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THE COUNCIL OF THE SHIRE OF COOL

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					 THE COUNCIL OF THE SHIRE OF COOLAMON



       SPECIAL MEETING

Councillors are advised that a Special Meeting of Council will be held in
the Council Chambers, Coolamon on Tuesday, 6th November, 2007 at
10.00am.



BUSINESS:

1)    Apologies

2)    Development Application 34/2007 – Lot 1, Section 17, DP. 758277
      & Lot 1, DP. 650254 – Supermarket Development (PF1364/1).




Shire Hall,                                   Terrey Kiss,
COOLAMON NSW 2701                             GENERAL MANAGER

6th November, 2007.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


1)        APOLOGIES.


2)        DEVELOPMENT APPLICATION 34/2007 – LOT 1, SECTION 17, DP.
          758277 AND LOT 1, DP. 650254 – SUPERMARKET DEVELOPMENT (PF
          1364/1)

          1)         BACKGROUND

                     Council received the abovementioned Development Application for a new
                     Retail Supermarket on 20th August, 2007. This is a stand alone
                     supermarket with no specialty shops.

                    In accordance with Council Policy this application was notified to
                     surrounding Landowners and advertised in the local newspaper for a period
                     of 21 days. As a result of this advertisement, 17 submissions and 1 petition
                     signed by 310 people were received. 16 submissions objected to the
                     development and one was in support of the proposal. Each submission has
                     been provided in full under (Attachment 1). A summary of all concerns
                     raised will be provided later in this report – (Section 6).

                    Council then undertook a preliminary report to be sent away for an
                     Independent Review. This report was a detailed assessment including draft
                     conditions of consent. A copy has been provided in (Attachment 2) to this
                     report.

                     Council undertook to have Peer Review of this report because it was acting
                     as both the Landowner and Approval Authority in this instance. The Peer
                     Review was carried out by

                            W A Henningham, (Henningham Law – Solicitors Mediators – Local
                             Government and Planning Law) (PSM LLB (Syd) ); and
                            James Colman (Consultant Planner) (FPIA; FRAIA; MISoCaRP).

                    Both these individuals have a wealth of experience in their respective fields.
                     A copy of their report has been included as (Attachment 3) to this report
                     and a summary in Section 7.

                    As a result of this review and the objections raised Council sought
                     additional information from the applicant and comment from Councils
                     Heritage Advisor. A copy of these documents – Heritage Assessment from
                     David Scobie (Attachment 4) and Economic Impact Assessment
                     (Attachment 5) from Urbanesque Planning Pty Ltd have been provided.




This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     Upon receipt of this additional information an advertisement was placed in
                     the Local Newspapers and on Council's website, advising that it was
                     available to the Community for information. All original submissions
                     received a copy by mail.

                    Since this time Council has received further comments from the
                     Community. They have been provided as (Attachment 6) to this report.
                     This additional information was received by Council on the 16th October,
                     2007, which did not allow adequate time for a report to be collated and
                     provided to Councillors prior to the meeting on the 18th October, 2007. A
                     late report was provided to Councils October meeting indicating that
                     relevant information had been provided and that Council may wish to hold a
                     Special Meeting to determine this Application. At this Council meeting it
                     was resolved that the Special Meeting being held now would deal with the
                     matter of DA 34/2007 – Proposed Retail Supermarket.


          2)         PROPOSED ACTIVITY & LAND STATUS

                    The Application before Council consists of a 950 square metre retail
                     Supermarket to be located on a 4632 square metre block of land. The
                     Applicant has provided a site plan, landscape detail, parking provisions and
                     a floor plan of the internal layout. The elevations show 6 metre high precast
                     concrete panels with a verandah along the southern and eastern elevation.
                     There are smaller attached buildings associated with plant infrastructure and
                     waste disposal. A copy of the plans and Statement of Environmental Effects
                     are provided as (Attachment 7).

                    The subject land is legally described as Lot 1 Section 17 DP 758277 and Lot
                     1 DP 650254. This land is bounded by Mann Street to the south and Crown
                     Land under lease to Council for the purpose of recreation (pool and parks)
                     to the west. On the east it is bounded by Crown Land with the road
                     pavement extending Bruce Street to meet Mann Street. The northern
                     boundary is the remaining land that houses the previous bowling club with
                     Council‟s caravan park further to the north. Plans showing the location of
                     the proposal in the context of the surrounding land is provided as
                     (Attachment 8).

                     Currently the land is owned by Coolamon Shire Council and is presently
                     under contract for sale to Fingrowth Property Group. The land is subject to
                     Development Approval 51/2006 (Subdivision 14/2006). This consent
                     proposes to subdivide the land along the property lines shown in this
                     development proposal.




This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     This land was purchased by Council from the Coolamon Bowling Club in
                     November, 2006. The process undertaken was a purchase by public tender
                     and Council utilised a valuation done by Bolton Connolly, Land Valuers,
                     Wagga Wagga. Council's motives in purchasing the land were to allow for
                     redevelopment of that part of the town which currently contains the
                     swimming pool, caravan park and Redgrave Park, all of which were
                     considered to need redevelopment.

                     Following the purchase of the property Council received an approach from
                     Fingrowth Property Group who had been referred to Council by Coolamon
                     District Real Estate. They indicated a desire to purchase a portion of the
                     former Bowling Club site and a desire to proceed with the development
                     under consideration. Council agreed to the sale and for the application to be
                     submitted for public assessment in accordance with the Environmental
                     Planning & Assessment Act (EPA Act 1979). The land purchased by
                     Fingrowth was approximately 50% of the total holdings which allowed
                     Council the remaining land, together with the Clubhouse, for redevelopment
                     works at the swimming pool, caravan park and Redgrave Park.


          3)         PLANNING LEGISLATION

          3.1)       Environmental Planning & Assessment Act

                     In accordance with the requirements of Section 79C Council, as part of the
                     assessment process is required to consider:

                             Any relevant planning legislation.
                             The likely impacts of the development, including environmental
                              impact on both the natural and built environments and social and
                              economic impacts in the locality,
                             Suitability of the site for the development.
                             Any submissions made in accordance with the Act or the Regulation.
                             Public interest.

                     State Environmental Planning Policy (SEPP) 11 - Traffic Generating
                     Developments was considered as part of this assessment. Clause 7 of SEPP
                     11 requires that Development Applications must be referred to the Traffic
                     Authority if the proposal is for the purpose set out in Schedule 1. This
                     activity is less than 2000sqm and therefore does not meet the requirements
                     of Schedule 1. The proposal does meet the standards set out in Schedule 2,
                     however, it is further than 90 metres from a defined arterial road. Therefore
                     SEPP 11 does not apply to the application.




This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     Notwithstanding the above, Council has still consulted with the Roads &
                     Traffic Authority for their comment.

                     One submission received indicated that Council should consider the NSW
                     Planning Policy, "The Right Place for Business and Services". It is noted
                     that there is no legal requirements to enforce the standards but
                     notwithstanding Council can consider its implications.

          3.2)       Coolamon Shire Planning Policies

                     In accordance with the Coolamon Shire Council Local Environmental Plan
                     (LEP) 1995, this land is zoned 2(V) and the proposal is not prohibited
                     development. Therefore subject to Council assessment the activity is
                     permitted. The application before Council is not a designated nor integrated
                     development in accordance with the EP&A Act 1979. The land is not flood
                     liable nor located within a heritage conservation area.

                     In accordance with Council's Development Control Plan (DCP), Section 3
                     relates to Business Development. In particular Clause 3.3 indicates shops
                     are only permitted in the 2(V) Village zone and then goes on to state that
                     “New shops will generally be required to locate within existing business
                     precincts, however, applications outside these areas will be considered on
                     individual merits, having regard to such factors as the likely impact on
                     surrounding residential areas, traffic generation, and the particular
                     location and site requirements of the proposal”.

                     There is no clear definition of the Coolamon business precinct so for the
                     purpose of this assessment the precinct is considered to be the area on
                     Cowabbie Street between Mann and Loughnan Street. This assessment has
                     been carried out as if the proposal is outside this assumed business precinct.

                     In order to avoid confusion it is thought appropriate to indicate the
                     difference between the business precinct (Cowabbie Street precinct) and the
                     locality of the area as required in Clause 79C of the EP&A Act and
                     discussed later in the report. The locality for the requirement of service
                     provisions is considered to be the township of Coolamon.

                     The land is not located within the area defined in Council's Section 94
                     Contribution Plan, however, Council does have the ability under the
                     definition of traffic generating developments to determine a contribution to
                     be paid to Council for the upkeep and maintenance of roads.

                     Any building is required to meet the structural and safety standards of the
                     Building Code of Australia and similarly any food premises must meet the



This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     Food Safety Standards of the Food Act. Any approval could be conditioned
                     to ensure that these standards would be met.

                     Therefore the legislation does not preclude Council from continuing with
                     the assessment of the proposal.


