The Mayor, Councillor Rod Kendall
Councillor Yvonne Braid
Councillor Alan Brown
Councillor Greg Conkey OAM
Councillor Paul Funnell
Councillor Garry Hiscock
Councillor Julian McLaren
Councillor Andrew Negline
Councillor Kerry Pascoe
Councillor Kevin Poynter
Councillor Dallas Tout
In Attendance
General Manager (Mr A Eldridge)
Acting Director Commercial & Economic Development (Mr J Bolton)
Director Corporate Services (Mr C Richardson)
Director Environmental & Community Services (Mrs J Summerhayes)
Manager Corporate Strategy, Communications
& Governance (Mrs C Priest)
Manager Community Services (Ms M Scully)
Strategic Asset Planner (Parks & Recreation) (Mr B Creighton)
Manager Engineering (Mr A Fenwick)
Manager Waste & Stormwater Services (Mr G Veneris)
Manager Regulatory Services (Mr G Minehan)
Manager Strategic Planning (Mrs L Rankin)
Manager Executive Support (Mr S Gray)
Cultural Officer (Mrs T Miller)
Communications Officer Public/Media (Mr J Lang)
Communications & Engagement Officer (Miss S Post)
Governance Officer (Miss B King)
Prayer
Almighty God,
Help protect our Mayor, elected Councillors and staff.
Help Councillors to govern with justice, integrity, and respect for equality, to preserve rights and liberties, to be guided by wisdom when making decisions and settling priorities, and not least of all to preserve harmony.
Amen.
Acknowledgement Of Country
I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of this Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Community members present.
APOLOGIES
No apologies were received.
CARRIED
CONFIRMATION OF MINUTES
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On the Motion of Councillors K Poynter and A Brown That the Minutes of the proceedings of the Supplementary Council Meeting held on 8 February 2016 be confirmed as a true and accurate record. |
Declarations Of Interest
Councillor K Poynter declared a Pecuniary Interest in CR-3 PROPOSED AMENDMENTS TO REVENUE AND PRICING POLICY 2016/2017 AND POL 041 ACTIVITIES ON FOOTPATH POLICY the reason being that he is in the planning phase for a small business that maybe subject to POL 041 Activities on Footpath Policy and vacated the chamber during its consideration.
Councillor P Funnell declared a Non-Significant Non-Pecuniary Interest in CONF-4 PROPOSED ACQUISTION OF PART LOT 3 DP 788426 AT BOMEN FOR ROAD PURPOSES the reason being that he has worked as a contractor for people named in the report who are owners of the land and remained in the chamber during its consideration.
The General Manager, Mr A Eldridge declared a Non-Pecuniary Interest in RP-5 WATER FOR LAKE ALBERT GROUP REQUEST FOR FUNDING the reason being that he lives in Lake Albert and remained in the chamber.
REPORTS FROM POLICY AND STRATEGY COMMITTEE
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PSRP-3 DA15/0728 - SHED - 48 EVANS STREET, WAGGA WAGGA, LOT 23 SEC B DP 7096 |
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On the Motion of Councillors A Brown and G Hiscock That Council Approve DA15/0728 for the construction of a shed at 48 Evans Street, Wagga Wagga, subject to the following conditions: CONDITIONS Approved Plans and Documentation 1. The development must be carried out in accordance with the approved plans and specifications as follows.
The Development Application has been determined by the granting of consent subject to and as amended by the conditions of development consent specified below. NOTE: Any modifications to the proposal shall be the subject of an application under Section 96 of the Environmental Planning and Assessment Act, 1979. REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. Prior to release of Construction Certificate 2. Prior to the issue of a Construction Certificate details of all structural concrete and structural steelwork shall be submitted to the Principal Certifying Authority for approval, all such details shall be certified by a practising Structural Engineer. REASON: It is in the public interest that all building elements are able to withstand the combination of loads and other actions to which it may be subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended. Prior to Commencement of Works 3. Prior to works commencing on site, toilet facilities must be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be: a) a standard flushing toilet connected to a public sewer, or b) if that is not practicable, an accredited sewage management facility approved by Council, or c) if that is not practicable, any other sewage management facility approved by Council. NOTE 1: The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced and the toilet facility must not be removed without the prior written approval of Council. NOTE 2: “Vicinity” in this condition is defined to mean within 50 metres of the subject building site. NOTE 3: The toilet facilities are to comply with all WORK COVER NSW requirements. REASON: To provide adequate sanitary facilities during the construction phase. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 4. A CONSTRUCTION CERTIFICATE pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, as amended from either Council or an accredited certifying authority certifying that the proposed works are in accordance with the Building Code of Australia PRIOR to any works commencing. NOTE 1: No building, engineering, excavation work or food premises fitout must be carried out in relation to this development until the necessary Construction Certificate has been obtained. NOTE 2: YOU MUST NOT COMMENCE WORK UNTIL YOU HAVE RECEIVED THE CONSTRUCTION CERTIFICATE, even if you made an application for a Construction Certificate at the same time as you lodged this Development Application. NOTE 3: It is the responsibility of the applicant to ensure that the development complies with the provision of the Building Code of Australia in the case of building work and the applicable Council Engineering Standards in the case of subdivision works. This may entail alterations to the proposal so that it complies with these standards.
REASON: To ensure the design of the proposed work may be assessed in detail before construction commences and because it is in the public interest that the development complies with the appropriate construction standards. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 5. Prior to works commencing a container must be erected on site for the enclosure of all building rubbish and debris, including that which can be wind blown. The enclosure shall be approved by Council and be retained on site at all times prior to the disposal of rubbish at a licenced Waste Management Centre. Materials and sheds or machinery to be used in association with the construction of the building must not be stored or stacked on Council’s footpath, nature strip, reserve or roadway. NOTE 1: No building rubbish or debris must be placed, or be permitted to be placed on any adjoining public reserve, footway, road or private land. NOTE 2: Weighbridge certificates, receipts or dockets that clearly identify where waste has been deposited must be retained. Documentation must include quantities and nature of the waste. This documentation must be provided to Council prior to application for an Occupation Certificate for the development. NOTE 3: The suitable container for the storage of rubbish must be retained on site until an Occupation Certificate is issued for the development. REASON: To ensure that the building site and adjoining public places are maintained in a clean and tidy condition so as not to interfere with the amenity of the area. Section 79C (1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended. 6. Prior to the commencement of works erosion and sediment control measures are to be established and maintained to prevent silt and sediment escaping the site or producing erosion. This work must be carried out and maintained in accordance with Council’s:- a) Development Control Plan 2010 (Section 2.6 and Appendix 2) b) Erosion and Sediment Control Guidelines for Building Sites; and c) Soils and Construction Volume 1, Managing Urban Stormwater Prior to commencement of works, a plan illustrating these measures shall be submitted to, and approved by, Council. NOTE: All erosion and sediment control measures must be in place prior to earthworks commencing. REASON: To ensure the impact of the work on the environment in terms of soil erosion and sedimentation is minimised. Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, as amended.
7. A Section 68 Approval must be obtained from Council prior to any sewer or stormwater work being carried out on the site. The licensed plumber must submit to Council, at least two (2) days prior to the commencement of any plumbing and drainage works on site a “Notice of Works”. NOTE: A copy of the Notice of Works form can be found on Council’s website. REASON: It is in the public interest that plumbing and drainage work is carried out with the relevant approvals required under the Local Government Act 1993 and the Plumbing Code of Australia. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 8. Building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development: a) in the case of work done by a licensee under the Act: i) has been informed in writing of the licensee’s name and contractor license number, and ii) is satisfied that the licensee has complied with the requirements of Part 6 of that Act, OR b) in the case of work to be done by any other person: i) has been informed in writing of the person’s name and owner-builder permit number, or ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of the Act, and, is given appropriate information and declarations under paragraphs a) and b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either a) or b). NOTE: A certificate issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that the person is the holder of an insurance policy is sufficient evidence to satisfy this condition. REASON: To ensure the development complies with the requirements of Clause 98 of the Environmental Planning and Assessment Regulations 2000, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended. 9. Prior to works commencing, a sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out: a) stating that unauthorised entry to the site is prohibited, and b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside work hours c) the development consent or complying development consent number, the name and contact details of the Principal Certifying Authority. Any sign must be removed when the work has been completed. NOTE: This condition does not apply to: a) building work carried out inside an existing building, or b) building work carried out on premises that must be occupied continuously (both during and outside work hours) while the work is being carried out. REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended. 10. At least two (2) days prior to the commencement of any works, the attached ‘Notice of Commencement of Building or Subdivision Works and Appointment of Principal Certifying Authority’, must be submitted to Council. REASON: Because it is in the public interest that Council receive notification in accordance with the provision of the Environmental Planning and Assessment Act 1979, as amended. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. During works 11. If the Council is appointed as the Principal Certifying Authority the following inspections must be undertaken by Council and a satisfactory Inspection Report must be issued by Council for such works prior to any further works being undertaken in respect of the subject development. Inspection Stages for construction are listed in Column 1 and must be inspected by Council at the times specified in Column 2.
