be re-drawn (Melissa and Pat Thompson to ground truth this), no text above the maps as we would like to make the maps as large as possible and there is good wording on the existing gate signs. Actions: Melissa to email the second draft to the committee for comment. Melissa to talk with Ben Howell about installing these signs.

Display of the 8 Interpretive SignsThe committee decided that the signs should be 1.5m from the edge of the concrete slab, in a L shape as previously decided. The order of the signs is as follows (6&7 are facing East):

8 5 I1 4 I________

7 62 3

1 – History2 – BGGW3 – Conservation significance 4 – Vegetation in a BGGW5 – Plant species list6 – Fauna in a BGGW7 – Superb Parrots8 – Further information

Action: Melissa to give Ben Howell this design brief and to find out when the signs will be installed so we can take some photos for the Red Hill Reserve Annual Report and media.

Any Other BusinessThe Committee thank Glen Harper for all of his work and dedication to the Red Hill Reserve Committee and to the community more broadly. We are very sorry to see Glen moving on from Hilltops Council.

Next meeting: Would normally be scheduled for June. The Committee will keep in contact via email with one another and council.

Meeting closed: 5.00pm


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Hilltops Wellness Action Group

Meeting Minutes June 9, 2020

Attendance: Peter Beath (left meeting at 1.55), Chris McGregor, Kelly Rolfe, Faith Rogers, Belinda Downey, Gwen Gunning, Joanne Garlick, Jeanette Lautier,

Naomi Peters (left meeting at 1.20) (Treasurer), Jaime Lobb, Seryn Adams, Amber Kaveney,, Lilly Mclean, Sarah Dunn, Kerrie Palmer.

Observers: HR Project Officer ‐ Hannah Bolger, Community Support Officer Martin Langfield, Manager Corporate Strategy & Engagement Leanne Leihn.

Apologies: Rita O’Connor (Chair), Susan Elliott, Wendy Middleton, Brendon Scifleet, Nicole Shipton, Donna Davis, Katrina Green Heather Ritchie (Deputy

Chair), Kylie Falcini, Donna McGuire, Josh Vaughan, Cherrie Dowling, Karen Hindley, Karen Clark, Kerryn Bishop, Phil Armitage, Zoe Evans, Olivia Teale .

Meeting Open: 1.05pm Chaired: Martin Langfield ‐ Welcomed new members quick introduction of who and where we are all from.

ITEM # ITEM COMMENTS ACTION & RESPONSIBILITY

1 November Minutes

Check actions, confirmed content Motion ‐ to accept November meeting minutes Moved – Peter Beath Seconded ‐ Naomi Peters

2

Resignations: Heather O’Hara, Mel Banwell and Bec Roberson. Thanked for the service. Room for 1 new member to join HWAG committee.

Motion ‐ Nil Seconded ‐ Nil Action – Martin to send committee nomination forms to members with minutes

3

355 Committee status

Update by Martin in Leanne. Continue as we are, S355 committee until reviews are undertaken. Leanne informed likely hood and preference for the committee to become an Advisory Committee in the future.

Motion ‐ Nil Seconded ‐ Nil Action – Nil

4

Secretary Requested nominations from attendees to takeover secretary

role until next AGM. No interest from the floor. Martin will

continue until AGM.


5

LDAT Update Submission was sent through to Gayle in December but not passed on to the Alcohol and Drug Foundation (ADF) until May. Unsure what the delay was. Funding requested is for a mentoring info session x 1 and 2 x training sessions for those in the community wishing to sign on as mentors (already have a list of approx. 20 interested parties based on research undertaken last year). 1st session once Covid restrictions are


Attachment 3 - Hilltops Wellness Action Group Minutes – 9 June 2020

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lifted, will be focused around highlighting current youth issues, the benefits of mentoring, some real‐life mentoring experiences and success stories. Interested mentors looking to progress to the training will be identified at the end of session 1, vetted, then invited to participate in training sessions. I have started to design both the intro session and the mentor training sessions and made contact with possible facilitators/costings etc. but don’t want to progress until we are successful in obtaining the funds.

6

Service Publicity and promotion

Demand for service? How is your service doing? What has changed? What will change going forward?

Chris McGregor‐ Wellways: Significant drop during COVID‐19. Now a significant rise (past 4‐6 wks) – financial Stress the biggest driver. Still running QPR face‐to‐face online sessions via video. Funding to employ a 2nd post trauma management of suicide. Additional National Indigenous Suicide Scheme employment assistance as well. As discussed, if you have any questions please do not hesitate to contact me. [email protected] 0407433185.