          4)         ASSESSMENT OF IMPACT

          4.1)       Amenity

                     The surrounding land is predominately public recreation, whilst there is
                     currently some industrial activities to the east and south. The nearest
                     residential dwelling is approximately 100 metres away on Methul Street.
                     These properties will overlook the pool before seeing the supermarket walls.

                     Any potential overshadowing from the building will be onto the carparking
                     and loading areas associated with this development and will not affect
                     neighbouring properties.

                     The Statement of Environmental Effects has indicated that the proposed
                     opening times for the Supermarket will be from 8.00am until 8.00pm, seven
                     days per week. The location of the Supermarket will have no surrounding
                     dwellings in the immediate vicinity and these operating hours will create
                     minimal impact on the surrounding amenity. It would be thought
                     appropriate to permit opening hours earlier to allow flexible shopping
                     opportunities prior to work commitments. The hours could extend to
                     7.00am in the morning.

                     The most obvious visual impact from this development will be along the
                     eastern and southern elevations. From the southern side, buildings such as
                     the Railway Station, Coolamon Hotel and some residents will look onto the
                     subject land. The 6 metre high frontage will have a minor impact on the
                     visual amenity from Wade Street, because this view is over a railway line
                     and in some cases past the existing grain silos. Accordingly, the building
                     has been set back along the northern boundary as far as possible to allow for
                     adequate landscaping and this elevation has already been broken up by a
                     verandah. Similarly the eastern elevation has been setback to miss the
                     existing sewerage, power and water easement and also has been provided
                     with a verandah to break up the elevation.

                     Notwithstanding the minor impact to residential properties, the signage and
                     advertising associated with the development will need to be considered. As
                     previously mentioned this is not within Council‟s Heritage Precinct but the
                     township of Coolamon has developed a theme of heritage style signage to


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     compliment the existing town. Any vehicles travelling along Wade Street
                     would, for example, be distracted by any large flashing neon signs. This
                     would be considered unacceptable and therefore full details of any signage
                     should be submitted to and approved by Council prior to their erection. The
                     upper external glass panels on the south elevation are to remain clear of
                     signs and advertising banners, however, panels may be suspended internally.

                     The issue relating to the northern boundary wall has been raised by both the
                     independent review and Council‟s Heritage Officer. Council acknowledges
                     that a six metre high wall located along the northern boundary will be
                     imposing. Council has two options to rectify this matter.

                      Set the wall back from the boundary then provide landscaping.
                      Leave the wall on the boundary and undertake screen planting on the
                       neighbouring property.

                     Council currently owns the land to the north of this development and is yet
                     to determine any future use. Council considerations have been for an
                     extension of the caravan park or use of the building for alternative purposes.
                     Should Council consider the option of leaving the wall on the boundary then
                     the landscaping can be undertaken by the applicant but the long term care
                     and control would then be the responsibility of the Council and any future
                     owner. It would then become the interest of the landowner to ensure that
                     this screening is maintained.

                     Should Council decide to setback the building from the rear boundary then
                     the issue of maintaining the setbacks and carparking spaces at the front of
                     the building would be reduced. This would limit the rear setback to
                     between 1 and 2 metres. This would create an area that would allow for
                     landscaping and recesses to be provided but not reduce the height of the
                     wall. Historically these areas tend to become unkept, harbourage to vermin
                     and potential security risks, being at the back of the development the owner
                     will not give as much attention as the front.

                     It is thought that the wall should be located on the boundary with
                     appropriate landscaping to soften the site. It must be accepted that with any
                     commercial building there will always be a rear wall. In this instance the
                     most visible areas being that fronting Mann Street and Bruce Street have
                     been appropriately landscaped and architecturally designed. Council may
                     consider requiring additional features along this wall to help break up its
                     appearance.

                     The facility will operate air conditioners/compressors/fridges/freezers etc.
                     These will be located within buildings that have sound suppression



This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     qualities. The lack of residential neighbours will mean that they have
                     minimal impact.

                     There may be some noise and dust associated with construction but the
                     limitation of building hours together with conditions requiring dust
                     suppression will ensure these problems can be overcome.

                     Because of its location there will be minimal impact on residential
                     properties. This potential impact can be further reduced by conditions of
                     consent.

          4.2)       Economic Considerations

                    In 2006 Council undertook preparation of an economic development plan
                     entitled „Coolamon – The Town Beyond 2006‟. A copy is tabled for
                     Council information).    The plan was developed by the Coolamon
                     Commercial Development Committee (Section 355 Committee of Council
                     comprising business proprietors from the Coolamon Township), which
                     engaged an external consultant who carried out a series of public meetings
                     to produce the document.

                     From this process a strategic plan was developed that amongst other
                     objectives was „to develop opportunities for business sustainability, growth
                     and attraction‟. One of the rationales behind this was to increase capture of
                     local household expenditure. Section 2.4(d) of this study spoke of “the
                     retail leakage from Coolamon … develop an action plan to reverse the
                     identified leakage and to take advantage of identified opportunities.”

                     The report by Urbanesque Planning has identified that a high proportion of
                     locals conduct their grocery shopping in Wagga. Foodworks research has
                     indicated that the existing supermarket has a market share of approximately
                     25% of the weekly household expenditure. This equates to a 75%
                     ($162,720) "leakage" from the Coolamon catchment. This Development
                     Application is marketing to that portion of shoppers and therefore is
                     meeting the objectives set out in the Strategic Study adopted by Council.

                     It can be positively argued that the cessation of retail leakage would enhance
                     the business opportunities for the existing precinct. It would lead to more
                     people doing their principal shopping in Coolamon thus increasing
                     patronage to other shops.

                    Similarly when Council commenced the consultation process for the
                     development of a new Local Environmental Plan, meetings were held with
                     the residents of Coolamon to discuss their ideas in order to develop a
                     Strategic Plan for the town. This Strategic Plan has since been prepared and


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     provided to the Department of Planning for comment. A copy has been
                     tabled for this meeting.

                     This report talks about the need to strengthen Coolamon as the primary
                     urban centre in the Shire and to encourage more efficient and intensive use
                     of vacant and under utilized urban land. Council objectives were to
                     promote the town centre as the Shires principle community for business and
                     to be the priority location for commercial, industrial and civic development.

                     The opportunity for this type of development in the Cowabbie Street
                     precinct is limited. The required floor space and carparking, together with
                     the desire to maintain the heritage buildings and aspect is the basis for this
                     limitation.

                     Council however must ensure that the future development of Coolamon is
                     not restricted by its heritage significance. For this reason there will always
                     be an ongoing balance between conservation and progress in the Coolamon
                     Shire.

                     Council should consider the concept of keeping all business within the
                     existing Cowabbie Street precinct and weigh this up against the need for
                     Coolamon to grow through new business opportunities. The fact that the
                     supermarket has no specialty shops available for lease and that it is located
                     on the northern side of the railway line, 200 metres from Cowabbie Street
                     will mean that it is close enough to remain in contact with the Cowabbie
                     Street precinct. People undertaking all their shopping needs will still be
                     required to visit other shops within the Cowabbie Street precinct.

                     An analysis of Coolamon's current commercial activities would indicate that
                     there is already a significant number of enterprises operating outside the
                     Cowabbie Street precinct. In particular, reference is made to hairdressers,
                     mechanical workshops, steelworks, steel fabrications, retail hardware,
                     agricultural supplies, service stations, bed and breakfasts and hotels. A
                     number of these are in competition with activities within that existing
                     precinct.

                     The Coolamon township has a role in the retail hierarchy. It will always
                     struggle with competition from Wagga Wagga for large shopping needs but
                     as a 2nd tier centre Coolamon township will attract shoppers. This locality
                     of Coolamon is not defined as the Cowabbie Street precinct and should and
                     does include land outside the main street. Any development outside this
                     area must however, be assessed to ensure it does not detrimentally affect the
                     main street.




This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     The main principles that Council should consider when assessing economic
                     impact are:

                      The mere threat of competition between commercial interests is not a
                       planning consideration.

                      The threat to the shopping facilities/precincts presently enjoyed by a
                       community is a relevant planning consideration.

                      The relevant „locality‟ must be determined.

                     These principles can be summarized by Council noting that if the proposal
                     threatens the viability of a particular enterprise, that in itself is not a relevant
                     consideration. However if Council were to consider that the proposal were
                     to affect the viability of an entire shopping precinct which is presently
                     enjoyed by the community and the new facility does not replace those
                     services then it is an impact that the Council should consider.

                     The proposal before Council is a standard supermarket providing the normal
                     range of services that would be expected of such a facility. The supermarket
                     does not provide for any specialty shops and is therefore a stand alone
                     business. Customers who attend this shop will be drawn to the complex for
                     grocery shopping only. This should ensure that specialty shops such as
                     chemist, fast food, newsagent, hairdressers etc will still be operating from
                     within the Cowabbie Street precinct.