NOTE 1: A Final Occupation Certificate in relation to the building cannot be issued by Council until all Inspection Reports required by this condition have been issued by Council. Prior to or at the time of the application for Occupation Certificate the application for “Occupation Certificate” form attached to the Council issued Construction Certificate must be completed and submitted to Council with all required attachments - failure to submit the completed Occupation Certificate application form will result in an inability for Council to book and subsequently undertake occupation certificate inspection. NOTE 2: The above Inspection Reports are required whether or not the work has been inspected by a Structural Engineer, a lending authority or any other person. If the Inspection Reports are not issued Council may refuse to issue a Building Certificate under Section 149A of the Environmental Planning and Assessment Act 1979, as amended. NOTE 3: Submission of the bracing plan and the Truss and Frame Certificate is required seven (7) working days before the frame inspection. REASON: It is in the public interest that critical stage inspections be issued for these components of the development in accordance with Section 162A of the Environmental Planning and Assessment Regulations 2000 as amended. 12. The Builder must at all times maintain, on the job, a legible copy of the plan and specification approved with the Construction Certificate. REASON: It is in the public interest that a copy of the Construction Certificate plans are available, and Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 13. All excavation and backfilling associated with the erection/demolition of the building must be properly guarded and protected to prevent them from being dangerous to life or property. Excavations must be undertaken in accordance with the terms and conditions of Section 9.4.6 of the Wagga Wagga Development Control Plan 2010. REASON: It is in the public interest that all building elements are able to withstand the combination of loads and other actions to which it may be subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended. 14. Any alterations or additions marked by Council on the approved plans and/or the specifications must be carried into effect. The small garage shown on the plans has been removed from the site and is not approved with this application. REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 15. The concrete slab floor shall be treated against termites in accordance with AS 3660-1 2000 Termite Management: a) NON CHEMICAL - where a non-chemical treatment (physical barriers) is to be used the applicant shall submit details to Council prior to any work commencing. b) CHEMICAL RETICULATION - where a chemical method of treatment is to be used by way of reticulation, details shall be provided to Council for approval prior to installation accompanied by a signed maintenance contract with a Pest Control Operator. Applicants and owners are to ensure that an annual inspection is undertaken to determine need for treatment. c) CHEMICAL TREATMENT - where a chemical method of treatment is to be used by way of hand spray treatment before laying the slab, details shall be provided to the Council for approval prior to installation. Warning - Applicants and owners are warned that the expected life of the under floor barrier (Chemical Treatment) is only ten years and the external barrier (Chemical Treatment) is only five (5) years. The actual protection will depend on factors such as termite hazards, climate and soil conditions. Council recommends in all cases of chemical treatment including reticulation that regular annual inspection be carried out by a licensed Pest Control Operator to determine the need for re-treatment. d) Upon installation of the method of treatment, a Certificate shall be issued to Council by the licensed installer of the system certifying that the system installed is in accordance with AS 3660-1 and in accordance with any specific requirements of the Council. e) A durable notice must be permanently fixed to the building in the electricity meter box indicating: i) The method of protection ii) The date of installation of the system iii) Where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label. iv) The need to maintain and inspect the system on a regular basis. REASON: It is in the public interest that where appropriate termite management treatments are used in compliance with AS 3660.1.2000 Termite Management New Building Work. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended. 16. The building must be designed and constructed in such a manner and of such materials as to minimise the likelihood of damage to the building in the event of flooding. REASON: To reduce the likelihood of damage from flood waters. Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, as amended. 17. A Compliance Certificate for the plumbing and drainage work identified in Column 1 at the times specified in Column 2 must be obtained from Council.
REASON: It is in the public interest that plumbing work is certifying as complying with AS/NZS 3500.2003 and Plumbing Code of Australia. 18. All building work must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant Construction Certificate or Complying Development Certificate was made). REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended. Prior to release of Occupation Certificate / Prior to Operation 19. An Occupation Certificate, must be obtained pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, from either Council or an accredited certifying authority, prior to occupation of the building. In order to obtain this, the “Final Occupation Certificate” form must be completed and submitted to Council with all required attachments - failure to submit the completed Occupation Certificate Application form will result in an inability for Council to book and subsequently undertake Occupation Certificate inspection. NOTE: The issuing of an Occupation Certificate does not necessarily indicate that all conditions of development consent have been complied with. The applicant is responsible for ensuring that all conditions of development consent are complied with. REASON: It is in the public interest that an Occupation Certificate be issued prior to occupation of the building. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 20. A final inspection must be carried out upon completion of plumbing and drainage work and prior to occupation of the development, prior to the issuing of a final plumbing certificate Council must be in possession of Notice of Works, Certificate of Compliance and Works as Executed Diagrams for the works. The works as Executed Diagram must be submitted in electronic format in either AutoCAD or PDF file in accordance with Council requirements. All plumbing and drainage work must be carried out by a licensed plumber and drainer and to the requirements of the Plumbing and Drainage Act 2011. NOTE: Additional fees for inspections at the Plumbing Interim Occupancy / Plumbing Occupation stage may apply. This will depend on the number of inspections completed at this stage of the work/s. REASON: To ensure compliance with the relevant provisions of the Plumbing and Drainage Act 2011 and Regulations. General 21. The shed must not be used for commercial or industrial purposes of storage of goods associated with industrial or commercial undertakings. REASON: Development consent is for purposes other than commercial or industrial use. Section 79C(1)(a)(c) of the Environmental Planning and Assessment Act 1979, as amended. 22. (1) For the purposes of Section 80A (11) of the Environmental Planning and Assessment Act 1979, it is a prescribed condition of the development consent that if the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense: (a) protect and support the adjoining premises from possible damage from the excavation, and (b) where necessary, underpin the adjoining premises to prevent any such damage. (2) The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.
REASON: To ensure the development complies with the requirements imposed under Clause 98E of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A (11) of the Environmental Planning and Assessment Act 1979, as amended.
RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993
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PSRP-4 DA15/0684 - 9.5M X 5.5M DETACHED PITCHED ROOF SHED, 29 INGLIS STREET, LAKE ALBERT, LOT 6 SECTION D DP7231 |
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On the Motion of Councillors D Tout and K Pascoe That Council approve Development Application DA15/0684 for a 9.5m x 5.5m detached pitched roof shed at 29 Inglis Street, Lake Albert, Lot 6 Section D DP 7231 in accordance with the following conditions:
CONDITIONS
Approved Plans and Documentation 1. The development must be carried out in accordance with the approved plans and specifications as follows.
The Development Application has been determined by the granting of consent subject to and as amended by the conditions of development consent specified below. NOTE: Any modifications to the proposal shall be the subject of an application under Section 96 of the Environmental Planning and Assessment Act, 1979. REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. Prior to Commencement of Works 2. Prior to works commencing on site, toilet facilities must be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be: a) a standard flushing toilet connected to a public sewer, or b) if that is not practicable, an accredited sewage management facility approved by Council, or c) if that is not practicable, any other sewage management facility approved by Council. NOTE 1: The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced and the toilet facility must not be removed without the prior written approval of Council. NOTE 2: “Vicinity” in this condition is defined to mean within 50 metres of the subject building site. NOTE 3: The toilet facilities are to comply with all WORK COVER NSW requirements. REASON: To provide adequate sanitary facilities during the construction phase. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 3. A CONSTRUCTION CERTIFICATE pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, as amended from either Council or an accredited certifying authority certifying that the proposed works are in accordance with the Building Code of Australia PRIOR to any works commencing. NOTE 1: No building, engineering, excavation work or food premises fitout must be carried out in relation to this development until the necessary Construction Certificate has been obtained. NOTE 2: YOU MUST NOT COMMENCE WORK UNTIL YOU HAVE RECEIVED THE CONSTRUCTION CERTIFICATE, even if you made an application for a Construction Certificate at the same time as you lodged this Development Application. NOTE 3: It is the responsibility of the applicant to ensure that the development complies with the provision of the Building Code of Australia in the case of building work and the applicable Council Engineering Standards in the case of subdivision works. This may entail alterations to the proposal so that it complies with these standards. REASON: To ensure the design of the proposed work may be assessed in detail before construction commences and because it is in the public interest that the development complies with the appropriate construction standards. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 4. Prior to works commencing a container must be erected on site for the enclosure of all building rubbish and debris, including that which can be wind blown. The enclosure shall be approved by Council and be retained on site at all times prior to the disposal of rubbish at a licenced Waste Management Centre. Materials and sheds or machinery to be used in association with the construction of the building must not be stored or stacked on Council’s footpath, nature strip, reserve or roadway. NOTE 1: No building rubbish or debris must be placed, or be permitted to be placed on any adjoining public reserve, footway, road or private land. NOTE 2: Weighbridge certificates, receipts or dockets that clearly identify where waste has been deposited must be retained. Documentation must include quantities and nature of the waste. This documentation must be provided to Council prior to application for an Occupation Certificate for the development. NOTE 3: The suitable container for the storage of rubbish must be retained on site until an Occupation Certificate is issued for the development. REASON: To ensure that the building site and adjoining public places are maintained in a clean and tidy condition so as not to interfere with the amenity of the area. Section 79C (1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended. 5. Prior to the commencement of works erosion and sediment control measures are to be established and maintained to prevent silt and sediment escaping the site or producing erosion. This work must be carried out and maintained in accordance with Council’s:- a) Development Control Plan 2010 (Section 2.6 and Appendix 2) b) Erosion and Sediment Control Guidelines for Building Sites; and c) Soils and Construction Volume 1, Managing Urban Stormwater Prior to commencement of works, a plan illustrating these measures shall be submitted to, and approved by, Council. NOTE: All erosion and sediment control measures must be in place prior to earthworks commencing. REASON: To ensure the impact of the work on the environment in terms of soil erosion and sedimentation is minimised. Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 6. A Section 68 Approval must be obtained from Council prior to any sewer or stormwater work being carried out on the site. The licensed plumber must submit to Council, at least two (2) days prior to the commencement of any plumbing and drainage works on site a “Notice of Works”. NOTE: A copy of the Notice of Works form can be found on Council’s website.