Faith Rogers ‐ RAMHP (Rural Adversity Mental Health Program): Not offering online mental health first aid – payment seemed to be prohibitive. Overwhelmed with issues over the past few months. Centre or Rural and Remote Mental Health will coordinate the MH First Aid courses.

Seryn Adams_MPHN: For anyone interested in completing QPR Online Suicide Prevention Training or rolling out to your organisations please feel free to contact me [email protected] https://mphn.org.au/qpr Mindframe contains information about Suicide, mental ill‐health, alcohol and other drugs, and avenues to access support on Self‐care, help‐seeking and training opportunities.

https://mindframe.org.au/

Peter Beath – TAFE Riverina: Very busy online but Face 2 Face (F2F) is very quiet. Trying to address the restrictions. Any TAFE


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related questions please don't hesitate to reach out: [email protected] or 0447 486 196.

Gwen Gunning & Kerrie Palmer – Crisis Housing: still been providing office F2F office support, 50% increase from clients who are struggling financially and putting tenancy at risk (homelessness) . Isolation can lead to an increase in domestic and family violence (50% increase). Most activities are still on hold until restrictions are relaxed. Doing temporary accommodation in motels, etc.

Lilly McLen – WWRP (Calvery Riverina Women’s Wellness and Recovery Program): Still operating – now gone back to F2F contact. Young, Harden and Boorowa – starting to see more referrals coming in. Need to start getting our name out there.

Amber Kaveney – Marymead: Referrals for Families Community and Justice. Families with school age children have been highly prevalent during COVID as school is a safe place and children have been spending more time at home.

Jamie Lobb – Argyle Housing: Reduced hours and working from home. In the process of recommencing normal services (property inspections – where we uncover issues. Looking to get back in to rebuild relationships and delivering assistance. Reduced vacancy levels and tenancy changeover.

Jeanette Lautier – MPHN: New program “Here for You”. Telehealth has taken off – where it was programmed to commence in a few years– one of the benefits of the shutdown. Dr’s telehealth calls have also been fast‐tracked, this has become a fringe benefit of COVID.

Sarah Dunn ‐ Reconnect Central West: Staff back in Office full time from next week. Cherrie Dowling is the Reconnect Central West Worker based in Young however she works in an outreach capacity. Her details are: [email protected] and phone 0427 991

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013. Issues around contact as some more rural and remote clients do lack technology capabilities.

Kelly Rolfe – Community Transport: Stayed open, started with only essential medical travel – protocols put in place to cover PPE and Hygiene. April/May delivered over 400 grocery orders to customers. Spent time phoning elderly clients to check in. Ongoing restrictions will be challenging for transporting customers. Starting to reopen for social activities – mainly down the street not for gatherings yet. Still desperately needing volunteers (under 70’s). Sidenote: Meals on Wheels has approx 140 volunteers (95% over 70 yrs old)

Jo Garlick – MLHD: Scenario testing with staff ‐ Identifying customers and redirecting how they can be managed. To prevent cross‐contamination. Starting to resume to business as usual. Forced telehealth to take up the space of restrictions. NDIA/NDIS Visit: hold over – local organisations are still struggling. Effort onto COVID preparedness if patients were to present within Hilltops cluster hospitals with virus.

Martin Langfield – Hilltops Council: Met with Wendy Middleton from Argyle Housing last week and she is working on having a contact from Juvenile Justice attend a meeting. Time to be confirmed.

7

Life Span Update

Seryn’s presentation of end of Lifespans research program

component and continuation of activities.


8

Review NDIA/NDIS visit

What are the gaps now? Action – Postponed to next meeting as we require Heather R, Naomi, and Donna D to be in attendance as they attended this meeting along with Faith R, Chris M.

9

General Business

Continue zoom? Motion ‐ Seconded ‐ Action – Next meeting will be on zoom again with preference to continue zoom meetings into the future. If Council Chambers are permitted to

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be used in July, Zoom meeting from there for those that want to attend in person.

NEXT MEETINGS:

1pm Tuesday July 14, 2020 at Hilltops Council Chamber, 189 Boorowa St, Young.

1pm Tuesday August 11, 2020 at Hilltops Council Chamber, 189 Boorowa St, Young.

1pm Tuesday September 8, 2020 at Hilltops Council Chamber, 189 Boorowa St, Young.

1pm Tuesday October 13, 2020 at Hilltops Council Chamber, 189 Boorowa St, Young.