                     There is currently no obvious economic link or dependency between the
                     existing specialty shops and the existing supermarket other than being
                     located in Cowabbie Street. As discussed the relevant locality in this
                     instance would be defined as the Coolamon Township in particular, but the
                     catchment would include surrounding rural areas and smaller townships (a
                     population of 3588, report by Urbanesque Planning 2007). This is
                     considered the drawing power for most commercial enterprise in Coolamon.
                     The study presented by the applicant and verified by Urbanesque Planners
                     indicates that there is significant spare capacity in the retail grocery market.
                     This spare capacity is obviously utilizing the Wagga market and this leakage
                     has been verified on a number of occasions and identified in Council‟s
                     documents as referred to earlier. I reiterate that these documents had as
                     their base, meetings with the commercial operators in the Cowabbie Street
                     precinct. It is also noted that over the years the Coolamon township which
                     is part of the previously defined locality has undertaken significant growth
                     and the township is currently at a population of 1630 (extracted from 2006
                     census) which is indicative of a constant and steady pattern of growth over a
                     number of years.



This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     Two supermarkets competing with each other and providing a retail choice
                     will anchor the commercial activities in town and certainly reduce the
                     external leakage. This proposal offers the customer retail choices and does
                     not weaken the existing commercial operation but rather strengthens its
                     drawing power having regard to the already identified leakage.

                     Connectivity to Cowabbie Street

                     The Cowabbie Street business precinct is considered the main street of
                     Coolamon with Council undertaking considerable financial expenditure to
                     ensure this area reflects its status. The importance of a robust and thriving
                     main street is important to the continuing development of the Coolamon
                     town. The issue of competition is different to the issue of connectivity. The
                     provision of easy pedestrian access between the proposal and the main street
                     should assist the connectivity of this proposal to the existing main street.

                     The proposed development is approximately 200 metres to the east of
                     Cowabbie Street and is within easy walking distance from the main street.
                     The footpaths leading to and from this development will need to be
                     upgraded to reflect this need.

                     Similarly, the development needs to be physically linked by pedestrian
                     access to Bruce Street to ensure safety by users accessing from the north.

                     In summary there is a view that the Cowabbie Street precinct between
                     Loughnan and Mann Street should be seen as the sole commercial hub of
                     the town. That view point is flawed as it effectively means that Coolamon
                     will be closed for future commercial development. It should also be noted
                     that currently there are significant commercial developments outside that
                     particular strip and in a number of instances these businesses do compete
                     vigorously with business in Cowabbie Street. This application does not set
                     a precedent.

                     Whilst it is desirable that the Cowabbie Street area be retained as the
                     heritage business district, there is nothing in Council‟s planning strategies
                     that indicates that commercial development should be limited to that
                     Cowabbie Street strip. Council must focus on not only the development of
                     that strip as a primary source of commercial activity but also ensure that
                     nearby areas are also suitably developed for commercial activities without
                     detrimentally affecting it.

                     The lack of any specialty shops located in this development and its
                     proximity to the main street will ensure that the Cowabbie Street precinct
                     will not be unduly affected.



This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


          4.3)       Landscaping

                     The building will be located on the northern side of the subject lot along the
                     boundary line. It will be setback 25.4 metres from Mann Street, 36 metres
                     from the eastern boundary and ranging from 12.5 metres to 14.3 metres
                     along the western boundary facing the pool.

                     Council needs to ensure that these areas, in particular the frontage and
                     surrounding carpark areas are softened by the provision of landscaping.
                     Council should consider this requirement with the need to ensure water
                     conservation principles are maintained. The design provided by the
                     applicant shows a water wise garden with tall deciduous trees within the
                     carpark.

                     There will be the removal of cedar trees throughout the property and along
                     the street verge and replaced with Claret Ashes . This is in keeping with
                     Council‟s policy of the slow removal of cedars because of their potential
                     liability issue due to seed dispersal. The trees along the eastern boundary
                     will be removed to construct the carpark. These are not natives and it is
                     accepted that they can be removed provided adequate mature trees are used
                     to replace them. The fact that the existing trees in this location are relatively
                     large and well established will mean that their replacement should be with
                     more mature trees.

                     The area to the west of the supermarket building will include staff parking
                     and be provided with medium height native shrubs. These medium shrubs
                     should grow to 2-3 metres in height and reduce the impact of the
                     supermarket wall from the pool. There is a 25 metre strip along this
                     boundary that only provides for a 1 metre wide garden. The pool side of
                     this boundary may be planted with native shrubs to help with this screening.
                     These natives would require less watering, however, it is imperative that all
                     landscaped areas are adequately watered to ensure their survival.

                     Across the front of Mann Street the cedar trees will also be removed and
                     replaced with claret ashes. Underneath the claret ash will be 50mm
                     decomposed granite. The trees would be provided with drip irrigation with
                     no watering of grass necessary on the footpath. At the boundary a low
                     maintenance bark chip garden will be provided and planted with assorted
                     low maintenance water wise plants. This garden will vary from 4 to 7
                     metres in width across the front and then planted into varying locations
                     throughout the car parking area using raised kerb with bark chip gardens and
                     claret ash trees.




This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     The wall on the northern boundary should be softened by the provision of
                     landscaping, namely pencil pines or similar passive root trees to avoid
                     footing damage.

                     The landscaping plan has been reviewed by Council's Parks Manager and he
                     has expressed satisfaction with the plan noting the provision of a water wise
                     drip irrigation system which means no excess water wastage or water
                     utilising spray irrigation. Furthermore the ratio of landscaping as a
                     percentage of site will soften the frontage and carpark area. The
                     landscaping encompasses approximately 17% of the entire site.


          5)         SUITABILITY OF SITE

          5.1)       Services/Infrastructure

                     Currently upon the lands stands the old bowling clubhouse, some small
                     associated sheds and carports and the bowling green. The land, excluding
                     the level bowling green, slopes marginally from the north down to Mann
                     Street in the south. An existing service easement runs through the property
                     which includes sewer, power, water and phone.

                     Any upgrade to the existing service requirements of this development would
                     be the responsibility of the applicant to comply with the relevant service
                     provider.

                     The street lighting currently available around Bruce and Mann Street is
                     minimal and that which is existing will need to be removed as part of this
                     development proposal. It is required that the applicant provide street
                     lighting to a P4 standard around this development. This can be conditioned
                     onto any consent and must be provided by the applicant.

                     The lighting required internal to the development for security and safe
                     movement has been indicated by the Heritage Advisor. He has indicated
                     that a „Thorn Avenue‟ style would be contemporary but reflect the town's
                     heritage style.

                     The existing buildings will be required to be demolished and this work must
                     be undertaken in accordance with any WorkCover requirements.

                     All surface and stormwater can be collected and diverted via internal
                     pipework to the existing kerb and gutter along Mann Street. The applicant
                     will need to ensure that this design is approved by an appropriately qualified
                     Hydraulic Engineer.



This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     The supermarket includes food preparation and will need to provide
                     adequate trade waste facilities to separate oils/fats/grease prior to entry into
                     the sewerage network.

          5.2)       Carparking

                     Council's DCP does not specify the parking requirements for such a
                     development, therefore Council should consider the standards set by the
                     RTA for retail development. In accordance with their policy, "Guide to
                     Traffic Generating developments", 6.1 car parking spaces should be
                     provided for every 100 metres squared of "gross leasable floor area" (retail
                     space). This equates to one space per 16.4m2 of retail space.

                     Whilst Council will consider the standards set by the RTA it has always
                     thought to be an onerous requirement when considering the population base
                     and traffic movement around Coolamon township. For this reason Council
                     has provided information to previous developments indicating that it is
                     satisfied with one parking space per 23m2 of retail space.

                     Using this standard would require a total of 42 car parking spaces for this
                     development. As can be seen the application before Council provides for 58
                     car parking spaces which is in excess of the standard required by Coolamon
                     Shire Council. Therefore the possibility exists for removal of some spaces
                     to gain better traffic management or landscape provisions.

                     The plan as provided meets the standards for internal vehicular movement
                     and the space provisions of AS 2890.

                     Parking has been provided for Staff with adequate access for delivery,
                     garbage disposal and plant maintenance.

                     In summary it is considered that there is adequate car parking provision and
                     the car parking to landscape ratio is acceptable. A more detailed assessment
                     of the landscaping has already been undertaken earlier in this report.

          5.3)       Traffic Management

                     The proposal as submitted will have three areas of access to the site, two
                     will be off Mann Street, and a right of way will extend from Bruce Street to
                     provide vehicular access from the north. This right of way will also be the
                     proposed access for heavy vehicles to the development.

                     The Statement of Environmental Effects indicates that there will be on
                     average two articulated vehicles (semi trailer not B-Double) per week
                     between the hours of 4.00pm-6.00pm. This will require the semi trailer to


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     enter via the right of way off Bruce Street along the eastern boundary of the
                     property and reverse into the loading dock.

                     Due to heavy vehicular access travelling past the School and Preschool, it is
                     thought appropriate to condition that no large vehicular deliveries be
                     conducted during School hours.

                     The applicant has provided a Traffic Management Plan that relates solely to
                     Mann Street and a right of way connection to Bruce Street. There is no
                     physical link to Bruce Street as it runs along the eastern boundary and as a
                     result there is conflict at Mann Street and within the eastern side of the car
                     park. It would be preferable for the proposal to utilize Bruce Street along
                     the eastern perimeter.