REASON: It is in the public interest that plumbing and drainage work is carried out with the relevant approvals required under the Local Government Act 1993 and the Plumbing Code of Australia. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 7. Building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development: a) in the case of work done by a licensee under the Act: i) has been informed in writing of the licensee’s name and contractor license number, and ii) is satisfied that the licensee has complied with the requirements of Part 6 of that Act, OR b) in the case of work to be done by any other person: i) has been informed in writing of the person’s name and owner-builder permit number, or ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of the Act, and, is given appropriate information and declarations under paragraphs a) and b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either a) or b). NOTE: A certificate issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that the person is the holder of an insurance policy is sufficient evidence to satisfy this condition. REASON: To ensure the development complies with the requirements of Clause 98 of the Environmental Planning and Assessment Regulations 2000, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended. 8. Prior to works commencing, a sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out: a) stating that unauthorised entry to the site is prohibited, and b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside work hours c) the development consent or complying development consent number, the name and contact details of the Principal Certifying Authority. Any sign must be removed when the work has been completed. NOTE: This condition does not apply to: a) building work carried out inside an existing building, or b) building work carried out on premises that must be occupied continuously (both during and outside work hours) while the work is being carried out. REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended. 9. At least two (2) days prior to the commencement of any works, the attached ‘Notice of Commencement of Building or Subdivision Works and Appointment of Principal Certifying Authority’, must be submitted to Council. REASON: Because it is in the public interest that Council receive notification in accordance with the provision of the Environmental Planning and Assessment Act 1979, as amended. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. During works 10. If the Council is appointed as the Principal Certifying Authority the following inspections must be undertaken by Council and a satisfactory Inspection Report must be issued by Council for such works prior to any further works being undertaken in respect of the subject development. Inspection Stages for construction are listed in Column 1 and must be inspected by Council at the times specified in Column 2.
NOTE 1: A Final Occupation Certificate in relation to the building cannot be issued by Council until all Inspection Reports required by this condition have been issued by Council. Prior to or at the time of the application for Occupation Certificate the application for “Occupation Certificate” form attached to the Council issued Construction Certificate must be completed and submitted to Council with all required attachments - failure to submit the completed Occupation Certificate application form will result in an inability for Council to book and subsequently undertake occupation certificate inspection. NOTE 2: The above Inspection Reports are required whether or not the work has been inspected by a Structural Engineer, a lending authority or any other person. If the Inspection Reports are not issued Council may refuse to issue a Building Certificate under Section 149A of the Environmental Planning and Assessment Act 1979, as amended. NOTE 3: Submission of the bracing plan and the Truss and Frame Certificate is required seven (7) working days before the frame inspection. REASON: It is in the public interest that critical stage inspections be issued for these components of the development in accordance with Section 162A of the Environmental Planning and Assessment Regulations 2000 as amended. 11. The Builder must at all times maintain, on the job, a legible copy of the plan and specification approved with the Construction Certificate. REASON: It is in the public interest that a copy of the Construction Certificate plans are available, and Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 12. Any alterations or additions marked by Council on the approved plans and/or the specifications must be carried into effect. REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 13. The permitted construction hours are Monday to Friday 7.00am to 6.00pm and Saturday 7.00am to 5.00pm, excepting public holidays. All reasonable steps must be taken to minimise dust generation during the demolition and/or construction process. Demolition and construction noise is to be managed in accordance with the Office of Environment and Heritage Guidelines. REASON: To ensure building works do not have adverse effects on the amenity of the area. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 14. A Compliance Certificate for the plumbing and drainage work identified in Column 1 at the times specified in Column 2 must be obtained from Council.
REASON: It is in the public interest that plumbing work is certifying as complying with AS/NZS 3500.2003 and Plumbing Code of Australia. 15. All building work must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant Construction Certificate or Complying Development Certificate was made). REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended. Prior to release of Occupation Certificate / Prior to Operation 16. An Occupation Certificate, must be obtained pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, from either Council or an accredited certifying authority, prior to occupation of the building. In order to obtain this, the “Final Occupation Certificate” form must be completed and submitted to Council with all required attachments - failure to submit the completed Occupation Certificate Application form will result in an inability for Council to book and subsequently undertake Occupation Certificate inspection. NOTE: The issuing of an Occupation Certificate does not necessarily indicate that all conditions of development consent have been complied with. The applicant is responsible for ensuring that all conditions of development consent are complied with. REASON: It is in the public interest that an Occupation Certificate be issued prior to occupation of the building. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 17. A final inspection must be carried out upon completion of plumbing and drainage work and prior to occupation of the development, prior to the issuing of a final plumbing certificate Council must be in possession of Notice of Works, Certificate of Compliance and Works as Executed Diagrams for the works. The works as Executed Diagram must be submitted in electronic format in either AutoCAD or PDF file in accordance with Council requirements. All plumbing and drainage work must be carried out by a licensed plumber and drainer and to the requirements of the Plumbing and Drainage Act 2011. NOTE: Additional fees for inspections at the Plumbing Interim Occupancy / Plumbing Occupation stage may apply. This will depend on the number of inspections completed at this stage of the work/s. REASON: To ensure compliance with the relevant provisions of the Plumbing and Drainage Act 2011 and Regulations. RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993
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PSRP-5 DA15/0711 - SHED, 3 YATHONG STREET, WAGGA WAGGA, LOT 18 SECTION B DP 13345 |
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On the Motion of Councillors D Tout and K Pascoe That Council approve Development Application DA15/0711 for Shed, 3 Yathong St WAGGA WAGGA NSW 2650, Lot 18 Sec B DP 13345 in accordance with the following conditions:- CONDITIONS Approved Plans and Documentation 1. The development must be carried out in accordance with the approved plans and specifications as follows.