1pm Tuesday November 10, 2020 at Hilltops Council Chamber, 189 Boorowa St, Young.

1pm Tuesday December 8, 2020 at Hilltops Council Chamber, 189 Boorowa St, Young.

ACTION LIST:

Meeting Date

Item #

Item ‐ Action Whom to Action Status

11/07/19 19/16 That CDAT funds that were earmarked for Brothers and Sisters now be allocated to the Raise program. Martin to get an update and advise group.

Martin To Be completed

13/11/18 18/08 Hilltops Council managers and staff to undertake QPR training – LL to organise

Council In progress

12/11/19 Revisit Secretary position once established if required based on 355 status

All members

12/11/19 Members of HWAG to attend LDAT Consultation Planning on Wed 27th Nov at 12noon if possible. Please RSVP to Naomi at the Hub at [email protected]

All members Completed

12/11/19 Jeanette to seek Life Span update from Maja – in particular around where to post funding.

Jeanette Completed

12/11/19 Heather to invite Wendy Middleton (Argyle Housing) to next meeting to discuss meeting with Council, next steps and input required from both community and council.

Heather/Martin To Be completed

12/11/19 Martin to keep NDIA/NDIS discussion on agenda for December meeting.

Martin

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12/11/19 Hilltops Council Community Plan Review and priority setting to take place first meeting back 2020.

All members To be put on July agenda

12/11/19 Council Reviewer to be invited to next meeting to discuss differences and options of being 355 Committee or Advisory Committee

Heather/Martin Update provided no need for anyone to be invited.

Meeting Closed 2.19pm

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MINUTESof the GENERAL MEETING of the YOUNG SPORTS ADVISORY COMMITTEE held at

HILLTOPS COUNCIL, COMMUNITY ROOM, Boorowa Street, YOUNG on Monday 9th March 2020 at 6.00pm.

OPENING: Meeting opened by chair James Sheehan at 6.00pm

PRESENT: James Sheehan (Chair/Burrangong), Robert Everdell (YSAC), Ken Langton (Croquet), Cheryl Matthews (Pony Club / RDA), Michelle Madden (Swimming), Gary Lucas (League), Ray Death & Nigel Hall(Cricket), Dave Webster (Treasurer / Hockey), Steve Brill (Secretary), Trish Patterson (Awards Secretary), Cec Finlay (Union), Paul Cameron (Soccer), Brian Ingram and Jack Garside (Hilltops Council),

APOLOGIES: Peter Brown (Tennis), Ian Schofield (Bowls), Rhonda Ferguson (Netball) and Mark Crisp (Hilltops Council).

VISITOR: Mathew Hall (YDAC-Harts)

PREVIOUS MINUTES:The General Meeting held Monday 10th February 2020 at Hilltops Council.Moved: Ray Death Seconded: Gary Lucas Carried“These minutes to be taken as a true and correct copy of the meeting.”

BUSINESS ARISING: Nil

TREASURER’S REPORT: The YSAC has an opening balance of $6,898.83, receipts of $200.00 and expenses of $1,650.00 leaving a closing balance of $5,448.83.Moved: Dave Webster Seconded: Trish Patterson Carried“That the Treasurer’s report be accepted as tabled”

CORRESPONDENCE Moved: Steve Brill Seconded: Robert Everdell Carried“That the outward correspondence be confirmed, and the inward correspondence be dealt with as directed.”

Application for Sponsorship to Hilltops Council for 2019-20 year Australia Post – PO Box Renewal SWSCU – statement Letters were sent out for sponsorship

COMMITTEE REPORTS: Walk of Fame Committee

o Plaque for Brett Mullins – yet to be completedo Deteriorating Walk of Fame Signs

Aaron McDonald has the proofs Robert Everdell – to follow through the cover of the signs and will advise the

meeting.

Facilities Hire Committeeo Facilities booking System

Shadow bookings – yet to be completed Policy Document – yet to be completed

o Hall Bros. – weekly mid-day booking, unresolved from last meeting The Secretary to forward to council the concerns of the YSAC. The points of

concern are The potential for over-use Access and parking Precedents for other sporting fields


Attachment 4 - Young Sports Advisory Committee Minutes – 9 March 2020

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The confusion that could emerge when carnivals are booked by schoolsduring the week.

Multi-Purpose Facility Committeeo Hilltops Council (Young) Facilities Development – circulated to members with papers for the

meeting.

Sports Awards Committeeo Annual Sports Awards Dinner

Tickets available at the Services Club, $30 adults, $15 children 14yrs and under,tables of 10.