                     Currently Bruce Street is legally a dead end just to the south of the Caravan
                     Park and RFS/SES shed boundaries. It then meanders across a Crown
                     Reserve and enters Mann Street over Lot A, DP. 449385. This has been a
                     road used for access for an indeterminate but lengthy period of time.
                     Discussions with the RTA reveal that in accordance with the Traffic
                     Management Act, the fact that it is used as a road by the community, it is
                     therefore considered a road for enforcement purposes.

                     As a result of this development application being submitted Council has
                     resolved to formalize the extension of Bruce Street over its existing
                     position. Discussions with the Department of Lands and Council has lead to
                     the instigation of the formal legal process to ensure that the informal road
                     will become legally gazetted. This allows the Council and the applicant to
                     negotiate a more effective traffic management plan for the site.

                     Council has received advice from the Department of Lands indicating that
                     they have approved of Council legally entering, utilising and maintaining
                     the existing road, and that the processes to provide for formal dedication
                     will be undertaken immediately.

                    Information from Council Engineers and the RTA has indicated that there is
                     a need to separate heavy vehicle traffic, customer car parking and access for
                     through traffic from Mann Street to Bruce Street. The impending gazettal of
                     Bruce Street would allow some minor amendments to the traffic movements
                     and restricting heavy vehicle access to the loading and garbage areas. A
                     copy of the comments from Tim Morris, Council‟s Executive Manager,
                     Engineering and Technical Services has been provided as (Attachment 9).

                     It was noted on the submitted plan that the crossings are not scheduled
                     pedestrian crossings and the delineation should be altered to ensure that it
                     indicates a marked walkway for pedestrians. These marked walkways


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     should be moved to be closer to the entry with consideration given to
                     bicycle parking and motorized scooter access. The marked walkway
                     provided to the western entry should extend through to the Council footpath.

                     It is considered that this could be controlled by conditional approval to any
                     consent indicating the need to provide additional layout incorporating the
                     above mentioned issues.

          5.4)       Heritage

                     Coolamon‟s Heritage Advisor, Mr David Scobie has made comments in
                     regard to this application:

                      This site is considered generally satisfactory however there was no
                       setback on the northern boundary for screen tree planting and there is the
                       possibility of extra shade trees being provided within the carpark (as
                       commented earlier, Section 4.1).

                      The verandah structure should be constructed using 150mm express
                       steel channel sections for the posts and painted in accordance with
                       colours determined by Council upon submission by applicant.

                      Comments were made in regard to lighting with the wish to provide
                       contemporary post top lights similar to the Thorn Avenue 'deco'.

                      Comments were made about the installation of rainwater tanks. This
                       will be dealt with later in the report (Section 7).

                      There is no boundary fence indicated on the plan with the Mann Street
                       frontage being a prominent boundary which deserves a traditional fence
                       to define the boundary. This could be taken as a similar form and
                       material as the verandah structure. This has the opportunity of
                       restricting pedestrian access to those provided by the traffic management
                       layout that would stop access across landscaped areas.

                      These comments went on in detail to discuss the elevations in general
                       using painted concrete panels as typical of this type of building and can
                       be satisfactory in providing a suitable form with relief using recessed
                       areas to the panels and three sympathetic paint colours. Colour samples
                       would be required prior to any work proceeding.

                     In summary the Heritage Officer is satisfied with the proposal provided
                     conditions be included to reflect their recommendations.          These
                     recommendations relate basically to landscaping, advertising and the
                     elevation of the building.


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


          6)         SUBMISSIONS

                     The following is a summary of issues raised by all submissions received.
                     Comment in relation to the issue has been provided in italics.

                          Alternative Use

                           Council should look at alternative uses for this land such as a
                           sporting complex or retirement units.
                           Council already has a retirement facility and a sporting complex is
                           currently progressing around the Kindra Park Sport & Recreation Club
                           precinct. The application before Council is a supermarket and that is
                           what must be considered and assessed.

                          Heavy Vehicle Traffic

                           The applicant has advised that they will be undertaking two semi-trailer
                           deliveries per week. The current road network is capable of catering to
                           this need. Minor changes to the traffic management layout will ensure
                           that this is undertaken in a safe manner. A condition of consent will be
                           to ensure that all heavy vehicle deliveries are conducted outside of
                           school hours.

                           This area of town already has large vehicle traffic for grain disposal
                           and purchase, recycling and retail delivery. This proposal will not
                           significantly increase capacity or potential road damage.

                          Town Not Ready For This Development

                           The increase in population in the Coolamon surrounds has seen an
                           increase in service needs. Councils cannot and should not deter an
                           applicant because they think the town is unprepared (even if they did
                           hold this view). It is the applicant’s responsibility to do its own market
                           research to determine that this is a viable proposition.

                          Pedestrian Access To And Around Site

                           It is acknowledged that the existing access along Mann and Bruce
                           Streets is not currently adequate. Accordingly Council has highlighted
                           this in the report and indicated in lieu of Section 94 Contribution being
                           paid for road management that Council should condition the consent to
                           ensure that paths are provided to the site. This should be undertaken by
                           the applicant at their cost.




This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                           Pedestrian access in and around the property will be managed in
                           accordance with the amended traffic management plan which has been
                           conditioned to separate the three major users of the property, such as:

                            Segregating through traffic from Mann to Bruce Street.
                            Isolating loading and unloading of heavy vehicles.
                            Providing customer access, including carparking and pedestrian.

                          Positive Impact – Competition amongst services providers is good
                           and the proposal has the potential to catch the current leakage to
                           Wagga. Coolamon has had more than one supermarket in the past
                           with a smaller population base.

                           Business competition is not a matter for Council to determine upon.
                           This has been spelt out in the body of the report.

                          Competition to existing business.

                           Council does not have the power to determine applications based on
                           competition between individual businesses. Council must ensure that a
                           level playing field is provided to allow business opportunities that
                           comply with the requirements of the relevant planning legislation to
                           compete.

                          No need for additional liquor outlet.

                           Council is not responsible for the approval of any Liquor License. This
                           is subject of approval by the Liquor Administration Board and will
                           require separate public consultation and assessment. The public are
                           permitted to make their submission when or if this process occurs.
                           Council approves the use of the space for retail purposes and any
                           separate license requirements are subject to the relevant approval body.

                          Detrimental to Main Street.

                           Discussed under Council assessment for economic considerations
                           (Section 4.2).

                          Wakefield Planning

                           Council has attempted to summarise the 16 submissions received by
                           including them under the above headings. Council received one
                           particular submission prepared by Angus Witherby on behalf of the
                           proprietor of the existing IGA supermarket Coolamon. This was a



This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                           lengthy submission that dealt with numerous subjects and was
                           thought worthy of dealing with each issue separately.

                            Adequacy of Information

                                The author of the submission believes that there is no detail
                                provided with respect of the economic impacts of the
                                development. The exiting retail floor space of the main street
                                and the size of the proposed supermarket should trigger a
                                competent economic assessment.

                                The submission speaks of retail floor space in the Cowabbie
                                Precinct but makes no mention of any retail floor space outside of
                                this centre. As previously determined in the report the relevant
                                locality for this development has been determined as the town of
                                Coolamon and the surrounding rural populations. Therefore
                                Council should consider the retail spaces that are already available
                                outside of the main street.

                                The total floor space of the proposed supermarket is 950sqm. The
                                floor space of the existing supermarket is approximately 650sqm. As
                                these two shops will be in direct competition the issue of total floor
                                space needs for retail development within the Cowabbie Street
                                precinct is questioned. It is noted that there is spare capacity in the
                                retail supermarket activity within Coolamon as evidenced by study
                                and anecdotal discussion with business. This increase in floor space
                                is catering to this need.

                            State Policy – Objector’s Submission

                                The policy The Right Place for Business and Services – Planning
                                Policy applies to this land. This policy deals with stand alone
                                sites that could detrimentally affect public investment in centres.
                                Viability of existing Centre should not be commercially
                                threatened by competition from a new retail proposal. On the
                                whole there is a potential that the development may not make
                                good any losses experienced in terms of impact on existing
                                proposals.

                                The submission states that 'The Right Place for Business and
                                Services – Planning Policy' does apply to the land, however Council
                                contends that this is not the case. Under this document it clearly
                                spells out to implement the policy “Council will need to incorporate
                                its objectives and advice into local planning strategies and plans to
                                guide development and rezoning decisions”. To date Council has


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                                not incorporated these objectives into any planning strategies or
                                guides to development. Therefore this policy does not apply to the
                                land. Notwithstanding, this statement when reviewing the document,
                                developed by the Department of Urban Affairs and Planning
                                together with Transport NSW it is noted that this policy applies to
                                urban areas across the state and used for guidelines and research
                                for planning strategy for the greater metropolitan region.