The Development Application has been determined by the granting of consent subject to and as amended by the conditions of development consent specified below. NOTE: Any modifications to the proposal shall be the subject of an application under Section 96 of the Environmental Planning and Assessment Act, 1979. REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. Prior to Commencement of Works 2. Prior to works commencing on site, toilet facilities must be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be: a) a standard flushing toilet connected to a public sewer, or b) if that is not practicable, an accredited sewage management facility approved by Council, or c) if that is not practicable, any other sewage management facility approved by Council. NOTE 1: The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced and the toilet facility must not be removed without the prior written approval of Council. NOTE 2: “Vicinity” in this condition is defined to mean within 50 metres of the subject building site. NOTE 3: The toilet facilities are to comply with all WORK COVER NSW requirements. REASON: To provide adequate sanitary facilities during the construction phase. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 3. A CONSTRUCTION CERTIFICATE pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, as amended from either Council or an accredited certifying authority certifying that the proposed works are in accordance with the Building Code of Australia PRIOR to any works commencing. NOTE 1: No building, engineering, excavation work or food premises fitout must be carried out in relation to this development until the necessary Construction Certificate has been obtained. NOTE 2: YOU MUST NOT COMMENCE WORK UNTIL YOU HAVE RECEIVED THE CONSTRUCTION CERTIFICATE, even if you made an application for a Construction Certificate at the same time as you lodged this Development Application. NOTE 3: It is the responsibility of the applicant to ensure that the development complies with the provision of the Building Code of Australia in the case of building work and the applicable Council Engineering Standards in the case of subdivision works. This may entail alterations to the proposal so that it complies with these standards. REASON: To ensure the design of the proposed work may be assessed in detail before construction commences and because it is in the public interest that the development complies with the appropriate construction standards. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 4. Prior to works commencing a container must be erected on site for the enclosure of all building rubbish and debris, including that which can be wind blown. The enclosure shall be approved by Council and be retained on site at all times prior to the disposal of rubbish at a licenced Waste Management Centre. Materials and sheds or machinery to be used in association with the construction of the building must not be stored or stacked on Council’s footpath, nature strip, reserve or roadway. NOTE 1: No building rubbish or debris must be placed, or be permitted to be placed on any adjoining public reserve, footway, road or private land. NOTE 2: Weighbridge certificates, receipts or dockets that clearly identify where waste has been deposited must be retained. Documentation must include quantities and nature of the waste. This documentation must be provided to Council prior to application for an Occupation Certificate for the development. NOTE 3: The suitable container for the storage of rubbish must be retained on site until an Occupation Certificate is issued for the development. REASON: To ensure that the building site and adjoining public places are maintained in a clean and tidy condition so as not to interfere with the amenity of the area. Section 79C (1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended. 5. Prior to the commencement of works erosion and sediment control measures are to be established and maintained to prevent silt and sediment escaping the site or producing erosion. This work must be carried out and maintained in accordance with Council’s:- a) Development Control Plan 2010 (Section 2.6 and Appendix 2) b) Erosion and Sediment Control Guidelines for Building Sites; and c) Soils and Construction Volume 1, Managing Urban Stormwater Prior to commencement of works, a plan illustrating these measures shall be submitted to, and approved by, Council. NOTE: All erosion and sediment control measures must be in place prior to earthworks commencing. REASON: To ensure the impact of the work on the environment in terms of soil erosion and sedimentation is minimised. Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 6. A Section 68 Approval must be obtained from Council prior to any sewer or stormwater work being carried out on the site. The licensed plumber must submit to Council, at least two (2) days prior to the commencement of any plumbing and drainage works on site a “Notice of Works”. NOTE: A copy of the Notice of Works form can be found on Council’s website.
REASON: It is in the public interest that plumbing and drainage work is carried out with the relevant approvals required under the Local Government Act 1993 and the Plumbing Code of Australia. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 7. Building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development: a) in the case of work done by a licensee under the Act: i) has been informed in writing of the licensee’s name and contractor license number, and ii) is satisfied that the licensee has complied with the requirements of Part 6 of that Act, OR b) in the case of work to be done by any other person: i) has been informed in writing of the person’s name and owner-builder permit number, or ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of the Act, and, is given appropriate information and declarations under paragraphs a) and b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either a) or b). NOTE: A certificate issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that the person is the holder of an insurance policy is sufficient evidence to satisfy this condition. REASON: To ensure the development complies with the requirements of Clause 98 of the Environmental Planning and Assessment Regulations 2000, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended. 8. Prior to works commencing, a sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out: a) stating that unauthorised entry to the site is prohibited, and b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside work hours c) the development consent or complying development consent number, the name and contact details of the Principal Certifying Authority. Any sign must be removed when the work has been completed. NOTE: This condition does not apply to: a) building work carried out inside an existing building, or b) building work carried out on premises that must be occupied continuously (both during and outside work hours) while the work is being carried out. REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended. 9. At least two (2) days prior to the commencement of any works, the attached ‘Notice of Commencement of Building or Subdivision Works and Appointment of Principal Certifying Authority’, must be submitted to Council. REASON: Because it is in the public interest that Council receive notification in accordance with the provision of the Environmental Planning and Assessment Act 1979, as amended. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. During works 10. If the Council is appointed as the Principal Certifying Authority the following inspections must be undertaken by Council and a satisfactory Inspection Report must be issued by Council for such works prior to any further works being undertaken in respect of the subject development. Inspection Stages for construction are listed in Column 1 and must be inspected by Council at the times specified in Column 2.
NOTE 1: A Final Occupation Certificate in relation to the building cannot be issued by Council until all Inspection Reports required by this condition have been issued by Council. Prior to or at the time of the application for Occupation Certificate the application for “Occupation Certificate” form attached to the Council issued Construction Certificate must be completed and submitted to Council with all required attachments - failure to submit the completed Occupation Certificate application form will result in an inability for Council to book and subsequently undertake occupation certificate inspection. NOTE 2: The above Inspection Reports are required whether or not the work has been inspected by a Structural Engineer, a lending authority or any other person. If the Inspection Reports are not issued Council may refuse to issue a Building Certificate under Section 149A of the Environmental Planning and Assessment Act 1979, as amended. NOTE 3: Submission of the bracing plan and the Truss and Frame Certificate is required seven (7) working days before the frame inspection. REASON: It is in the public interest that critical stage inspections be issued for these components of the development in accordance with Section 162A of the Environmental Planning and Assessment Regulations 2000 as amended. 11. The Builder must at all times maintain, on the job, a legible copy of the plan and specification approved with the Construction Certificate. REASON: It is in the public interest that a copy of the Construction Certificate plans are available, and Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 12. The demolition must be carried out in accordance with the provisions of Australian Standard AS2601-2001: The Demolition of Structures. Within fourteen (14) days of completion of demolition, the following information shall be submitted to Council for assessment and approval: a) an asbestos clearance certificate prepared by a competent person; and b) a signed statement verifying that demolition work and the recycling of materials was undertaken in accordance with any Waste Management Plan approved with this consent. In reviewing such documentation Council will require the provision of actual weighbridge receipts for the recycling/disposal of all materials.
NOTE 1: Developers are reminded that WorkCover requires that all plant and equipment used in demolition work must comply with the relevant Australian Standards and manufacturer specifications. NOTE 2: Demolition works involving the removal and disposal of asbestos cement must only be undertaken by contractors who hold a current WorkCover “Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos Licence”. NOTE 3: Competent Person (as defined under Safe Removal of asbestos 2nd Edition [NOHSC: 2002 (2005)] means a person possessing adequate qualifications, such as suitable training and sufficient knowledge, experience and skill, for the safe performance of the specific work. NOTE 4: A licence may be required for some of the tasks described in the document entitled Safe Removal of Asbestos 2nd Edition as requiring a competent person. REASON: It is in the public interest that the demolition be carried out in a safe manner and that the utilities be protected from damage. Section 79C(1)(a) & (e) of the Environmental Planning and Assessment Act 1979, as amended. 13. The permitted construction hours are Monday to Friday 7.00am to 6.00pm and Saturday 7.00am to 5.00pm, excepting public holidays. All reasonable steps must be taken to minimise dust generation during the demolition and/or construction process. Demolition and construction noise is to be managed in accordance with the Office of Environment and Heritage Guidelines. REASON: To ensure building works do not have adverse effects on the amenity of the area. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 14. A Compliance Certificate for the plumbing and drainage work identified in Column 1 at the times specified in Column 2 must be obtained from Council.
REASON: It is in the public interest that plumbing work is certifying as complying with AS/NZS 3500.2003 and Plumbing Code of Australia. 15. All building work must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant Construction Certificate or Complying Development Certificate was made). REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended. Prior to release of Occupation Certificate / Prior to Operation 16. An Occupation Certificate, must be obtained pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, from either Council or an accredited certifying authority, prior to occupation of the building. In order to obtain this, the “Final Occupation Certificate” form must be completed and submitted to Council with all required attachments - failure to submit the completed Occupation Certificate Application form will result in an inability for Council to book and subsequently undertake Occupation Certificate inspection. NOTE: The issuing of an Occupation Certificate does not necessarily indicate that all conditions of development consent have been complied with. The applicant is responsible for ensuring that all conditions of development consent are complied with. REASON: It is in the public interest that an Occupation Certificate be issued prior to occupation of the building. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 17. A final inspection must be carried out upon completion of plumbing and drainage work and prior to occupation of the development, prior to the issuing of a final plumbing certificate Council must be in possession of Notice of Works, Certificate of Compliance and Works as Executed Diagrams for the works. The works as Executed Diagram must be submitted in electronic format in either AutoCAD or PDF file in accordance with Council requirements. All plumbing and drainage work must be carried out by a licensed plumber and drainer and to the requirements of the Plumbing and Drainage Act 2011. NOTE: Additional fees for inspections at the Plumbing Interim Occupancy / Plumbing Occupation stage may apply. This will depend on the number of inspections completed at this stage of the work/s. REASON: To ensure compliance with the relevant provisions of the Plumbing and Drainage Act 2011 and Regulations. General 18. (1) For the purposes of Section 80A (11) of the Environmental Planning and Assessment Act 1979, it is a prescribed condition of the development consent that if the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense: (a) protect and support the adjoining premises from possible damage from the excavation, and (b) where necessary, underpin the adjoining premises to prevent any such damage. (2) The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying. REASON: To ensure the development complies with the requirements imposed under Clause 98E of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A (11) of the Environmental Planning and Assessment Act 1979, as amended. RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993
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PSRP-6 DA15/0751 - PROPOSED DWELLING, 14 CHIPP PLACE, LLOYD, LOT 531 DP 1196872 |
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On the Motion of Councillors K Pascoe and A Brown RECOMMENDATION That Council approve Development Application DA15/0751 for Dwelling, 14 Chipp Place LLOYD NSW 2650, Lot 531 DP 1196872 in accordance with the following conditions:- CONDITIONS Approved Plans and Documentation 1. The development must be carried out in accordance with the approved plans and specifications as follows.
