DUNGOG SHIRE COUNCIL Council s

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					                                          Council's Vision
                                          A vibrant, united community, with a sustainable
                                          economy.     An area where rural character,
                                          community safety and lifestyle are preserved




DUNGOG SHIRE COUNCIL
14th December 2004

Dear Sir/Madam

You are advised that the Ordinary Meeting of Council will be held on Tuesday, 21st
December 2004 at 6.00pm Council Chambers, Brown Street, to consider the business as
set out below:-

                              ORDER OF BUSINESS
1.     Apologies

2.     Confirmation of the Minutes

3.     Matters Arising from the Minutes

4.     Mayoral Minute

5.     Notices of Motion

6.     General Manager's Report

7.      Finance & Corporate Services Department Report

8.     Infrastructure & Assets Department Report

9.     Planning Department Report

10.    Environmental Services Department Report

11.    Questions Without Notice

12.    Business of an Urgent Nature which the Council may, be resolution, decide to discuss

13.    Committee of the Whole (Closed Meeting)



Yours faithfully



Andrew Evans
GENERAL MANAGER




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December
                                2004, commencing 6.00pm.
TABLE OF CONTENTS


GENERAL MANAGER’S REPORT
1.     Annual Report
2.     Metropolitan Strategy
3.     Clinical and Community Advisory Group
4.     “D” Division Meetings
5.     2004 National General Assembly Resolutions
6.     Managers Contracts
7.     Autumn Festival 2005 – Public Liability Insurance
8.     Chandler McLeod Staff Survey Results

EXECUTIVE MANAGER – FINANCE & CORPORATE SERVICES
1.     Statement of Investments
2.     Works Cost Statement
3.     Councillors Travelling & Other Expenses
4.     1st Dungog Scouts
5.     Summary of Rates & Charges Collected

MANAGER – INFRASTRUCTURE & ASSETS
1.     Bridge Over Williams River
2.     Victoria Street Paterson
3.     Emergency Management Funds
4.     Industrial Land Development
5.     Melbee Subdivision – Stage 4
6.     Geographical Names Board
7.     Minutes of Traffic & Road Safety Committee Meeting
8.     Proposed Water Projects for the Dungog Water Supply 2004/05
9.     Works Progress Report
10.    Timber Bridge Replacement Program
11.    Town Works Program

MANAGER – PLANNING
1.     Modification to Development Application 98/04
2.     A D & K B Evans – Development Application 168/04
3.     Salisbury Road Munni
4.     G Cramp – Development Application 182/04
5.     Development Application 221/04
6.     Clarence Town Local Area Plan
7.     Vacy Local Area Plan
8.     Litigation Report – Current Matters
9.     Draft Local Environmental Plan 2004
10.    Development Applications – Delegated Authority

MANAGER – ENVIRONMENTAL SERVICES
1.     Monitoring of Private Drinking Water Supplies
2.     Issuing of Fines for Non Compliance with Local Govt Orders
3.     Comprehensive State of the Environment Report

COMPLIMENTS

 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
GENERAL MANAGER'S REPORT

                                                                               Andrew Evans
1.      ANNUAL REPORT
        249


Précis:

Reporting on the notification to the Director General of the completion of the Annual Report.

                                          ************

On 29 November 2004 the Director General of Department of Local Government was notified
of Council’s posting of the 2003/2004 Annual Report to Council’s website according to the
requirements of Section 428 of the Local Government Act 1993.

IMPLICATIONS

Statutory

The statutory requirements are stated in the body of the report.

Other

There are no financial, environmental, community or consultative implications of this report.


RECOMMENDATION

That the report be received and the information noted.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                                Andrew Evans
2.     METROPOLITAN STRATEGY
       45


Précis:

Reporting on correspondence sent by Hunter Councils to the Hon Craig Knowles MP
regarding the development of the Greater Metropolitan Strategy for Sydney.

                                            *********

Attached as Annexure ‘A’ is a copy of a letter sent to the Minister for Infrastructure, Planning
and Natural Resources regarding the formation of linkages between the Greater Metropolitan
Strategy for Sydney and the Lower Hunter Regional Strategy. For your information.


IMPLICATIONS

There are no implications to this report.