MC is once again to be David Hamblin Dinner will be at the Golf Club, can now seat 200. Resumes have been slow to come in, particularly from intermediates Tickets sent to the sponsors Winners selected for 2019 winners

o Nominations of Sports Awards January

Junior Thomas Grainger Swimming Intermediate Brock & Clay Sing Rugby League

February Teams Young Ladies Bowls, Grade three

GENERAL BUSINESS: The council were asked when the expiration date of PCYC lease is and can any action be taken

to improve the accessibility for the Young Community (Secretary Note – post meeting we wereadvised the PCYC lease expires in 2027)

Ground markings and goal posts for Henry Miller Oval to be done week starting 9th March 2020. The meeting was advised that the YSAC will need a new secretary at the next AGM. The position of Vice Chair is still open, following the 2019 AGM. Robert Everdell will take on this

role on nomination from Dave Webster and seconded by Brian Ingram. Councils work list (Bill Maloney)

o Lights at Club House end of pool need to be looked at as they are not working.o Lights at Keith Culleno Lights at Hall Bros.

Matt Hall YDAC – HARTSo They are looking to promote Sports organisation through Young cinema on an ongoing

basis, say $20-30/month. Normally for businesses $75/month Cricket – looking for a ‘club’ for display of perpetual trophies and the like – maybe with Union. Sprinklers at Sawpit – the coverage needs to be looked at. Cranfield – no bins at the cricket nets. Power at the nets for bowling machines. Drinking stations around the grounds particularly those with new amenities. New facilities require seating to be installed.

CLUB REPORTS:Harness

They are holding the Carnival Cup this weekend. There will be a League challenge at the races on Friday 13th March.

Pony Club Pony Club has started with good numbers and they have been attending rallies.

RDA RDA will be assisting on the gate for the Harness Carnival, to raise funds.

Swimming The club held the last carnival for SWSZ for 2019-20 season with 150 swimmers in attendance. There was positive feedback of the new development.

League Juniors start on Wednesday with the Jordan McLean Cup at Cullen. Masters had their annual trip to Gold Coast. Seniors have signed some quality players for a good 2020 year with an 18th April start.


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Cricket In the seniors the Blues won first division and Burrangong were runners up in division 2. The Juniors will finish this weekend with a BBQ on Sunday afternoon at Miller Henry.

Soccer FFA cup starts this week and they have drawn Bankstown this Saturday in Young. 2nd May is the start date for the Junior competitions. Cootamundra and Harden may come to the Young competition

Union The Seniors start on the 18th April and have good numbers for both teams.

Croquet The Business House competition finished last Sunday. Competition croquet is on this weekend. Thank you to the Council for the loan of roller.

Hockey Hockey will start on the 2nd May with a Tuesday and a Sunday competition.

Burrangong Training is going well, and their League starts on the 28th March 2020.

NEXT MEETING: This will be a change to the regular date due to Easter and will be held at Hilltops Council –

Community Room, at 6.00pm, 6th April 2020.

MEETING CLOSE. - 6.53pm


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MINUTESof the GENERAL MEETING of the YOUNG SPORTS ADVISORY COMMITTEE held at

HILLTOPS COUNCIL, TOWN HALL, Boorowa Street, YOUNG on Monday 13th July 2020 at 6.00pm.

OPENING: Meeting opened by chair James Sheehan at 6.00pm.

PRESENT: Mark Crisp & Brian Ingram (Hilltops Council), Gary Lucas (League), James Sheehan (Chair/Burrangong League), Ray Death (Cricket), Ian Schofield (Bowls), Dave Webster (Treasurer/Hockey), Steve Brill (Secretary), Paul Cameron (Soccer), Trish Patterson (Sports Awards) and Peter Brown (Tennis).

APOLOGIES: Michelle Madden (Swimming), Cheryl Matthews (Pony Club / RDA) & Cec Finlay (Union).

PREVIOUS MINUTES:The General Meeting held Monday 9th March 2020 at Hilltops Council.Moved: Trish Patterson Seconded: Dave Webster Carried“These minutes to be taken as a true and correct copy of the meeting.”

BUSINESS ARISING: The requirement for Miller Henry Oval line marking is to be re-activatedHall Bros. there is now another light to be repaired The display of Perpetual Trophies for cricket is likely to go to CranfieldLight repairs – Council cannot report on whether they have been repaired or not.