The Development Application has been determined by the granting of consent subject to and as amended by the conditions of development consent specified below. NOTE: Any modifications to the proposal shall be the subject of an application under Section 96 of the Environmental Planning and Assessment Act, 1979. REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. Prior to release of Construction Certificate 2. Prior to the issue of Construction Certificate the developer must lodge a bond with Council of:- $1,000.00 for security deposit on the kerb and gutter and footpath Plus a non-refundable administration fee of $55.00 NOTE 1: The applicant currently has an ONGOING security bond lodged with Council bond number BKG 0335. This ongoing bond will be attached to this development to act as a security deposit on the kerb and gutter and footpath. No further payment under this condition is required. NOTE 2: All monetary conditions are reviewed annually, and may change on 1 July each year. NOTE 3: Works in the form of driveways, kerb and gutter and footpath may require you to obtain a Section 138 Roads Act 1993 approval. Please contact Council’s Road Reserve Officer on 1300 292 442 prior to undertaking such works. NOTE 4: Council will accept a once off security deposit for the kerb and gutter and footpath for applicants who lodge multiple DA‘s with Council. If the applicant has security deposits held by Council for kerb and gutter and footpath at the time of Construction Certificate application, then Council may waive the need for an additional bond to be paid. NOTE 5: The bond held on the kerb and gutter and footpath is fully refundable upon completion of all works and upon inspection by Council to ensure that any damage to Council infrastructure has been repaired. The bond will not be refunded in the event that damage done to Council‘s infrastructure is not repaired to the satisfaction of Council. All damage is to be repaired at the full cost of the applicant REASON: It is in the public interest that such fees are paid in accordance with Council’s Management Plan. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.
Prior to Commencement of Works 3. Prior to works commencing on site, toilet facilities must be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be: a) a standard flushing toilet connected to a public sewer, or b) if that is not practicable, an accredited sewage management facility approved by Council, or c) if that is not practicable, any other sewage management facility approved by Council. NOTE 1: The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced and the toilet facility must not be removed without the prior written approval of Council. NOTE 2: “Vicinity” in this condition is defined to mean within 50 metres of the subject building site. NOTE 3: The toilet facilities are to comply with all WORK COVER NSW requirements. REASON: To provide adequate sanitary facilities during the construction phase. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 4. A CONSTRUCTION CERTIFICATE pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, as amended from either Council or an accredited certifying authority certifying that the proposed works are in accordance with the Building Code of Australia PRIOR to any works commencing. NOTE 1: No building, engineering, excavation work or food premises fitout must be carried out in relation to this development until the necessary Construction Certificate has been obtained. NOTE 2: YOU MUST NOT COMMENCE WORK UNTIL YOU HAVE RECEIVED THE CONSTRUCTION CERTIFICATE, even if you made an application for a Construction Certificate at the same time as you lodged this Development Application. NOTE 3: It is the responsibility of the applicant to ensure that the development complies with the provision of the Building Code of Australia in the case of building work and the applicable Council Engineering Standards in the case of subdivision works. This may entail alterations to the proposal so that it complies with these standards. REASON: To ensure the design of the proposed work may be assessed in detail before construction commences and because it is in the public interest that the development complies with the appropriate construction standards. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 5. Prior to works commencing a container must be erected on site for the enclosure of all building rubbish and debris, including that which can be wind blown. The enclosure shall be approved by Council and be retained on site at all times prior to the disposal of rubbish at a licenced Waste Management Centre. Materials and sheds or machinery to be used in association with the construction of the building must not be stored or stacked on Council’s footpath, nature strip, reserve or roadway. NOTE 1: No building rubbish or debris must be placed, or be permitted to be placed on any adjoining public reserve, footway, road or private land. NOTE 2: Weighbridge certificates, receipts or dockets that clearly identify where waste has been deposited must be retained. Documentation must include quantities and nature of the waste. This documentation must be provided to Council prior to application for an Occupation Certificate for the development. NOTE 3: The suitable container for the storage of rubbish must be retained on site until an Occupation Certificate is issued for the development. REASON: To ensure that the building site and adjoining public places are maintained in a clean and tidy condition so as not to interfere with the amenity of the area. Section 79C (1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended. 6. Prior to the commencement of works erosion and sediment control measures are to be established and maintained to prevent silt and sediment escaping the site or producing erosion. This work must be carried out and maintained in accordance with Council’s:- a) Development Control Plan 2010 (Section 2.6 and Appendix 2) b) Erosion and Sediment Control Guidelines for Building Sites; and c) Soils and Construction Volume 1, Managing Urban Stormwater Prior to commencement of works, a plan illustrating these measures shall be submitted to, and approved by, Council. NOTE: All erosion and sediment control measures must be in place prior to earthworks commencing. REASON: To ensure the impact of the work on the environment in terms of soil erosion and sedimentation is minimised. Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 7. Building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development: a) in the case of work done by a licensee under the Act: i) has been informed in writing of the licensee’s name and contractor license number, and ii) is satisfied that the licensee has complied with the requirements of Part 6 of that Act, OR b) in the case of work to be done by any other person: i) has been informed in writing of the person’s name and owner-builder permit number, or ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of the Act, and, is given appropriate information and declarations under paragraphs a) and b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either a) or b). NOTE: A certificate issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that the person is the holder of an insurance policy is sufficient evidence to satisfy this condition. REASON: To ensure the development complies with the requirements of Clause 98 of the Environmental Planning and Assessment Regulations 2000, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended. 8. Prior to works commencing, a sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out: a) stating that unauthorised entry to the site is prohibited, and b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside work hours c) the development consent or complying development consent number, the name and contact details of the Principal Certifying Authority. Any sign must be removed when the work has been completed. NOTE: This condition does not apply to: a) building work carried out inside an existing building, or b) building work carried out on premises that must be occupied continuously (both during and outside work hours) while the work is being carried out. REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended. 9. At least two (2) days prior to the commencement of any works, the attached ‘Notice of Commencement of Building or Subdivision Works and Appointment of Principal Certifying Authority’, must be submitted to Council. REASON: Because it is in the public interest that Council receive notification in accordance with the provision of the Environmental Planning and Assessment Act 1979, as amended. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. During works 10. Vehicular access within the road reserve must be constructed to Council standards, at full cost to the developer, by a licensed Council approved contractor. REASON: To ensure that the proposed access is constructed by an approved Council Contractor. Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, as amended. 11. If the Council is appointed as the Principal Certifying Authority the following inspections must be undertaken by Council and a satisfactory Inspection Report must be issued by Council for such works prior to any further works being undertaken in respect of the subject development. Inspection Stages for construction are listed in Column 1 and must be inspected by Council at the times specified in Column 2.