RECOMMENDATION

That the report be received and the information noted.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                           Andrew Evans
3.         CLINICAL AND COMMUNITY ADVISORY GROUP
           42/1


Précis:

Reporting on correspondence received from Hunter New England Health regarding the
formation of Clinical and Community Advisory Group (CCAG).

                                            *********

Attached as Annexure ‘B’ is a copy of correspondence received from Hunter New England
Health advising of the formation of the Clinical and Community Advisory Group to consult
with clinicians and the community on the functions, terms of reference, composition and
operation of the Area Health Advisory Councils. Included is a copy of the Report of the
CCAG and the Government’s response both tabled in Parliament on 27th October by NSW
Health Minister Morris Lemma. For your information.


IMPLICATIONS

There are no implications to this report.


RECOMMENDATION

That the report be received and the information noted.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                         Andrew Evans
4.     “D” DIVISION MEETING
       116/2


Précis:

Reporting on the Minutes from the “D” Division of the Shires Association of NSW.

                                          **********

The minutes from the “D” Division of the Shires Association of NSW meeting held in
Murrurundi on 11 November 2004 are shown at Annexure “C”, for the information of
Councillors.


IMPLICATIONS

There are no financial, statutory, environmental, community or consultative implications to
this report.

RECOMMENDATION

That the report be received and the information noted.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                           Andrew Evans
5.     2004 NATIONAL GENERAL ASSEMBLY RESOLUTIONS
       294


Précis:

Reporting on the receipt by Council of the 2004 National General Assembly of Local
Government Resolutions.

                                        ***********
Council is in receipt of the 2004 National General Assembly Resolutions document which
lists all outcomes of the 2004 National General Assembly. A copy of this document is
attached as Annexure ‘D’. The document also appears on the National General Assembly
website at www.nga.alga.asn.au.

IMPLICATIONS

There are no financial, statutory, environmental, community or consultative implications of
this report.

RECOMMENDATION

That the report be received and the information noted.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                                  Andrew Evans
6.     MANAGERS CONTRACTS
       105


Précis:

Reporting on negotiations to renew Managers contracts.

                                             *********

As I discussed with Councillors some months ago, negotiations have now been finalised with
all four Managers for the renewal of their Employment Contracts. Mr Deasey’s new contract
has already commenced (as his old contract expired in Sept 2004) with the other three
Managers contracts due for renewal during 2005.


IMPLICATIONS

There are no implications to this report as it is for Councillors information only.

RECOMMENDATION

That the report be received and the information noted.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                              Peter Clough
7.       AUTUMN FESTIVAL 2005 - PUBLIC LIABILITY INSURANCE
         18/41


Precis:
Reporting on arrangements for the 2005 Autumn Festival.
                                          ********
The 2005 Autumn Festival will be held over a series of weekends to meet the needs of the
relative communities and the programme is as follows:

     •    Paterson --------- 13th March 2005
     •    Vacy ---------------20th March 2005
     •    Gresford ----------26th March 2005
     •    Dungog ---------- 9th April 2005
     •    Clarence Town –To be determined
This time each of the communities will be conducting their own individual events, but all
conducted under the umbrella of the Dungog Shire Autumn Festival.
For 2005 the Dungog District of Chamber of Commerce Inc has agreed to be the auspicing
body instead of DINS, and as a part of this the Chamber will be arranging the Public Liability
Insurance. Last year the insurance cost of $473 was met by Council following the July 2003
resolution which said “Council support the Autumn Festival and that the covering of the
insurance cost to $5,000 be referred to A Ward Town Works Committee”.

It is anticipated that the insurance cost will be higher on this occasion, particularly as there
will be a parade in Dungog and Billy Cart Derby in Gresford, as well as other additional
activities. The Autumn Festival Committee has sought a list of all activities from each of the
Communities, and then they will be in a position to finalise insurance quotes.
The Autumn Festival Committee has again approached Council to meet the Public Liability
Insurance costs for the 2005 event even though it is being auspiced by the Chamber of
Commerce.

Given that the Council is a strong supporter of the Festival, and acknowledges the profile and
economic benefits to the Shire, it is again suggested that Council provide assistance to a
maximum figure of $5,000.

IMPLICATIONS
Financial

Potential Cost of $5,000
Community
The community benefits both in cultural and economic terms from the holding of an Autumn
Festival.
Other
There are no Statutory, Consultative, or Environmental implications to this report.
RECOMMENDATION
That Council agree to meet the cost of the Public Liability Insurance for the 2005 Autumn
Festival up to a maximum amount of $5,000.