TREASURER’S REPORT: There is an opening balance of $5,448.83, receipts of $605.50 and expenses of $2,149.80 leaving a closing balance of $3,904.53.Moved: Dave Webster Seconded: Paul Cameron Carried“That the Treasurer’s report be accepted as tabled”

CORRESPONDENCE Moved: Steve Brill Seconded: Paul Cameron Carried“That the outward correspondence be confirmed, and the inward correspondence be dealt with as directed.”

Various correspondence regarding YSAC Sports Award Dinner Submission - Hilltops 2040 LSPS Various correspondence to YSAC regarding COVID matters

COMMITTEE REPORTS: Walk of Fame Committee

o Plaque for Brett Mullins – yet to be completed, as we are still awaiting comment fromBrett Mullins

o Deteriorating Walk of Fame Signs – in the absence of Robert Everdell this item will becarried forward to the next meeting.

Facilities Hire Committeeo Facilities booking System

Shadow bookings & Policy document – yet to be completedo Hall Bros. – weekly mid-day booking, unresolved from last meeting.

James Sheehan drafted a letter and we are unsure if this was presented toCouncil. On inspection, following the meeting, this letter was not sent to council.

Council staff have been monitoring the ground use by Medinah school and todate there has been no damage to the surface as they have not been using theground during wet weather.

Multi-Purpose Facility Committeeo Hilltops Council (Young) Facilities Development and Projects worksheet – as circulated by

Mark Crisp via YSAC. A summary of which is: Alfred oval project


Attachment 5 - Young Sports Advisory Committee Minutes – 13 July 2020

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Lift being installed this week, hopefully occupation next week. Young Aquatic Centre Splash pad area is under construction with the aim of completion by October 2020.

Tennis complex Final light installation will be done this month. The clubhouse - consensus has been reached on the internal design with some

alterations to the back end of the clubhouse. This will now go out for costing. They have been looking into an electronic booking system called “Book a court”

which may be in use soon. Stage 3, bottom courts, retain two clay courts and add four hot shot courts however

there are drainage issues need to be looked at. PCYC – Netball control room roof. The repair of this is in the Council Draft budget. Cullen Oval – Wicket and hardstands did not make it into Council’s Draft budget.

Sports Awards Committeeo Annual Sports Awards Dinner

The Services Club is not taking function bookings at this stage due to uncertaintyover COVID-19.

The guest speaker, Joel Thompson, is not available during the NRL season andthen he is unavailable following the season due to prior commitments. Therefore,the deposit we have paid for the Guest Speaker will remain with the agency as acredit, until required in the future.

o “It was moved that we forgo the Annual Awards Dinner for the 2019-year awards andany funds paid for tickets to the dinner be refunded to patrons”.Moved: James Sheehan Seconded: Trish Patterson Carried

o No nominations of Sports Awards for Junior, Intermediate, Senior, Team were tabled,due to a lack of sport since March 2020.

GENERAL BUSINESS: The members of the YSAC were advised of a possible date change for the AGM, given the

Town Hall is unavailable on Monday 10th August. The suggestion is to go to Tuesday 11th

August or a different venue due to restrictions around distancing. Brian Ingram will check what isallowed and available within council and advise.

Members agreed that Monday 10th August is preferred, subject to room availability, but if notTuesday 11th August in Town Hall will work.

Sports Field User Fees in the proposed budget – Council asked that sporting bodies look at howfees are charged in the budget and if the sporting bodies believe they are equitable. The DraftOperational Delivery Plan on the Hilltops Council website will explain the fees and charges.

Question to Council – given restrictions were imposed under Covid lock downs is there now arequirement for sporting bodies to seek permission to play sport, open canteens etc?

The use of the canteen at Cranfield – Burrangong and Yabbies are to sort out betweenthemselves.

CLUB REPORTS:Bowls

Have resumed following lock down.Harness Racing

Harness Racing is also back up and going in Young for owners and trainers only.Tennis

They are back playing, albeit cautiously and abiding by Tennis Australia Covid protocols. There was a coaching clinic held last week with 30 kids involved.

Burrangong League They have started training at Miller Henry oval where the ground has a few issues that need to be

sorted.o Golf is being practised on the oval and golf tees are being left behind.o The oval is used for dog walking and the owners are not cleaning up after their pet.

The club were advised, by council staff, they were not a priority when trying to source a key forMiller Henry oval.


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They will be playing in the George Took Shield competition which has four teams participating.League

Competition starts this weekend, without Temora in the juniors. There is still some uncertainty as to how competitions will run throughout the year. The Seniors competition should be the strongest for some years due to lack of other competitions

around the region.Soccer

Seniors started yesterday and given the restrictions around Albury this game was deferred. The Junior competition will start Saturday week, subject to Covid restrictions.