                                In general the policy is endeavouring to avoid the establishment of
                                commercial hubs that will detriment another precinct. Council notes
                                that this development is for a supermarket with no specialty shops
                                attached, and is therefore only in direct competition to the existing
                                supermarket. There are no other shops that will compete with those
                                specialty shops that are currently in existence in the Cowabbie
                                Street precinct. Furthermore it is relevant to note that the location of
                                this proposal is within 200 metres of the Cowabbie Street precinct
                                and Council could, if it is inclined to approve the project, have a
                                condition of such approval that it be linked by pedestrian access.

                                The statement that the proposal might be described as close to
                                centre by the submission indicates an acknowledgement that it is
                                close to the main street and therefore has less impact on the issues
                                relating to locating developments in accordance with the document
                                entitled “The Right Place for Business and Services”. As has been
                                investigated the retail hierarchy around the Coolamon district has a
                                drawing power of approximately 20 kilometer average radius. The
                                fact that these shops will be located by pedestrian access of
                                approximately 250 metres apart is not considered a large difference
                                between locations.

                                Council has acknowledged that there needs to be better pedestrian
                                access to ensure these links allow for safe movement and the
                                application can be conditioned accordingly.

                            Parking and access

                                This issue has been dealt with previously under both traffic
                                management and parking (Section 5.3).

                            Heavy vehicle manoeuvering

                                Previously dealt with in the report (Section 5.3).




This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                            Pedestrian circulation

                                Previously dealt with in the report Section 5.3).

                            Built form

                                Council acknowledge that there is some issues to concrete panels
                                and has set the building back on the northern boundary for the most
                                prominent visual aspects to be softened by landscaping and
                                verandas. The comments from Council’s Heritage Advisor are
                                noted and assessed earlier in the report (Section 5.4).

                            Adjoining Land Use

                                All surrounding land is zoned 2V and potentially has residential use.
                                Any applications to provide for residential purposes will need to be
                                assessed by Council. Noise attenuation has been addressed
                                previously in the report.

                            Process

                                The Objector raises two issues in respect of process. These are:
                                   best value and
                                   Council’s role as consent authority.

                                Best Value

                                Council resolved to purchase the property on the 21st September,
                                2006 (Resolution Number 285/9/2006) for a value of $230,000 plus
                                GST of $23,000. This was done as part of a public tender process
                                and Council utilised a valuation prepared by Bolton Connolly
                                Property Valuers as part of the amalgamations of the licensed clubs.
                                At that point in time it should be noted that Council was not aware
                                of any potential purchaser and its sole reason for undertaking the
                                purchase was to allow for a redevelopment of the area including the
                                swimming pool and caravan park areas as well as to facilitate the
                                amalgamation of the clubs.

                                Council received an approach some three months later to sell a
                                portion of the land for the development under consideration. The
                                developer has subsequently purchased approximately 50% of the
                                land excluding the former licensed club house for an amount of
                                $210,000 plus GST of $21,000. It is quite obvious that Council has
                                obtained more than reasonable value for the sale of the land having



This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                                still retained the club house as well as the proportion available for
                                redevelopment.

                                Council's Role as a Consent Authority

                                In undertaking its role as consent authority Council were well aware
                                of the need to ensure that it was did not confuse its role as the
                                consent authority with that of vendor of the land. Council undertook
                                the original assessment of this application and dealt with the
                                applicant’s agent in determining the most appropriate means of
                                undertaking the development as it would with any other developer,
                                however once the Development Application was submitted it
                                engaged Mr W Henningham, specialty in Local Government and
                                Planning law, as well as Mr James Coleman, specialist in Urban
                                Planning to carry out a independent review of the assessment as
                                undertaken by Council. The review by both those persons has been
                                put together as a joint report and is attached (Attachment 3) to the
                                report submitted to Council.

                            The proposal is in a recreational area with other uses that are
                             not of a commercial nature. The site is too far from the main
                             street and does not have adequate footpath connection.

                                The area is zoned 2V and it is a permissible activity. Surrounding
                                activities include grain handling depot, railway lines, hardware
                                store, pool, Caravan Park, SES/RFS sheds and vacant Crown Land.

                                Council accepts that the pedestrian access requires work and the
                                application has been conditioned to provide these pedestrian links in
                                lieu of a Section 94 contribution.


          7)         INDEPENDENT REVIEW

                     As previously mentioned the independent assessment was undertaken which
                     provided four recommendations to Council. They were as follows:

                     1)         That in accordance with Clause 54 of the Regulation to the EP & A
                                Act that Council request further information. This being a retail
                                study.

                     2)         That determination of the application be deferred until the retail
                                study is received and made available to the public.




This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     3)         That Council seek the advice of its Heritage Consultant on the issue
                                of compliance with Clause 24 of the Coolamon LEP.

                     4)         Pending receipt of the retail study that the applicant be invited to
                                consider a vision of the site layout as indicated on the sketch at
                                Appendix A.

                     Consequently Council requested further information from the applicant
                     requiring a retail study to be submitted. Council also obtained information
                     from David Scobie, Council‟s Heritage Consultant, and both these matters
                     have been dealt with in the main body of the report.

                     It should be noted that the application was not deferred at any Council
                     meeting, rather the applicant was advised of the need to provide this
                     information before it would be considered by the Council.

                     The revised site layout (provided by independent review) was provided to
                     Council‟s Engineering Department for comments in relation to this
                     proposal. These comments indicated that there were negative issues around
                     traffic management and that the amended traffic management plan as
                     determined by Traffic Advisory Meeting would be better suited to the
                     development. The issues relating to more attractive landscape features
                     could be enhanced by stronger emphasis on landscaping along the strip
                     fronting Mann Street.

                     Both the Heritage Report and the Development Review spoke of the need to
                     have water tanks capturing all surface water for use within the building.

                     Reference is made to the commentary under Services/Infrastructure in
                     respect of all surface and stormwater. In this respect it is noted that water
                     collection on site in Coolamon is considerably different to what occurs in
                     the metropolitan area. The current proposal provides for all surface and
                     stormwater to be diverted to the kerb and gutter system in Mann Street.
                     This collection then flows through to what is known as the Government
                     Tank Dam and this area receives extensive use for two purposes, being:

                     a)         a watering reserve for travelling stock; and
                     b)         usage by Council in roadworks.

                     Both of these uses are valuable in a rural community and all water available
                     for their use is encouraged. The water will be harnessed but used for
                     different purposes.

                     It should be noted that a Construction Certificate for the building cannot be
                     submitted unless the applicant provides written evidence of compliance with


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     Section J of the Building Code of Australia. This Section provides that the
                     method of construction must be satisfactory to meet all government imposed
                     energy efficiency requirements for commercial buildings.


          8)         PUBLIC INTEREST

                     The applicant has advised that they will employ approximately 40 people
                     using a variety of full-time and part-time positions. It is thought that a
                     maximum of 10 people will be working on site at any one time.

                     When considering the economic and social impact, Council must not focus
                     on the impact that may occur to individual business, but needs to assess
                     whether or not the proposal would have a detrimental or positive impact on
                     the main shopping precinct, provision of services and customer access to
                     choices etc.

                     This proposal does not provide for any specialty shops which means that
                     shopping activities not associated with groceries will still need to be
                     conducted in the main street.

                     The public interest can only be enhanced by having two supermarkets in
                     direct competition with each other and only 250 metres apart. Whilst this
                     proposal is not in the Cowabbie Street precinct the fact that it is in close
                     proximity and there is provision for connectivity for pedestrian traffic is
                     relevant.

                     This proposal will provide the township of Coolamon and surrounds with
                     access to an alternative supermarket that provides the normal range of
                     services. It is not the role of Council to consider individual competition and
                     would consider that two Supermarkets would be beneficial to the locality of
                     Coolamon.

                     Having regard to these comments and those expressed under the impact
                     assessment (Section 4) it is considered that the public interest will not be
                     affected in a deleterious manner and rather the converse will apply.


          9)         SECTION 94 CONTRIBUTION

                     In regard to the impact that this development will have on the surrounding
                     road infrastructure, it is acknowledged that there will be an increase in
                     motor vehicle use. This motor vehicle use will be predominantly light
                     traffic with the exception of two heavy vehicles a week plus garbage
                     collection and other rigid truck deliveries.


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     The applicant will be responsible for the construction of the right of way
                     across the neighbouring property to the north. This will need to be to a
                     standard that will cater to heavy vehicular traffic.

                     The road construction around this site has been adequately built and in good
                     condition and accordingly it will be able to accept this traffic increase.
                     Mann Street is already constructed to take heavy vehicles for grain deposit.
                     In accordance with Council policy a Section 94 Contribution could be
                     calculated and a payment determined for ongoing repairs and maintenance
                     to this road network.

                     What will not meet the increased use will be pedestrian access to and from
                     this location. As discussed in other parts of this assessment the pedestrian
                     linkage is important to both, access from the north and the connectivity of
                     the main street businesses. Without this proposed development on site
                     Council would not require a footpath from the corner of Cowabbie Street
                     along Mann Street to connect to the development and also an extension of
                     the footpath down Bruce Street on the eastern side of the road pavement
                     until it can cross over at an acceptable site.