 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                                   Andrew Evans
8.     CHANDLER MCLEOD STAFF SURVEY RESULTS
       105


Précis:

Reporting on the results of the Chandler McLeod Strategic Analysis Project.

                                             *********

During July this year Council was one of sixteen Councils across NSW which was involved in
the inaugural NSW Local Government Strategic Analysis Program, co-ordinated by Chandler
McLeod Consulting.

This process involved a confidential staff survey of all of Council’s staff, the results of which
were then collated and analysed by Chandler McLeod, and compared and benchmarked
among the Council’s involved.

I have attached a copy of the Key Findings Report (at Attachment 1) which provides a
snapshot of the views and attitudes of staff in a collective sense, as at the date of the survey.
These views and attitudes are grouped and analysed in four areas, and these four factors
then provide an indication of the underlying operational and corporate effectiveness of the
Council.

These results are then compared against the other Council’s involved in a number of ways,
so as to give some indication of comparative effectiveness between Councils. It should also
be noted that it is intended to carry out this survey each year (with increasing numbers of
Councils involved) so as to also provide a longitudinal comparison within a given Council.

As Councillors can see, Dungog’s result is excellent, with better results in nearly all areas
than the other Council’s surveyed, particularly in the areas of Productivity & Performance,
Leadership & Management, Culture, and Job Satisfaction.

If individual Councillors would like further clarification on the interpretation of these results, I
will be happy to assist.


IMPLICATIONS

Financial

Involvement in the program cost $4600 which was funded from restricted funds set aside for
organisational development.

Other Implications

There are no Statutory, Environmental, Community, or Consultative Implications to this
report.


RECOMMENDATION

That the report be received and the information noted.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
FINANCE & CORPORATE SERVICES DEPARTMENT
EXECUTIVE MANAGER'S REPORT

                                                                       Craig Deasey
1.     STATEMENT OF INVESTMENTS
       256


Précis:

Clause 16 of Local Government Finance Regulation requires a monthly report to Council
outlining all money’s Council has invested under Section 625 of Local Government Act.

                                          **********

The Statement of Investments as at 30th November 2004 incorporating the Responsible
Accounting Officer's Certificate are attached as Annexure "A".

IMPLICATIONS

There are no financial, statutory, environmental, community or consultative implications
associated with this report.


RECOMMENDATION

That the report be received and information noted.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                           Robert Maginnity
2.     WORKS COST STATEMENT
       97/1


Précis:

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

                                           ********

The Works Cost Statement for the period ending 30 November 2004 is attached as
Annexure "B". Based on a straight expenditure of 5 months completed recurrent expenditure
levels should be at 42% of budget, however the timing of individual works and seasonal
issues needs to be considered when analysing percentages. With the exception of those
items commented on below, all items are with budget allocation and within or near to the
notional recurrent expenditure level.

Town works show only those funds actually expended at the date of this report, with any
allocations made but not yet spent needing to be considered when determining future
allocations from the available funds. Works funded include Reg Ford Oval water extension
$5,099, Lowe St works $4,881, Bennett Park mowing $375, Netball courts sewer headwork
$2,870, Dungog Showground works $1,503 and Vacy Sports ground works $909.

Construction programs are at varying levels of completion depending on the project and all
are currently within budget allocations. The works progress report under the Manager
Infrastructure & Assets area details works undertaken and whether the project is completed.
The program for Lowe Street has had an additional allocation of funds representing the
contribution from town funds $52,000 and K&G contributions of $18,200. Common Road
works has not yet had the additional allocation from K&G contributions factored in the report.

Clarence Town Caravan Park cabins project has had additional funds allocated of $21,500
as per Council resolution 32296, and expenditure now stands at 30% of the available capital
works budget of $48,021. The Economic Development Officer is continually monitoring costs
and the works committee as per the Council resolution will oversee the allocation of
remaining funds.

IMPLICATIONS

There are no financial, statutory, environmental, community or consultative implications
associated with this report. The report is for information purposes only.