Cricket The competition is in recess during winter. The club received great acknowledgement at the Cricket Australia Awards, being awarded the Best

Association.Hockey

They are resuming this weekend (Saturday).

NEXT MEETING: August 2020 – AGM and General meeting, subject to discussions during General Business.

MEETING CLOSE. 6.44pm


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Minutes

Biosecurity (Weeds) SECTION 355 COMMITTEE

Zoom Meeting available

1.00pm, Tuesday 28 July 2020

Face to Face Meeting


1. Attendance: Councillor Wallace, Councillor Flannery, Tammy Galvin, Megan Wyllie, Tim

McGrath, Paul O’Connor, Chris Holland, Paul Parker, Mark Crisp, John Hughes, Benjamin Mott,

Thomas Pickering, Larissa Hackett

2. Apologies

Nil

Confirmation of a Quorum

There are [9] Members appointed to this Committee. Quorum numbers are met ‐ Yes

2. DISCLOSURE OF INTERESTS

No disclosed conflicts of interest

3. TERMS OF REFERENCE:

To focus on a whole community approach to weed management with an emphasis on:

Promote weed management and behavioural changes in the community;

Build stronger partnerships that support weed management;

Share responsibility for holistic land management including weed prevention and eradication;

Improve prevention, preparedness and response to weed incursions;

Provide input into weed strategy and policy; and

Support the delivery components of the NSW Weeds Action Program and the respectiveRegional Weeds Action Plans.

The terms of reference are required to be reviewed and endorsed by Council.

4. CORRESPONDENCE IN: NIL

5. CORRESPONDENCE OUT: NIL

Attachment 6 - Biosecurity (Weeds) Minutes - 28 July 2020

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6. GENERAL BUSINESS

6.1 Confirmation of Reviewed Priority Weeds as per previous request

Action: Ten priority weeds have been proposed and agreed upon:

Chilean Needlegrass

African Lovegrass

Silverleaf Nightshade,

St Johns Wort,

Serrated Tussock,

Spiny Burgrass,

Coolatai Grass,

Blackberry,

Sweet Briar, and

African Boxthorn.

6.2 Review of Council’s weed spraying program and private works undertaken – Strategic plan

required to prioritise spraying and incorporate private works where possible

Action: Draft Local Weeds Action Plan to be completed and referred back to committee for

comment.

Options for review of private contract work to be investigated.

6.3 Ways to communicate potential problem weeds to stakeholders.

Action: Council has invested in the installation of Priority Weed identification signage. The signs are

interchangeable according to seasonal priorities. Flyers are to be generated to be included with

Council’s rates notices. These will focus on the priority seasonal incursions each quarter.

Calendars have been created by Council’s Biosecurity Officers which identify priority seasonal

weeds, control methods and identification tools – including recommendation of NSW Weedwise App

6.4 Creation of Weeds Management Plan – committee input

Action: Draft Local Weeds Action Plan to be completed and referred to the committee for review

6.5 Input into Council’s Biosecurity Budget for inspections and spraying to assist in

determining appropriate resourcing

Action: $200,000 Drought relief funding proposal discussed. Council to investigate appropriate

measures to utilise funding which must utilise contractors and provide beneficial outcomes to both

community and Council. – Report to be returned for further discussion within two weeks.

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7.0 SUMMARY OF RECOMMENDATIONS TO COUNCIL

1) The terms of reference below, for the S355 Biosecurity (Weeds) committee to be reviewed,discussed, and endorsed.

To focus on a whole community approach to weed management with an emphasis on:

Promote weed management and behavioural changes in the community;

Build stronger partnerships that support weed management;

Share responsibility for holistic land management including weed prevention and eradication;

Improve prevention, preparedness, and response to weed incursions;

Provide input into weed strategy and policy; and

Support the delivery components of the NSW Weeds Action Program and the respectiveRegional Weeds Action Plans.

2) The attached information report for the proposed expenditure of $200, 000 Drought ReliefGrant Funding to be reviewed and endorsed by Council. (copy attached)

8.0 DATE AND TIME OF NEXT MEETING

To be determined

9.0 TIME MEETING CLOSED 3.30 PM

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INSPECTION REPORT FOR DROUGHT RELIEF WEED SPRAYING PROGRAM

Council’s Biosecurity Officers have undertaken inspections on the disused Blaney – Demondrille rail

line from Wombat Road Harden through to Koorawatha. On the area from Harden to Starr’s bridge on

Kingsvale Road a large volume of weeds of differing species were identified. There are significant

amounts of sweet briar, large area of black berries, sections of St John’s wort, very thick in the area of

Oxton Park and Langfield’s Grower sheds. Scattered areas of serrated tussock which are not present

at this time of the year but we are aware of. The section between Kingsvale and Wombat Road Harden

has silverleaf night shade.