                     In lieu of a contribution for road works, it is though appropriate that the
                     applicant be required to construct both footpaths.


          10)        CONCLUSION

                     Council has a legal obligation to review and assess the above mentioned
                     Development Application in accordance with the current planning
                     provisions as set out in the Environmental Planning & Assessment Act
                     1979.

                     It must be remembered that the applicant has legal rights to undertake
                     development activities provided they comply with these requirements.
                     Similarly Council must assess the concerns raised by the public and
                     consider the weight that should be placed on each.

                     Council is not an arbitrator over competition and in this regard the concerns
                     raised about local competition are not a planning consideration. Council
                     must ensure that the development does not have a significant adverse effect
                     on the main street precinct as a whole and there is no credible evidence that
                     this would occur.

                     The town of Coolamon has numerous examples where businesses (retail
                     space or other) compete directly with similar businesses outside the main
                     street precinct.


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     The merits of the economic impact will, and have been argued in the
                     affirmative and negative. Council‟s responsibility is not so much to
                     determine who is right or wrong but is to consider both sides of the debate
                     and determine what is most appropriate for this development.

                     The issues relating to car parking and the preferred method for traffic
                     management have been discussed and can be resolved.
                     The rear wall could be considered an issue, however, landscaping can
                     adequately solve that problem.

                     Environmental sustainability can be addressed by the applicant ensuring that
                     the building is constructed in accordance with Section J of the Building
                     Code of Australia.

                     In summary, Council is legally able to assess this Development Application
                     in accordance with the legislation. Furthermore, having regard to the points
                     raised in this report, Council should approve the application subject to
                     conditions that reflect those matters raised in this report.

          Recommendation

          1)         That Council approve Development Application 34/2007 subject to the
                     following conditions:

                     1.         Undertake development in accordance with stamped approved plans
                                and supporting documentation lodged in respect of:
                                Development Application No: 34/2007 except where varied by the
                                following conditions:

                     2.         Appointment of a principal certifying authority.

                                No works in connection with this development consent are to be
                                commenced until the applicant:

                                a)         has had detailed plans and specifications endorsed with a
                                           construction certificate,
                                b)         has appointed a Principal Certifying Authority and
                                c)         has notified the Council of the appointment.

                                The applicant may appoint the Council or an accredited certifier as
                                the principal certifying authority for the development.

                                If the principal certifying authority is not the Council, then the
                                person so nominated must provide an acceptance of the nomination
                                in writing to the Council. If the principal certifying authority is the


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                                Council, the application will be subject to the normal payment of
                                scheduled fees including a fee for the service to cover the cost of
                                undertaking building work and/or civil engineering inspections.

                     3.         The development shall not interfere with the amenity of the
                                neighbourhood by reason of the omission of noise, vibrations, smell,
                                fumes, smoke, vapour, steam, soot, ash, dust or water waste, waste
                                products or grit, oil or any other form of pollution that may affect the
                                neighbouring amenity

                     4.         Street lighting shall be provided to all road networks bounding this
                                development. This shall include Mann Street and Bruce Street
                                outside the development. The street lighting shall be provided to a
                                P4 standard. Evidence of this compliance must be submitted to
                                Council on completion of the work.

                     5.         Outside lighting associated with the building and carpark security
                                shall be installed in such a manner that the light beams do not
                                project directly onto adjoining buildings or cause an inconvenience
                                to adjoining properties.

                                The style of lighting provided shall be a „Thorn Avenue Deco‟ or
                                similar.

                     6.         The supermarket shall be provided with electricity, to an acceptable
                                standard required for the development. A letter from Country
                                Energy advising that its requirements have been met shall be
                                sufficient to establish compliance with this condition.

                     7.         The applicant shall make water available to the development in
                                accordance with the service requirements of the building. This may
                                include any works or charges required by the relevant water
                                authority. A letter from the relevant water authority advising that the
                                requirements have been met shall be sufficient to establish
                                compliance with this condition.

                     8.         Any building and associated works shall comply with the statutory
                                requirements of Council and/or other Government departments or
                                instrumentalities prior to use of the facilities. In particular, the
                                relevant performance standards currently prescribed in the Local
                                Government Act 1993. This includes the Local Government
                                (Approvals) Regulation and the Building Code of Australia (BCA).




This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     9.         All deliveries using heavy vehicles (semi trailers) must enter and
                                leave the site outside school hours. These hours being defined as
                                8.00am till 4.00pm Monday to Friday.

                     CONDITIONS THAT MUST BE SATISFIED                                                         BEFORE               A
                     CONSTRUCTION CERTIFICATE IS ISSUED

                     10.        The applicant is to submit to Council an amended Traffic
                                Management Plan incorporating vehicle and pedestrian activities
                                within the boundaries of the proposal together with immediate traffic
                                issues of access to and from Mann and Bruce Streets.

                                Specific issues are to address:

                                     Provide 2-way access onto the eastern road pavement known as
                                      Bruce Street within Lot A DP 449385. This is to replace the
                                      proposed eastern access onto Mann Street.

                                      This access shall be approximately 14 metres north of the south
                                      eastern boundary corner of the land and this shall allow for 2
                                      way customer traffic only.

                                     The loading and garbage area is to be accessed by the right of
                                      way from Bruce Street. All heavy vehicle loading and unloading
                                      areas are to be separate to, and segregated from the customer
                                      carpark area and heavy vehicles must enter and exit onto Bruce
                                      Street in a forward direction.

                                     The access from Mann Street is to be increased in width to allow
                                      for 2 way customer access to and from Mann Street.

                                     The internal customer vehicle access corridors shall be increased
                                      in width to cater for 2 way access between the carparking
                                      provisions.

                                     All pedestrian walkways shall not be indicated as formal
                                      pedestiran (zebra) or a marked foot crossing but rather be
                                      indicated as a pedestrian access position only.

                                     The north-south pedestrian access position will be relocated to
                                      the western side of the car park and extend through the landscape
                                      garden on to the footpath.

                                     Provision shall be made for bicycle storage and motorized
                                      scooter access.


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     11.        The applicant shall submit construction details and design
                                information by a suitably accredited Engineer to meet the minimum
                                stated requirements of:

                                (a)        Pavement Design: a minimum of 200mm thick
                                           consolidated pavement compacted to 100% standard
                                           maximum dry density base material DGB20 (or equal
                                           equivalent)

                                (b)        Wearing Surface finish: a minimum                               40mm         thick       –
                                           asphaltic concrete or agreed equivalent.

                                (c)        Access Requirements:      customer access to the site shall be
                                           provided with a minimum 8 metre wide concrete layback.
                                           The access pavement construction to a standard with a
                                           similar roadbase and surface as the remainder of the carpark,
                                           or of reinforced concrete construction 150mm minimum
                                           thickness in accordance with Council‟s Engineering
                                           Standards.

                                (d)        Right of Way: the right of way shall be constructed to a
                                           minimum 150mm gravel road base (compacted) with 2 coat
                                           bituminous flush seal. This driveway shall extend from the
                                           property boundary along the right of way adjacent to the road
                                           verge known as Bruce Street. The intersection of this road
                                           and right of way with Bruce Street shall be constructed to
                                           ensure that there is minimal traffic conflict.
                                           The right of way shall be provided with a suitable access
                                           incorporating drainage provisions to divert excess
                                           stormwater into the Bruce Street table drain.

                                (e)        Drainage:

                                                Minimum underground drainage infrastructure to cater
                                                 for 1 in 5 year storm activity.

                                                Approved design for overland discharge in larger storms.

                                                All paved or hardstand areas shall be kerbed and graded
                                                 to sumps and drained to the stormwater and retention pits
                                                 on site. The outlet from these stormwater retention pits
                                                 together with any roof water shall be connected to
                                                 existing stormwater outlets or to the kerb and gutter and
                                                 the kerb made good.



This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                                                The applicant shall extend the kerb and gutter and
                                                 drainage along Mann Street and extend past the proposed
                                                 Bruce Street eastern intersection
                                                Full details of the stormwater design prepared by an
                                                 accredited Engineer shall be provided with the
                                                 Construction Certificate.

                     12.        The applicant shall construct the following footpaths:

                                     From Cowabbie Street to the subject lot along the northern side
                                      of Mann Street; and

                                     From the existing footpath on the eastern side of Bruce Street
                                      outside the pre-school along the eastern side of Bruce to cross
                                      the road at the corresponding pedestrian access point.

                                Footpaths shall be constructed with 100mm thick reinforced
                                concrete, 1.5 metres wide. Full details of the footpaths shall be
                                submitted with the Construction Certificate.

                     13.        The applicant shall extend the kerb & gutter along Mann Street to
                                include an extension into Bruce Street to the proposed eastern
                                customer entrance.

                     14.        At the completion of the kerb & gutter, footpath and landscape
                                construction, all public access land and nature strips shall be left
                                smooth, even surfaces free from rubbish and debri.

                     15.        There shall be a fence constructed along the northern boundary from
                                the proposed supermarket to the western side of the right of way, a
                                minimum of 1.2 metres high. Full details of this fence must be
                                provided and approved as part of the Construction Certificate.