RECOMMENDATION

That the Works Cost Statement for the period ending 30 November 2004 be received and
noted.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                                Craig Deasey
3.     COUNCILLORS TRAVELLING & OTHER EXPENSES
       120/1


Précis:

Report on Councillors travelling for Councillors information.

                                           **********

Hereunder is a list of meetings/inspections or business of Council held/to be held since the
October Meeting of Council.

Hunter Councils Board Meeting                                      25/11/04
SOA Halls & Public Toilet Workshop                                 26/11/04
Extraordinary Meeting                                              26/11/04
Traffic Committee Meeting                                          06/12/04
Access Committee                                                   09/12/04
Economic Development Committee Meeting                             09/12/04
Health Forum                                                       10/12/04
Planning Workshop                                                  15/12/04
Planning Committee Meeting                                         15/12/04
Extra Ordinary Meeting                                             15/12/04
Childcare DA Workshop                                              16/12/04
Council Meeting                                                    21/12/04

IMPLICATIONS

There are no financial, statutory, environmental, community or consultative implications
associated with this report. Council’s travelling costs are currently within budget.

RECOMMENDATION

That the report be received and the information noted.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                       Robert Maginnity
4.     1ST DUNGOG SCOUTS
       96/1


Précis:

Reporting on a request for financial assistance by the 1st Dungog Scouts Group.

                                          **********

Council is in receipt of the following correspondence from Mrs Jenny Robinson, Secretary of
the 1st Dungog Scouts:

     As you will be aware Dungog Scouts are a non profit organisation, who is intent on
     providing an invaluable service into developing our youth. Our scouting group has
     consisted of 4 members that meet one night a week for 2004 with the exception of
     school holidays when the hall is not utilised at all. And as such our use of Council
     services such as sewerage, garbage collection and water has been minimal.
     Therefore we ask for some consideration into possible re-evaluation of our Council
     rates for the past 12 months. We would appreciate you taking our circumstances into
     consideration when analysing our request.

This group has not previously asked for financial assistance in relation to rates and charges
from Council, and a check of rating records reveals that charges were levied for waste
collection $157 and sewerage (2 water closet charges) $646 for a combined rate charge for
2004/05 of $803. This amount has been paid.


IMPLICATIONS

Financial

Rates and Charges payable for the 1st Dungog Scouts amount to $803.00 for 2004/05.
Councils 2004/05 Sec 356 budget allocation is $6,000.

There are no other implications

RECOMMENDATION

That Council donate $803.00 to the 1st Dungog Scouts from the Sec 356 budget allocation.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                                        Robert Maginnity
5.        SUMMARY OF RATES & CHARGES COLLECTED
          96/1


Précis

A report showing outstanding rates and charges after the due date for the 2nd instalment, with
comparatives for the corresponding period in the preceding 4 years.

                                             *********

The schedule of rates and charges outstanding after the 2nd instalment due on the 30
November 2004 is attached as annexure “C”, and shows 55% of total rates receivable for the
year having been collected compared to 54%, 53%, 53% and 52% for the comparable
period in the 2004, 2003, 2002 & 2001 rating years respectively.

Total collections are marginally ahead of previous year’s comparatives with most individual
rate and charge types showing a collection rate above 50%. The percentage collected from
extra charges shows a negative result from a combination of factors relating to the rolling of
credit within the rates system. The balance outstanding for interest charges is the correct
amount and the negative result should be ignored.

The table below shows an analysis of the outstanding rates and charges in payment due
categories.

                                                                                        Curren
               Arrears   Arrears      1st          2nd          3rd          4th           t
 Rate Type                                                                                         Total
                Rates    Interest   Instal       Instal       Instal       Instal       Interes
                                                                                           t
General                                                                                           1,339,84
                14,049      1,451    22,558      112,099      592,566      595,742        1,053          7
Water            2,943      2,562     3,265       16,994       83,749       84,235          212    193,957
Sewer            2,579      1,181     1,411        8,531       69,620       69,945          136    153,403
Special
Sewer            4,145      1,421     2,228        6,255       18,122       18,247         200     50,617
HCMT             1,012        174       677        3,138       16,766       16,822          48     38,642
Garbage          5,956      1,702     4,573       21,908      101,160      101,436         330    237,065
Sanitary         1,279        755       651        2,147        6,486        6,486          47     17,850
UC/ WC               0          0         0        1,877        7,911        7,913           0     17,700
Extra
Charges         10,172      3,157            0            0            0            0        0      13,329
Total                                                                                             2,095,47
                42,602    12,419     36,049      176,125      910,648      915,179        2,056          0


IMPLICATIONS

There are no financial, statutory, environmental, community or consultative implications
associated with this report. The report is for information purposes only.