From Starr’s bridge through to Young to Crams Road Monteagle there are large amounts of sweet

briars, areas of blackberries and isolated areas of African Lovegrass.

Crowther to Koorawatha is the worst section for African lovegrass with a significant amount being

present the whole distance, areas of sweet briars also present and some wild olives.

It is proposed that approximately 25 days of spot spraying using contractors @ 2 men per vehicle at

approximately $140 hour per vehicle @ 8.5 hours a day = $1,190 per unit a day plus chemical be

utilised to address these incursions.

The second project would be targeting the ever‐large growing population of African lovegrass along

the Hume Highway from Cooney’s Creek Road Jugiong through to Whitefield’s Road Bookham (Full

length of our Council’s section). We have contacted RMS and they are happy to supply Council with

the necessary lane closures and traffic control measures needed to conduct this work. RMS advised

of the high cost associated with the use of traffic control and advised to monitor the use of such

controls. Given the potential for high expenditure associated with this works Council’s Biosecurity

Officers contacted an aerial spray contractor who is the only qualified contractor in New South Wales

with an aerial broadcaster for the dispersal of granular flupropante ‐ the required chemical to kill

African Lovegrass. This granular product would not only kill the African lovegrass present on the

surface but have a long acting residual effects on the surface which would kill any further plants

growing.

The aerial contractor has all the required licenses, signage, and policies in place to conduct this work.

The cost per hour quoted is $1800 per hour however they are capable within this terrain of covering

approximately 30‐40ha per hour with area of approximately 325ha of Hume highway @30ha= 11

hours = @1800 hour = $19,800. This would result in a more efficient use of RMS traffic control as a

continuous moving traffic control would be utilised with 2 contractor vehicles to work within the

moving traffic control to spray any of the areas of black berries and sweet briars present. 2 x mobile

units @ $1,540 per unit for the 11‐hour period = $3,080 for ground units + aerial sprayer $19,800 total

= $22,880. It is considered that this is a valuable opportunity to conduct this work along the Hume

Highway as the highway affords a large weed burden for Hilltops Council due to the difficulty of being

able to gain access for regular weed spraying and the significant costs associated with such works.

Council have investigated the use of ground control to conduct the complete spraying program on the

Hume Highway but due to the large infestations of African Lovegrass, and the limited amount of traffic

control that would be supplied free of charge this would be too time consuming to conduct the work

effectively and at a cost effective price.

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The third project proposes to allocate approximately $21,500 on a roadside spraying program to

reduce the movement of Feathertop Rhodes Grass. This program would provide thirteen (13) days of

spraying undertaken by contract spray teams.

The Fourth project proposes to enable Hilltops Council to complete our existing roadside Weed

Identification signs @ cost of $15,000 for 5 signs including weed inserts. The signs will be placed on

main entry corridor roads with interchangeable inserts which can be changed seasonally to draw

attention to potential priority weed incursions in geographic areas

The fifth project proposed would entail one week of spraying within two villages for the control of

African Lovegrass, African box‐thorn, sweet briars and European olive these two villages would be

Koorawatha which has large amounts of African lovegrass, boxthorns, briars and European olive and

the second would be Bribbaree for large amounts of African box‐thorns which have been missed or

not completed due to various reasons for the past few years. It is proposed to provide 3 days to the

village of Koorawatha and 2 days to Bribbaree @ a cost of $1,190 per day x 5 days = $5,950 plus

chemical.

If Council determines to utilise the aerial contractor, they could be utilized on the area of Koorawatha

to spray African lovegrass on the rail line to further reduce the cost.

The final project details targeted roadside/ reserve spraying for St John’s Wort/ Sweet Briar/African

Box thorn/African love grass. The estimated cost for such works is $52, 150.

GRANT ALLOCATION SUMMARY

Item Area/Zone Cost

1 Blaney – Demondrille Rail line, estimated at 25 days $39,750

2 Hume Highway verge area ‐ Aerial spray + chemical by specialist contractor plus TfNSW assistance in traffic control no charge.