                     16.        A detailed landscape plan for the whole site shall be submitted to
                                and approved by the Executive Manager of Planning &
                                Environmental Services prior to the commencement of any work on
                                site. This detail shall include any changes made to the final
                                carparking and traffic access detail.

                                The landscape plan shall be prepared by a suitably qualified person.
                                All landscape works shall be provided with a water service point to
                                allow for ongoing maintenance. All work must be completed in
                                accordance with the approved landscape plan, prior to occupation.



This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                                This detail must include:

                                     Provision of suitable trees external to the northern boundary
                                      along the proposed wall.
                                     All Ash and Queensland Brushbox trees are to be a minimum of
                                      3-4 metres in height.
                                     Provision of two additional shade trees along the west elevation.

                     17.        Any plans submitted with the Construction Certificate must provide
                                written evidence of compliance with Section J of the Building Code
                                of Australia.    This certification must detail the method of
                                construction required to meet the energy efficiency requirement of
                                the building.

                     18.        Details and plans of all structural works must be provided and
                                prepared by a practicing Structural Engineer with suitable indemnity
                                cover and is to be submitted to Council or the accredited certifier
                                prior for the issue of a Construction Certificate. This must include,
                                but not limited to, the following:

                                a.       Footings, raft slabs, floor slabs, columns, beams and other
                                         reinforced concrete systems.
                                b.       Timber beams, columns strutting beams etc.
                                c.       Retaining walls.
                                d.       Structural steelwork.
                                e.       Roof trusses and roof bracing.
                                f.       Road and carpark construction.
                                g.       Drainage and stormwater details.

                     19.        Prior to the issue of a Construction Certificate the applicant shall
                                submit to and obtain approval from Council or the Accredited
                                Certifier a Soil and Water Management Plan. The plan shall be
                                compatible with any Construction and Site Management Plan and
                                shall ensure the following objectives are achieved, namely:

                                a)         To minimize the areas of soils exposed at any one time.

                                b)         To conserve top soil.

                                c)         To identify and protect proposed stockpile locations.

                                d)         To preserve existing vegetation and identify revegetation
                                           techniques and materials.




This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                                e)         To prevent soil, sand, gravel and any other sediment or spoil
                                           from leaving the site in an uncontrolled manner.

                                f)         To control surface water flows through the development
                                           construction site in a manner that:-

                                           i)       diverts clean run-off around disturbed areas
                                           ii)      minimizes slope gradient and flow distance within
                                                    disturbed areas
                                           iii)     ensures surface run-off occurs at non-erodable
                                                    velocities
                                           iv)      ensures disturbed areas are promptly rehabilitated

                     20.        Signage, advertising or notices associated with the operation of this
                                development must be submitted to and approved by Council prior to
                                its erection on site and before a Construction Certificate is issued.

                     21.        The upper external glass panels on the southern elevation are to
                                remain clear of advertising or signage at all times.

                     22.        The applicant must submit to Council details of the proposed
                                external materials and colour scheme of all exterior finishes for
                                approval, prior to a Construction Certificate being issued.

                     23.        Provide evidence with the Construction Certificate of all information
                                indicating or confirming compliance with the fire safety provisions
                                required by the Building Code of Australia (BCA), in particular but
                                not limited to Part C Fire Resistance, Part D Access and Egress and
                                Part E Services and Equipment.

                     CONDITIONS THAT MUST BE COMPLIED WITH DURING
                     CONSTRUCTION

                     24.        Site signage shall apply, and must be erected on the site in a
                                prominent, visible position, stating that unauthorised entry to the site
                                is not permitted. It should show the name of the builder or another
                                person responsible for the site and a telephone number at which the
                                builder or other persons can be contacted outside working hours.
                                Any structures erected to meet requirements of this condition must
                                be removed when it is no longer required for the purposes for which
                                it was erected.

                     25.        Provide on site toilet facilities prior to commencement of building
                                work. No inspection will be carried out until an approved toilet is
                                provided.


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     26.        Provision shall be made on site for the proper storage and disposal of
                                waste such that no builder‟s waste shall be left in the open. Specific
                                attention should be given to items which are subject to relocation by
                                the action of wind, e.g. paper, sheets of iron, ridge capping, cement
                                and lime bags and the like.

                     27.        Demolition or removal of any existing buildings, or its parts shall be
                                carried out in a manner so that the risk of injury to the health and
                                safety of site personnel and public persons will be minimised.
                                Identify and locate service supply mains – Water, Electricity and
                                notify controlling authority to disconnect such services prior to
                                demolition.

                     28.        For the duration of any work on site, the Builder must maintain a
                                copy of the specification, stamped approved plans, copy of
                                Development Consent and Construction Certificate on site.

                     29.        Construction work shall take place during normal working hours,
                                namely 7.00a.m. to 5.00 p.m. Mondays to Fridays and 8.00a.m. to
                                1.00p.m. Saturdays (no work on Sundays or Public Holidays) and in
                                a manner so as not cause a nuisance (by the generation unreasonable
                                noise or other activity) to the owners and/or residents of adjoining
                                properties.

                     30.        At all times during construction the site shall be provided with
                                adequate fencing and barricades to restrict any access to the site by
                                the public. Particular attention will need to be paid, concerning the
                                temporary and final fence adjoining the Coolamon Swimming Pool
                                boundary. This fence will need to comply with all standards
                                associated with pool barriers to ensure public access is denied.

                     31.        All requirements of the Workcover Authority (including the
                                Dangerous Goods Branch) shall be complied with for the duration of
                                all building work.

                     32.        Where site conditions require the provision of a retaining wall, all
                                drainage associated with this work shall disperse clear of the
                                building and any other building on site. The retaining wall shall be
                                designed and installed by a suitably qualified person and must be
                                submitted to and approved with the Construction Certificate.

                     33.        Soil erosion and sediment control measures are to be maintained
                                during the entire construction period until disturbed areas are
                                restored by turfing, paving or revegetation. Topsoil, excavated
                                material, construction and landscaping supplies and onsite debris are


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                                to be stockpiled within the erosion containment boundary and shall
                                not encroach upon the footpath, nature-strip or road. Details of the
                                sediment control measures are to be provided to Council with the
                                Construction Certificate.

                     34.        For the purpose of inspection, twenty-four (24) hours notice must be
                                given to the Principal Building Surveyor in respect of the following
                                works for reasons of required inspections:-

                                a.         Footing trenches and reinforcing steel prior to the placement
                                           of concrete;
                                b.         Steel reinforcement to all raft, floor slabs etc. Prior to the
                                           placement of concrete;
                                c.         Damp proof course and weatherproof flashing;
                                d.         Wall frame and roof frame prior to fixing of cladding or roof
                                           covering;
                                e.         Wet area flashing/shower tray prior to the fixing of wall
                                           lining and floor tiles;
                                f.         Stormwater drainage; and,
                                g.         Completion prior to occupation of the building;

                                Note: The booking of inspections may be done by telephone
                                (02) 6927 3206

                     35.        The building is to be protected from attack by subterranean termites.
                                A notice showing full details of the termite barrier system complying
                                with AS3660.1 – 1995 is to be submitted to Council BEFORE
                                COMMENCEMENT OF WORK.

                                IT SHOULD BE NOTED THAT:
                                Council will not permit the use of hand held sprays for
                                treatment beneath slab construction as the effective life of the
                                treatment is limited. To retreat the slab it is necessary to drill
                                holes throughout the slab at 400mm centres and introduce fresh
                                chemical.

                     36.        Clause B1.3(j) of the Building Code of Australia requires that a
                                durable notice must be permanently fixed to the building in a
                                prominent location, such as in a meter box or the like, indicating:

                                a.         the method of protection; and
                                b.         the date of installation of the system; and
                                c.         where a chemical barrier is used, its life expectancy as listed
                                           on the National Registration Authority; and



This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                                d.         the need to maintain and inspect the system on a regular
                                           basis.

                     37.        All plumbing and drainage work conducted onsite shall be
                                undertaken by a qualified tradesman.         Plumbing and drainage
                                installation and alterations shall be carried out in accordance with
                                the provisions of the NSW Code of Practice for Plumbing and
                                Drainage which adopts the National Plumbing and Drainage Code
                                AS 3500, with NSW variations.

                                Prior to any work onsite a plumbing and drainage form must be
                                submitted to and the permit approved by Council.

                                For the purpose of complying with these standards inspections
                                shall be carried out:

                                1.         When all internal plumbing work is installed and prior to
                                           concealment.

                                2.         When all external plumbing work is installed and prior
                                           to backfilling.

                     38.        Care shall be taken to ensure all existing plumbing and drainage
                                lines are protected from damage during construction. Should any
                                existing pipelines be affected by the building work then they will
                                need to be relaid clear of the building alignment and in accordance
                                with the requirements of Australian Standards 3500. Full details of
                                this work must be submitted to and approved by Council prior to
                                proceeding.