RECOMMENDATION

That the report is received and the information noted.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
      ANNEXURE "A" TO ITEM NO. 1 - EXECUTIVE MANAGER
          FINANCE & CORPORATE SERVICES REPORT

Hereunder is a schedule of amounts invested as at 30th November 2004.
Institution   Period     Due       Interest            Fund                 Amount
                         Date
LGIS          11 am     At Call    5.15%      Restricted Assets         $   350,000
LGIS          43days    11.01.05   5.43%      Dungog Water              $   801,683
                                              Dungog Sewerage           $   450,000
                                              Paterson Water            $   110,000
                                              Clarence Town Water       $   250,000
                                              Clarence Town Sewer       $   150,000
                                              Section 64 – Water        $   177,908
                                              Section 64 – Sewer        $    60,409
MMBS          30 days   17.12.04   5.70%      Section 94                $   554,378
                                              Section 64 – Sewer        $    33,000
                                              Dungog Sewerage           $   121,000
                                              Clarence Town Sewer       $    16,000
                                              Section 64 – Water        $    41,000
                                              Clarence Town Water       $    15,000
                                              Dungog Water              $    21,000
                                              Paterson Water            $    53,000
                                              Restricted Assets         $    95,622
MMBS          34 days   23.12.04   5.70%      Restricted Assets         $   550,000

MMBS          30 days   23.12.04   5.70%      Restricted Assets         $   200,000

MMBS          30 days   02.12.04   5.70%      Restricted Assets         $   150,000

IMB           30 days   08.12.04   5.51%      Restricted Assets         $     51,464
                                              Sec 94                    $     98,536
IMB           30 days   15.12.04   5.52%      Restricted Assets         $   300,000
IMB           32 days   20.12.04   5.51%      Restricted Assets         $   250,000
IMB           30 days   17 12 04   5 52%      Restricted Assets         $   400 000
IMB           43days    11.01.05   5.51%      Restricted Assets         $   250,000

CBA           30 days   10.12.04   5.38%      Section 94                $     64,589
                                              Section 64 – Water        $     88,773
                                              Section 64 – Sewer        $     95,598
                                              Developer – CT Sewer      $      1,040
CBA           30 days   15.12.04   5.38%      Restricted Assets         $   400,000
CBA           32 days   21.12.04   5.38%      Unexpended Loan           $   200,000

CBA           32 days   06 12 04   5 38%      Restricted Assets         $   250 000
BNP           1282      13.12.06   6.418%     Restricted Assets         $   500,000
              days                 FRN 90
                                    days


 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
NAB         31 days   06.12.04    5.39%    Restricted Assets          $     250,000

NAB         42 days   05.01.05    5.36%    Restricted Assets          $     150,000
NAB         30 days   17.12.04    5.37% Restricted Assets             $     300,000
                                                                      $    7,850,000

REPORT (Responsible Accounting Officer)

I hereby certify that the above Investments have been made in accordance with the Local
Government Act 1993, Local Government (Financial Management) Regulation 1993 and
Council’s Investment Policy.

                                             C F Deasey
                                             RESPONSIBLE ACCOUNTING OFFICER




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
INFRASTRUCTURE & ASSETS DEPARTMENT
MANAGER'S REPORT

                                                                             Greg McDonald
1.     BRIDGE OVER WILLIAMS RIVER
       DA276/04, 26/04


Précis:

Reporting on the proposal to construct a bridge over the Williams River.

                                            **********

Mr John Peoples submitted a Development Application to Council in September 2004 to
construct a bridge over the Williams River. The purpose of the bridge was to provide access
to his property being lot 8 DP 753208, off the Salisbury Road, Salisbury. Councillors have
already been advised of the history of this matter in a report in September 2004 by Kristy
Elliott.

The property is serviced by a public road (confirmed by the Department of Lands) from
Salisbury Road across the river. On the opposite side of the river the road becomes a crown
road.