NOTE 1: A Final Occupation Certificate in relation to the building cannot be issued by Council until all Inspection Reports required by this condition have been issued by Council. Prior to or at the time of the application for Occupation Certificate the application for “Occupation Certificate” form attached to the Council issued Construction Certificate must be completed and submitted to Council with all required attachments - failure to submit the completed Occupation Certificate application form will result in an inability for Council to book and subsequently undertake occupation certificate inspection. NOTE 2: The above Inspection Reports are required whether or not the work has been inspected by a Structural Engineer, a lending authority or any other person. If the Inspection Reports are not issued Council may refuse to issue a Building Certificate under Section 149A of the Environmental Planning and Assessment Act 1979, as amended. NOTE 3: Submission of the bracing plan and the Truss and Frame Certificate is required seven (7) working days before the frame inspection. REASON: It is in the public interest that critical stage inspections be issued for these components of the development in accordance with Section 162A of the Environmental Planning and Assessment Regulations 2000 as amended. 12. The Builder must at all times maintain, on the job, a legible copy of the plan and specification approved with the Construction Certificate. REASON: It is in the public interest that a copy of the Construction Certificate plans are available, and Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 13. All excavation and backfilling associated with the erection/demolition of the building must be properly guarded and protected to prevent them from being dangerous to life or property. Excavations must be undertaken in accordance with the terms and conditions of Section 9.4.6 of the Wagga Wagga Development Control Plan 2010. REASON: It is in the public interest that all building elements are able to withstand the combination of loads and other actions to which it may be subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended. 14. Any alterations or additions marked by Council on the approved plans and/or the specifications must be carried into effect. REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 15. The concrete slab floor shall be treated against termites in accordance with AS 3660-1 2000 Termite Management: a) NON CHEMICAL - where a non-chemical treatment (physical barriers) is to be used the applicant shall submit details to Council prior to any work commencing. b) CHEMICAL RETICULATION - where a chemical method of treatment is to be used by way of reticulation, details shall be provided to Council for approval prior to installation accompanied by a signed maintenance contract with a Pest Control Operator. Applicants and owners are to ensure that an annual inspection is undertaken to determine need for treatment. c) CHEMICAL TREATMENT - where a chemical method of treatment is to be used by way of hand spray treatment before laying the slab, details shall be provided to the Council for approval prior to installation. Warning - Applicants and owners are warned that the expected life of the under floor barrier (Chemical Treatment) is only 10 years and the external barrier (Chemical Treatment) is only five (5) years. The actual protection will depend on factors such as termite hazards, climate and soil conditions. Council recommends in all cases of chemical treatment including reticulation that regular annual inspection be carried out by a licensed Pest Control Operator to determine the need for re-treatment. d) Upon installation of the method of treatment, a Certificate shall be issued to Council by the licensed installer of the system certifying that the system installed is in accordance with AS 3660-1 and in accordance with any specific requirements of the Council. e) A durable notice must be permanently fixed to the building in the electricity meter box indicating: i) The method of protection ii) The date of installation of the system iii) Where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label. iv) The need to maintain and inspect the system on a regular basis. REASON: It is in the public interest that where appropriate termite management treatments are used in compliance with AS 3660.1.2000 Termite Management New Building Work. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended. 16. The permitted construction hours are Monday to Friday 7.00am to 6.00pm and Saturday 7.00am to 5.00pm, excepting public holidays. All reasonable steps must be taken to minimise dust generation during the demolition and/or construction process. Demolition and construction noise is to be managed in accordance with the Office of Environment and Heritage Guidelines. REASON: To ensure building works do not have adverse effects on the amenity of the area. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 17. A Compliance Certificate for the plumbing and drainage work identified in Column 1 at the times specified in Column 2 must be obtained from Council.
REASON: It is in the public interest that plumbing work is certifying as complying with AS/NZS 3500.2003 and Plumbing Code of Australia. 18. All building work must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant Construction Certificate or Complying Development Certificate was made). REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended.
Prior to release of Occupation Certificate / Prior to Operation 19. Prior to issue of an occupation certificate the building number must be displayed in a position clearly visible from the street in letters having a height of not less than 75 mm (3 inches). The number must be visible against the background on which it is placed. REASON: It is in the public interest that the building/property be easily identifiable. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 20. All retaining walls shown on the approved plans shall be completed prior to the issue of a Final Occupation Certificate. REASON: It is in the public interest to ensure that all required and approved works are completed prior to occupation of the development. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 21. The impervious area of the lot that is included in the 80% impervious ratio, shall be made impervious through compaction of the gravel sub-surface, if not through the use of a concrete slab. A compaction report shall be provided to Council prior to the issue of an occupation certificate demonstrating the area has permeability no greater than 1 x 10-7 m/s. REASON: To reduce infiltration in accordance with the 20:80 plan for the Lloyd Urban Release Area. Section 79C(1)(b) and (c) of the Environmental Planning and Assessment Act 1979, as amended. 22. An Occupation Certificate, must be obtained pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, from either Council or an accredited certifying authority, prior to occupation of the building. In order to obtain this, the “Final Occupation Certificate” form must be completed and submitted to Council with all required attachments - failure to submit the completed Occupation Certificate Application form will result in an inability for Council to book and subsequently undertake Occupation Certificate inspection. NOTE: The issuing of an Occupation Certificate does not necessarily indicate that all conditions of development consent have been complied with. The applicant is responsible for ensuring that all conditions of development consent are complied with. REASON: It is in the public interest that an Occupation Certificate be issued prior to occupation of the building. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 23. A final inspection must be carried out upon completion of plumbing and drainage work and prior to occupation of the development, prior to the issuing of a final plumbing certificate Council must be in possession of Notice of Works, Certificate of Compliance and Works as Executed Diagrams for the works. The works as Executed Diagram must be submitted in electronic format in either AutoCAD or PDF file in accordance with Council requirements. All plumbing and drainage work must be carried out by a licensed plumber and drainer and to the requirements of the Plumbing and Drainage Act 2011. NOTE: Additional fees for inspections at the Plumbing Interim Occupancy / Plumbing Occupation stage may apply. This will depend on the number of inspections completed at this stage of the work/s. REASON: To ensure compliance with the relevant provisions of the Plumbing and Drainage Act 2011 and Regulations. 24. Prior to the issue of an Occupation Certificate a Water Plumbing Certificate from Riverina Water County Council shall be submitted to Council. NOTE 1: The applicant is to obtain a Plumbing Permit from Riverina Water County Council before any water supply/plumbing works commence and a Compliance Certificate upon completion of the works. Contact Riverina Water County Council’s Plumbing Inspector on 6922 0618. Please be prepared to quote your Construction Certificate number. REASON: To ensure that the water servicing requirements of the development have been approved by the relevant authority. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 25. The commitments listed in any relevant BASIX Certificate for this development must be fulfilled in accordance with the BASIX Certificate Report, Development Consent and the approved plans and specifications. REASON: To ensure the development complies with the requirements imposed under Clause 97A of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A (11) of the Environmental Planning and Assessment Act 1979, as amended. General 26. All gardens and landscaping are to be constructed and maintained in accordance with the landscaping and garden design guidelines approved as part of the development consent for this allotment. NOTE: A ‘restriction as to user’ pursuant to Sections 88B and 88E of the Conveyancing Act 1919, with Council listed as the authority empowered to uplift, is attached to every residential allotment in the Lloyd Urban Release Area including this restriction. REASON: To minimise the impacts of the development on salinity and to ensure that the development occurs in accordance with Wagga Wagga Development Control Plan 2010. Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979, as amended.
27. Any cat (Felis catus) living on this allotment and under the ownership or control of a resident of this allotment shall be controlled in such a way so as to prevent them to roam freely outdoors between sunset and sunrise. NOTE: A ‘restriction as to user’ pursuant to Sections 88B and 88E of the Conveyancing Act 1919, with Council listed as the authority empowered to uplift, is attached to every residential allotment in the Lloyd Urban Release Area including this restriction. REASON: To minimise the impacts of cats introduced by new residents on wildlife and to ensure that the development occurs in accordance with Wagga Wagga Development Control Plan 2010. Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979, as amended. 28. At all times all impervious areas included in the 20:80 ratio as approved in the development consent for this allotment, shall be drained to the piped stormwater drainage system. This requirement extends to but is not limited to, garden sheds, courtyards, patios and paved areas. REASON: To minimise the impacts of the development on salinity and to ensure that the development occurs in accordance with Wagga Wagga Development Control Plan 2010. Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979, as amended. 29. The residential allotment must be developed and maintained at all times after an Occupation Certificate is issued for all development on the land so that a pervious to impervious ratio for surface area treatments of 20:80 is maintained. The land area to be included in calculating the 20:80 ratio shall include the entire allotment and the area of the road reserve immediately adjacent to the allotment. The area of road reserve adjacent to the allotment to be included shall be measured as follows: The area of road reserve between a line drawn as a continuation of the side boundaries of the allotment (where they meet the front boundary) to the centreline of the road (being a line along the centre of the road equidistant from the front boundaries of the allotments adjacent to it). No area of road reserve shall be apportioned to more than one allotment for the purposes of this calculation. For corner allotments the road reserve to be included in calculations will extend around the corner. For the purposes of this condition, allotments that are further subdivided under a community title or strata subdivision arrangement, shall be calculated on the underlying Torrens Title allotment. The plans approved in the subdivision consent for this allotment that illustrate the land area calculation above are adopted for the purpose of interpreting this condition. Land area calculations for the purpose of this condition shall be in accordance with these plans. NOTE: A ‘restriction as to user’ pursuant to Sections 88B and 88E of the Conveyancing Act 1919, with Council listed as the authority empowered to uplift, is attached to every residential allotment in the Lloyd Urban Release Area including this restriction. REASON: To minimise the impacts of the development on salinity and to ensure that the development occurs in accordance with Wagga Wagga Development Control Plan 2010. Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979, as amended. 30. The owner or occupier shall not alter the existing impervious nature or the finished surface of the road reserve immediately adjacent to their allotment from their property boundary to the kerb of the road (being that area defined by the lateral extent of a line drawn as a continuation of the side boundaries of the allotment where they meet the front boundary) unless it is done in accordance with the standards set out in the ‘Road Reserve Treatment Standard’ and the approved Street Tree Masterplan. There shall be compliance at all times on all future owners with Council’s Policy 008 “Road Reserve Policy”, as amended from time to time, including acknowledgement and responsibility for the liability implications of using an approved finish on Council’s road reserve. All establishment and maintenance works of any alterations shall be at the cost of the land owner. NOTE: A ‘restriction as to user’ pursuant to Sections 88B and 88E of the Conveyancing Act 1919, with Council listed as the authority empowered to uplift, is attached to every residential allotment in the Lloyd Urban Release Area including this restriction. REASON: To minimise to impacts of the development on salinity and to ensure that the development occurs in accordance with Wagga Wagga Development Control Plan 2010. Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979, as amended. 31. The Road Reserve shall be maintained in accordance with the ‘Road Reserve Treatment Standard’ document approved as part of the subdivision consent for this allotment. REASON: To minimise the impacts of the development on salinity and to ensure that the development occurs in accordance with Wagga Wagga Development Control Plan 2010. Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979, as amended. 32. No fixed irrigation systems are to be installed between the building line and the road alignment. NOTE: A ‘restriction as to user’ pursuant to Sections 88B and 88E of the Conveyancing Act 1919, with Council listed as the authority empowered to uplift, is attached to every residential allotment in the Lloyd Urban Release Area including this restriction. REASON: To minimise the impacts of the development on salinity and to ensure that the development occurs in accordance with Wagga Wagga Development Control Plan 2010. Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979, as amended.