                     39.        All water services are to be tested in accordance with the NSW Code
                                of Practice, Water Supply (Draft) Clause 11.1.1 and 11.1.2 and
                                inspections called for in accordance with Clause 11.2.

                     40.        The finished floor level shall be minimum of 150mm above the
                                surcharge gully on the sewer or septic tank and the surcharge gully
                                shall be at least 150mm above the natural ground level.

                     CONDITIONS THAT MUST BE COMPLIED WITH BEFORE THE
                     BUILDING IS OCCUPIED

                     41.        The applicant is to obtain an Occupation Certificate pursuant to
                                Section 109C of the EP&A Act 1979, as amended, from either
                                Council or an Accredited Certifying Authority at the completion of


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                                the works to certify that works have been completed in accordance
                                with the applicable standards of this consent.

                     42.        The building shall be provided with a minimum of one (1) unisex
                                toilet facility. This shall include disabled access and hot & cold
                                water to the hand basin through a common mixing spout.

                     43.        The room containing the toilet facility must have an airlock or be
                                provided with mechanical exhaust ventilation and the doorway to the
                                room being adequately screened from view. The existing plan does
                                not comply with this requirement and will need to be amended to
                                show compliance.

                     44.        The door to a fully enclosed sanitary compartment must:

                                a)         open outwards
                                b)         slide or
                                c)         be readily removable from the outside of the compartment,
                                           unless there is a clear space of at least 1.2 metres between the
                                           closet pan within the sanitary compartment and the nearest
                                           part of the doorway.

                     45.        All wet areas including shower rooms, slop hopper or sanitary
                                compartments must be water-resistant or waterproof in accordance
                                with AS 3740 and the requirements of F 1.7 of the Building Code of
                                Australia.

                     46.        All rooms must be provided with light and ventilation in accordance
                                with Part F4 of the Building Code of Australia.

                     47.        External paths and ground surface adjoining walls of the building
                                being graded away from the dwelling in such a manner so not to
                                cause a nuisance to the building or adjoining lands.

                     48.        Any disabled ramps and handrails shall be installed in accordance
                                with Australian Standard 1428.1 – 1993 „Design for Access and
                                Mobility, Part 1: General Requirements for Access – Buildings‟.

                     49.        Provision shall be made in the building and onsite for:

                                a)         Access to the building for people with disabilities in
                                           accordance with the Building Code of Australia.

                                b)         Toilet facilities for people with disabilities in accordance
                                           with the Building Code of Australia, such facilities shall be


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                                           accessible to persons working in or using the building, and in
                                           accordance with this requirement.

                                c)         One motor vehicle parking space on the site for the exclusive
                                           use of people with disabilities. This parking space must have
                                           a direct path to the building and all required accessible areas
                                           complying with AS1428.

                     50.        The building must be provided with tactile ground surface indicators
                                at the path of travel meeting a vehicular way adjacent to the principal
                                public entrance to a building, where there is no kerb or kerb ramp at
                                that point.

                     FOOD HANDLING REQUIREMENTS

                     51.        Any commercial kitchen or food preparation area must be provided
                                with a kitchen exhaust hood complying AS 1668 where the cooking
                                apparatus has a total:

                                       electrical power input exceeding 8kw
                                       gas power input exceeding 29MJ/h

                     52.        The section of the building to be used for the preparation, storage or
                                sale of food, together with all finished surfaces, equipment and
                                appliances in that section, shall be constructed and of a type that is
                                strictly in accordance with the provisions of the Food Act, 2003; the
                                Regulations made thereunder and also in accordance with the
                                Australia New Zealand Food Standards Code and Australian
                                Standard 4674-2004 „Design Construction and Fitout of Food
                                Premises.‟

                     53.        The supermarket is to be provided with a minimum 1,000 litre
                                grease trap for the collection and removal of all oils, fats and grease
                                from the premises prior to entering the Council‟s sewerage network.
                                Details of the grease trap and its location must be submitted to and
                                approved by Council prior to the commencement of any plumbing
                                work.

                     54.        All food preparation areas are to be provided with separate basins
                                used solely for the purpose of hand washing. Hot and cold running
                                water is to be provided through a single mixing spout. Soap and
                                paper towels are to be provided to each of these handwash basins.




This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     FIRE SAFETY REQUIREMENTS

                     55.        The owner shall submit to Council a Final Fire Safety Certificate
                                stating that each essential fire safety measure specified in the current
                                Fire Safety Schedule for the building to which the certificate relates:

                                a)         Has been assessed by a properly qualified person, and

                                b)         Was found, when assessed, to be capable of performing to a
                                           standard not less than that required by the current Fire Safety
                                           Schedule for the building.

                                Further, the assessment is to be carried out within a period of three
                                (3) months of the date on which the Final Fire Safety Certificate was
                                issued. The owner of the building shall forward a copy of the
                                Certificate to the NSW Fire Brigades and also prominently display a
                                copy in the building.

                                Note: A Final Safety Certificate must be provided before a Final
                                Occupation Certificate can be issued for the building.

                     56.        The building is to comply with the attached Fire Safety Schedule.
                                Note: The attached schedule supercedes any earlier fire safety
                                schedules and will cease to have effect when any later schedule is
                                issued.

                     57.        The owner shall submit to Council an Annual Fire Safety Statement
                                each twelve months after the Final Safety Certificate was issued.

                     58.        The northern wall of the building shall be constructed of material
                                that has a minimum FRL of 90/90/90. Evidence of compliance with
                                the method of FRL must be provided to Council with the
                                Construction Certificate.

                     59.        The precast external concrete walls are to be designed and
                                constructed to ensure that they do not collapse externally in the event
                                of fire. All work shall be undertaken in accordance with the
                                requirements of Specification C1.11 of the BCA. Evidence of
                                compliance with this method of construction must be provided to
                                Council with the Construction Certificate.

                     60.        A fire hydrant system must be provided to service the building. This
                                can be by way of the existing Goldenfields County Council network
                                provided it complies with AS 2419. Certification of the hydrant
                                system must be provided with the final Fire Safety Schedule.


This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                     61.        A fire hose reel is to be provided not more than 4 metres from a
                                required exit door and located so that the nozzle of the fully
                                extended fire hose reel will reach every part of the floor.

                                The fire hose reel is to comply with AS 1221 and AS 2441 and
                                Clause E1.4 of the Building Code of Australia.

                     62.        Portable fire extinguishers containing an extinguishing agent
                                suitable for the risk being protected must be installed in accordance
                                with AS 2444. Whilst the building is under construction not less
                                than 1 extinguisher to suite Class A, B and C fires and electrical fires
                                must be provided at all times adjacent to each required exit.

                     63.        Exit signs are to be installed over each required exit in accordance
                                with AS 2293.1. Where an exit sign is not readily visible to a person
                                approaching an exit then directional signs must be provided
                                indicating the path of travel.

                     64.        An emergency lighting system is to be installed in accordance with
                                AS 2293.1.

                     65.        All exits must not incorporate a step or ramp at any point closer to
                                doorway than the width of the door leaf.

                     66.        The aggregate width of exists from the building must be a minimum
                                of 2.5 metres in width.

                     67.        Exit doors are to have a minimum height of 2000mm and a
                                minimum width of 750mm.

                     68.        An exit door must not be blocked at the point of discharge and
                                where necessary, suitable barriers must be provided to prevent
                                vehicles from blocking the exit, or access to it.

                     69.        In a required exit or path of travel to an exit there must be an
                                unobstructed height throughout of not less than 2 metres and an
                                unobstructed width throughout of not less than 1 metre.

                     70.        The exit path in the rear storage/loading area must be clearly defined
                                by way of a painted exclusion zone on the floor to ensure it is not
                                blocked or hindered by storage requirements.

                     71.        An exit door that is power operated must:




This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.
AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE SHIRE OF COOLAMON HELD
IN THE COUNCIL CHAMBERS, COOLAMON ON TUESDAY, 6TH NOVEMBER, 2007 AT 10.00AM.


                                        be able to be opened manually under a force of not more than
                                         110N if there is a malfunction or failure in the power source;
                                         and
                                        open automatically if there is a power failure to the door or on
                                         the activation of a fire or smoke alarm anywhere in the fire
                                         compartment served by the door.

                     72.        Any main switchboard located in the building must comply with the
                                relevant requirements of Clause C2.13 of the BCA to ensure the
                                protection of fire services and emergency equipment.

                     73.        A door forming part of a required exit must be readily openable
                                without a key from the side that faces a person seeking egress, by a
                                single hand downward action or pushing action on a single device
                                which is located between 900mm and 1200mm from the floor.

                     74.        The early fire hazard indices of materials and assemblies must
                                comply with Specification C1.10 of the Building Code of Australia.

          2)         That Council implement the necessary procedures to have Bruce Street
                     across Lot A, DP. 449385 be dedicated as a public road.




This is Page No.     of the Minutes of the Special Meeting of the Council of the Shire of Coolamon held in
the Council Chambers, Coolamon on the 6th November, 2007.


.................................................…….MAYOR .......................................................GENERAL MANAGER.

				
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