$63,680

3 Feathertops Rhodes grass = spraying = 13 days $21,460

4 Strategic interchangeable weed Signage $15,000

5 Village spraying 5 days $7,960

6 Roadside targeting St John’s Wort/ Sweet Briar/African Box thorn/African Lovegrass

$52,150

TOTAL $200,000

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13. QUESTIONS WITH NOTICE

13.1 – 20/173 – BOOROWA DAM REPORT Responsible Officer: Manager Civil Operations

PURPOSE The purpose of this report is to provide a status report as requested by Councillor Flanery at the Hilltops Council Ordinary Meeting held 22 July 2020, on the Dam Safety Emergency Plan (DSEP) and the Operations and Maintenance (O&M) manual for Boorowa Dam.

RECOMMENDATION

That Council:

(a) Receive and note the report.

REPORT/SUMMARY/BACKGROUND A report was presented to Council at the 26 February 2020, Ordinary Meeting. Council resolved to:

2.12 - 20/35 - DAM MANAGEMENT 20/40 RESOLVED: That Council: (a) Receive the information about the management of the two dams: and (b) Endorse the actions proposed to achieve compliance with Dam Safety Act

2015.

Councillors: Horton/Stadtmiller For: Councillors: Ingram, Armstrong, Horton, O’Connor, Roles, Stadtmiller, Wallace Against: Councillors: Flanery, Walker

The Boorowa dam’s Dam Safety Emergency Plan (DSEP) draft (Written 2016 by the Public Works Advisory (PWA)) has been received by Council staff. PWA consented to Council using the draft and amending the draft to current conditions and to the current legislation. This document has been substantially completed to a distribution draft standard. The timeframe for distribution to the SES and the Local Emergency Management Committee (LEMC) for the comments from the various agencies is by end of September 2020.

The DSEP and the Operations and Maintenance (O&M) documents need to be co-ordinated as each document refers to the other. The O&M manual is being prepared by PWA. Council staff have internally reviewed the draft O&M manual. Final comments are expected to be made by late August 2020. The comments will include the results of a Work Health and Safety (WHS) audit of the dam site for the O&M manual that was carried out in July 2020.

During the preparation phase for these documents, Dam Safety (DS) NSW has been kept informed of the actions to prepare the documents. PWA requested a 3-month extension because of the workplace disruption caused by the COVID 19. Dam Safety NSW advised that whilst it is not possible for DS NSW to grant variations to the regulations, DS decide on the enforcement of the regulations. DS NSW has indicated by phone discussion, no objection to the progress on the documents.

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In response to the questions from the July meeting, the following is advised:

1. Outstanding items with DSEP? a. Complete to distribution draft standard. This is expected to be completed

by early September 2020. b. Distribute to the SES, the LEMC and PWA. c. Receive comments, amend the DSEP as necessary (November 2020) d. Submit the DSEP to Dam Safety NSW for approval.

2. Are there any concerns with the plan or is it complete?

a. There are no major technical issues with the documents. b. As part of the in-house preparation, it was agreed that PWA will review the

draft prior to finalisation. This review has an estimated cost of $3,000. c. Costs for each agency within the LEMC, to review the documents, are at

the expense of each agency. d. Once the plan is adopted by management, in-house training will be

scheduled to ensure that the Boorowa Water and Sewer team is aware of and familiar with the documents.

e. The plans will require periodical exercise will includes an annual review of the contact details.

POLICY AND LEGISLATION Dams Safety Act 2015 Dams Safety Regulation 2019

COMMUNITY STRATEGIC PLAN LINKAGE Objective 3 Plan and lead with good governance. 3.1 Undertake Council activities within a clear framework of legislative compliance,

strategic planning, policies, risk management, procedures and service standards. 3.3 Manage the assets and resources of Council ethically, prudently and efficiently on

behalf of the community. FINANCIAL IMPLICATIONS The estimated cost ($7,000) of the preparation of the documentation was advised to Council in February 2020. The DSEP is being prepared in house. The two documents are generally in accord with the budget. There will be some minor review costs. These review costs are part of the $7,000 estimate that was previously advised to Council. RISK IMPLICATIONS Failure to comply with the Act may incur Corporate and personal liabilities and may incur a public liability risk. CONSULTATION AND TIMING

Liaison with the Local Emergency Management Committee, SES, Police, PWA and Dam Safety NSW.

The timing for the completion of the DSEP and the O&M is expected to be October 2020 subject to the acceptance of the DSEP document by Dam Safety NSW.

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ORDINARY MEETING AGENDA 26 AUGUST 2020 - Hilltops ...

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