33. No grey water reuse system shall be installed on any dwelling erected in this subdivision. NOTE: A ‘restriction as to user’ pursuant to Sections 88B and 88E of the Conveyancing Act 1919, with Council listed as the authority empowered to uplift, is attached to every residential allotment in the Lloyd Urban Release Area including this restriction. REASON: To minimise the impacts of the development on salinity and to ensure that the development occurs in accordance with Wagga Wagga Development Control Plan 2010. Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979, as amended. 34. The dwelling shall have a minimum 5000L rainwater tank and all dwellings in dual occupancy or multi-dwelling developments constructed shall have a minimum 2000L rainwater tank to collect and detain roofwater. All excess rainwater shall be disposed of via Council‘s stormwater system. The rainwater tank shall be connected to a minimum of one toilet and the cold water tap of clothes washer in the laundry. NOTE: A “restriction as to user” pursuant to Sections 88B and 88E of the Conveyancing Act 1919, with Council listed as the authority empowered to uplift, is attached to every residential allotment in the Lloyd Urban Release Area including this restriction. REASON: To minimise the impacts of the development on salinity and to ensure that the development occurs in accordance with Wagga Wagga Development Control Plan 2010. Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979, as amended. 35. All Developments within the Lloyd Master Plan Area shall comply with the requirements of the Wagga Wagga Development Control Plan Section 15 -Lloyd Urban Release Area 2010. REASON: To ensure that the development occurs in accordance with Wagga Wagga Development Control Plan 2010. Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, as amended. 36. (1) For the purposes of Section 80A (11) of the Environmental Planning and Assessment Act 1979, it is a prescribed condition of the development consent that if the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense: (a) protect and support the adjoining premises from possible damage from the excavation, and (b) where necessary, underpin the adjoining premises to prevent any such damage. (2) The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying. REASON: To ensure the development complies with the requirements imposed under Clause 98E of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A (11) of the Environmental Planning and Assessment Act 1979, as amended. Activity Approval Conditions (Section 68) 37. The plumbing work/s listed must be inspected as indicated below in accordance with AS/NZS 3500 and Plumbing Code of Australia.
REASON: It is in the public interest that plumbing work is certifying as complying with AS/NZS 3500.2003 and Plumbing Code of Australia. 38. At all times all impervious areas included in the 20:80 ratio as approved in the development consent for this allotment, shall be drained to the piped stormwater drainage system. This requirement extends to but is not limited to, garden sheds, courtyards, patios and paved areas. REASON: Due to the environmental sensitivity of the Lloyd urban release area. It is in the public interest to ensure that plumbing and drainage works are carried out in accordance with AS 3500 and the relevant provisions of the Plumbing Code of Australia. 39. Sewerage and stormwater drainage work must comply with AS3500 and the Plumbing Code of Australia except where otherwise provided in the Local Government Act 1993 or the Local Government (General) Regulation 2005. In this regard, it may be necessary for you to contact a Licensed Plumber and Drainer. A copy of the document entitled - Contractor’s Copy shall be provided to the nominated plumbing contractor prior to the commencement of works. REASON: To ensure the activity approval complies with the requirements of Section 98 of the Local Government Act 1993 and Clause 16A of the Local Government (General) Regulation 2005. 40. Council requires a “Certificate of Compliance”, “Works as Executed Diagram” and “Notice of Works” to be submitted and approved by Council prior to the issue of a Final Plumbing Certificate. The Works as Executed Diagram must be submitted in electronic format in either AutoCAD or PDF File in accordance with Council/NSW Fair Trading requirements. REASON: To ensure compliance with the relevant provisions of the Plumbing and Drainage Act 2011 and Regulations. RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993
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On the Motion of Councillors A Brown and G Hiscock That CR-1, CR-2, RP-1, RP-4, RP-6 and M-1 be adopted as recommended in the business papers. |
COUNCILLOR REPORT
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On the Motion of Councillors A Brown and G Hiscock That Council receive and note the report. |
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CR-2 iVOTE PROJECT TO ALLOW ELECTRONIC VOTING FOR COUNCIL ELECTIONS |
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On the Motion of Councillors A Brown and G Hiscock That Council assist in allowing electors to vote with the iVote system rather than current postal method by writing to the Minister of Local Government, the Hon Paul Toole MP, to support this initiative. |
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CR-3 PROPOSED AMENDMENTS TO REVENUE AND PRICING POLICY 2016/2017 AND POL 041 ACTIVITIES ON FOOTPATH POLICY |
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Councillor K Poynter declared a Pecuniary Interest and vacated the chamber, the time being 6:09pm. |
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A Motion was moved by Councillor P Funnell and D Tout
That Council include formal consideration of the following proposed amendments to the “Revenue and Pricing Policy 2016/2017” and ‘’Activities on Footpath Policy (POL 041)’’ prior to placing these documents on public exhibition and inviting public comment as part of and along with the 2016/17 Draft Operational Plan:
a Amend – Revenue and Pricing Policy 2016/2017 Section-Planning and Regulatory Services: Ranger Services
i) Item 143 - Street Furniture CBD Fee - per chair - No Charge ii) Item 144 - Street Furniture Application Fee – CBD - $99.00 inc GST iii) Item 145 - Street Furniture - Outside CBD Application Fee - $49.50 inc GST iv) Item 146 - Street Furniture - Outside CBD per chair - No Charge v) No Charges to be applied to “A’’ Frames when associated/included with street furniture applications b Amend – Activities on Footpath Policy POL 041 Part 2: Alfresco Dining (refer attachment 4)
i) Section 2.3; Increase agreement to 5 years Make agreements transferrable ii) Section 2.14; Remove 10% advertising limit iii) Section 2.15; Remove 10% advertising limit Part 3: Display of Advertising Billboards (refer attachment 4)
iv) Make it permissible to incorporate “A’’ frames to be included in Street Furniture application. i.e. a single combined application subject to street furniture application fees and charges only c Part 6: Add new paragraph – 6.3 Application for Variation to Policy Conditions:
Application for a variation to policy conditions may be applied for. These applications would be assessed on merit and an individual basis, and is subject to extenuating circumstances. d These amendments would take effect for existing agreements as they fall due. Amendments will be effective from 1 July 2016 for new applications. These changes will not be retrospective
An AMENDMENT was moved by Councillor G Conkey OAM and seconded by Councillor A Brown
That Council request a report on abolishing fees regarding alfresco dining.
The AMENDMENT on being put to the meeting was LOST.
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On the Motion of Councillors P Funnell and D Tout That Council include formal consideration of the following proposed amendments to the “Revenue and Pricing Policy 2016/2017” and ‘’Activities on Footpath Policy (POL 041)’’ prior to placing these documents on public exhibition and inviting public comment as part of and along with the 2016/17 Draft Operational Plan: a Amend – Revenue and Pricing Policy 2016/2017 Section-Planning and Regulatory Services: Ranger Services
i) Item 143 - Street Furniture CBD Fee - per chair - No Charge ii) Item 144 - Street Furniture Application Fee – CBD - $99.00 inc GST iii) Item 145 - Street Furniture - Outside CBD Application Fee - $49.50 inc GST iv) Item 146 - Street Furniture - Outside CBD per chair - No Charge v) No Charges to be applied to “A’’ Frames when associated/included with street furniture applications b Amend – Activities on Footpath Policy POL 041 Part 2: Alfresco Dining (refer attachment 4)
i) Section 2.3; Increase agreement to 5 years Make agreements transferrable ii) Section 2.14; Remove 10% advertising limit iii) Section 2.15; Remove 10% advertising limit Part 3: Display of Advertising Billboards (refer attachment 4)
iv) Make it permissible to incorporate “A’’ frames to be included in Street Furniture application. i.e. a single combined application subject to street furniture application fees and charges only c Part 6: Add new paragraph – 6.3 Application for Variation to Policy Conditions: Application for a variation to policy conditions may be applied for. These applications would be assessed on merit and an individual basis, and is subject to extenuating circumstances. d These amendments would take effect for existing agreements as they fall due. Amendments will be effective from 1 July 2016 for new applications. These changes will not be retrospective CARRIED |
Councillor K Poynter re-entered the chamber, the time being 6:42pm.
REPORTS FROM STAFF
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On the Motion of Councillors A Brown and G Hiscock That Council: a enter into a Memorandum of Understanding with Wagga Lake Run and Ride Incorporated to provide ongoing support of their event b allocate a $2,000 annual funding contribution to Wagga Lake Run and Ride for a period of five (5) years beginning in 2016/17 c note and approve the budget variation/s as detailed in the budget section of the report d authorise execution of all necessary documents under Council’s common seal as necessary |
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On the Motion of Councillors G Conkey OAM and K Pascoe That Council: a receive and note the report b note the three (3) submissions received during the public exhibition period c adopt the Playground Strategy 2016-2036 without any changes d note and approve the budget variation/s as detailed in the budget section of the report |
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RP-3 REPORT ON ITEMS FROM THE TRAFFIC COMMITTEE MEETING HELD 12 NOVEMBER 2015 |
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On the Motion of Councillors D Tout and K Pascoe That Council: a receive and note the contents of the report b approve the proposed funding source as detailed in the budget section of the report |
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On the Motion of Councillors A Brown and G Hiscock That Council staff arrange to meet the petitioners to discuss preparing a Character Statement for the Lindsay Street area and the potential for an amendment to the Development Control Plan. |
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On the Motion of Councillors P Funnell and G Hiscock That Council: a receive and note the request for additional funding from the Water for Lake Albert Group b endorse a budget variation of $13,923 to be funded from electricity savings that will be reported to Council at the March 2016 Policy and Strategy Committee Meeting |
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RP-6 RESTART NSW - REGIONAL TOURISM AND INFRASTRUCTURE FUND - ACCEPTANCE OF GRANT FUNDING FOR THE WAGGA WAGGA AIRPORT |
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On the Motion of Councillors A Brown and G Hiscock That Council: a receive and note this report b accept the NSW State Government offer of $4 million for funding the airport taxiway upgrade project under the Restart NSW Regional Tourism Infrastructure Fund c enter into a Restart NSW Funding Deed d authorise the affixing of Council’s Common Seal to all relevant documents as required |
COMMITTEE MINUTES
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On the Motion of Councillors A Brown and G Hiscock That the Council receive and note the minutes of the Audit and Risk Committee Meeting held on 3 December 2015 and endorse the recommendations contained therein.
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closed COUNCIL
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On the Motion of Councillors P Funnell and A Negline That the Council now resolve itself into a Closed Council, the time being 7.05pm. |
AT THIS STAGE OF THE MEETING THE PRESS AND PUBLIC GALLERY RETIRED FROM THE COUNCIL MEETING.
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On the Motion of Councillors G Hiscock and G Conkey OAM That CONF-1 and CONF-3 be adopted as recommended in the business papers. |
CONFIDENTIAL REPORTS
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On the Motion of Councillors G Hiscock and G Conkey OAM That Council: a accept the application of the recommended artist in the report for the Tolland NeighbourhoodWorks commission b authorise the General Manager or his delegate to enter into a contract with recommended artist for the Tolland NeighbourhoodWorks commission c authorise the affixing of Council’s Common Seal to all relevant documents as required d advise the unsuccessful expression of interest applicants in writing |
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On the Motion of Councillors K Poynter and G Conkey OAM That Council: a appoint the persons recommended in the report for the BrightLights 2016 Projection workshop series and Commission b authorise the affixing of Council’s Common Seal to all relevant documents as required c advise the unsuccesful expression of interest applicants in writing |
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CONF-3 PROPOSED CREATION OF AN ESSENTIAL ENERGY EASEMENT OVER LOT 72 DP 1111930 AT MANGOPLAH |
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On the Motion of Councillors G Hiscock and G Conkey OAM That Council: a agree to the creation of an Essential Energy electricity easement over Lot 72 DP 1111930 at Mangoplah b pay compensation of $5,000 (excluding GST) to the owner of Lot 72 DP 1111930 c authorise execution of all necessary documents under Council’s common seal as necessary
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CONF-4 PROPOSED ACQUISTION OF PART LOT 3 DP 788426 AT BOMEN FOR ROAD PURPOSES |
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On the Motion of Councillors P Funnell and A Brown That Council: a delegate authority to the General Manager to acquire the land described as part Lot 3 DP 788426 through: i agreement with each interest holder on terms to be negotiated by the General Manager, or ii proceed with the compulsory acquisition of the land described as part Lot 3 DP 788426 at Bomen for the purpose of the Roads Act 1993 in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991 b if acquiring through a process of compulsory acquisition of the land described as part Lot 3 DP 788426 at Bomen for the purpose of the Roads Act 1993 in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991: i make application to the Minister and the Governor for approval to acquire part Lot 3 DP 788426 by compulsory process under section 177 (2) (b) of the Roads Act ii take each further step as is necessary to obtain approval from the Minister, the Governor or any public authority as may be necessary, and take all actions as may be necessary, to give notices and otherwise carry out the acquisition by means of compulsory acquisition iii following receipt of the Governor’s approval, give effect to the acquisition by publication of an Acquisition Notice in the NSW Government Gazette and such other publication as may be required by law iv pay compensation to all interest holders entitled to compensation by virtue of the compulsory acquisition on the terms set out in the Land Acquisition (Just Terms Compensation) Act 1991 v authorise the General Manager to complete and execute all documentation necessary to finalise and bring into force Council’s acquisition of the property, and if necessary to fix the Common Seal to the application to the Minister, the Governor, the Registrar General or any public authority for the compulsory acquisition as necessary c agree that part Lot 3 DP 788426 be dedicated as a road following gazettal of the acquisition d authorise the affixing of Council’s Common Seal to all relevant documents as required e note and approve the budget variation/s as detailed in the budget section of the report |
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On the Motion of Councillors D Tout and K Pascoe That Council receive and note the report. |
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On the Motion of Councillors D Tout and P Funnell That Council: a accept the tenders for the Project Advisory Services in accordance with the submitted tenders and the list contained within the body of the report with the exception of the sixth named company in the table b authorise the General Manager or his Delegate to enter into a contract with each of the successful tenderers c authorise the General Manager or his Delegate to extend the contracts for 2 x 12 month periods as allowed for in the contracts d authorise the affixing of Council’s Common Seal to all relevant documents as required
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Reversion to open COUNCIL
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On the Motion of Councillors K Poynter and A Brown That this meeting of the Closed Council revert to an open meeting of the Council, the time being 7.51pm. |
report of proceedings of closed COUNCIL
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On the Motion of Councillors P Funnell and A Brown That the recommendations contained in the report of the proceedings of the Closed Council be adopted. |
QUESTIONS/BUSINESS WITH NOTICE
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The following Questions with Notice were raised to be addressed in the next available Business Paper:
1. Councillor G Conkey OAM requested if the system used to project onto Council’s building be utilised for events such as the Food and Wine Festival and Twilight by the Lagoon.
2. Councillor P Funnell requested an update on line marking changes leading up to roundabouts recommended by the Traffic Committee ie Morgan Street.
The following Questions with Notice were raised to be addressed out of session:
1. Councillor G Conkey OAM requested further information regarding the solar farm in Moree.
The following Questions with Notice were raised and responded to at the meeting:
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THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 8.09pm.
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MAYOR