As the bridge will be constructed on a public road, Council will be the owner of the bridge
following development. Further, Council’s planning staff require the Development Application
to be signed by Council as we are the owner of the land on which the development is to
occur.

Mr Peoples has been advised of the minimum requirements for the design of the bridge to
meet both Rural Fire Service requirements and Council requirements.

These minimum design requirements are that the bridge be:
      1.    a Culvert or Bridge having at least a 1 year recurrence interval
      2.    be at least 3m wide
      3.    have a minimum design loading of 44 tonne.

The applicant has already indicated that the bridge will be of concrete construction.

Council needs to determine whether it is willing to accept this asset and whether (having
accepted it) is it willing to replace the asset in the event that it gets damaged in a flood event
or deteriorates in the future. Council will also be liable for this asset.

IMPLICATIONS

Financial

There is an ongoing financial cost to Council to accept ownership of this asset and to take on
the liability that this asset will impose on Council. The asset will need to be added to
Council’s asset register and depreciation taken into consideration.

Statutory

The asset will be constructed on a Public Road and will become the property of Council. The
liabilities associated with this structure will become Council’s.


 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
Environmental

The bridge design will need to be approved by the NSW Fisheries before construction
commences.

Community

There are no community implications

Consultative

There has been consultation between the applicant and the Council in regard to this matter.


RECOMMENDATION

For Council determination.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                                                                Steve Hitchens
2.     VICTORIA STREET PATERSON
       97/13


Précis:

Reporting on proposed drainage works in Victoria Street, Paterson.
                                                                   **********

Background

A request was received from Mr Steve Gifford on behalf of three property owners (namely MJ
Bolton, IF Eyb and SA Gifford) for Council to inspect the drainage in Victoria Street from
Leggett’s Lane to the eastern end. This inspection revealed that a drainage culvert was
required under Leggett’s Lane at the Victoria Street intersection. It was also determined that
the drains at this end of Victoria Street were of insufficient depth to take the volume of
stormwater runoff required, especially through the driveways of the three residents.

It was therefore agreed by the three residents affected and Council Staff that if the residents
supplied the appropriate culverts, Council would install them whilst staff were in the area
installing the Leggett’s Lane pipes and opening the Victoria Street drain.

The proposed works are detailed in the sketch below:-

                                    ALB ER
                                          T

                                                                                                   AD
                                                            S TRE E
                                                                   T
                                                                                                 RO
                                                          L AN D
                                                 KS
                                          D J HIN




                                                                                             D
                                                                         M
                                                            ES




                                                                                           LAN
                                                                   IF & D
                                                                     EYB
                                                       IG PR




               VIC T O
                                                                                            IT




                                                                              SA & P
                      R   IA ST R                                            GIF FO RJ
                                                                                         MA




                                 E ET                                                D           THIS SECTION
                                                                                                    IS NOT
                                                             REPLACEMENT                         TRAFFICABLE
                                                               CULVERTS
                              NEW
                              CULVERT                                                             LE GEND
                                                         MA
                                               ANE




                                                      LEGGE    MJ
                                                            TT B & JR                              CULVERTS
                                                                OLT ON
                                        TT S L




                                                                                                   DRAINS TO
                                                                                                   BE WIDENED
                                    LE GGE




                                                                                          PATERSON

It was expected that the proposed works could be undertaken for approximately $2,500 and,
as the works are generally maintenance type works, funding was available from the Urban
Street maintenance vote.

A call was then received from Mr Ian Presland requesting an on-site inspection to discuss
other drainage issues in Victoria Street. Council staff met Mr Presland, who was
accompanied by Councillor Fairhall, to discuss the other drainage issues. It was suggested
by Mr Presland and Councillor Fairhall that kerb and gutter would be more appropriate to the
area.

As kerb and gutter would require capital expenditure, Councillor Fairhall requested a report
to identify possible funding of these works.

Kerb and Gutter


 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
The proposed installation of Kerb and Gutter would be restricted to the northern side of
Victoria Street and would involve the partial kerb and guttering of the property owned by
Hinks (driveway only) and then along the frontages of the properties owned by IG Presland,
IF & DM Eyb and partial frontage of the property owned by SA & PJ Gifford.

The proposed works are detailed in the sketch below:-

                                     ALB ER
                                           T




                                                                                                    AD
                                                             S TRE E
                                                                    T




                                                                                                  RO
                                                           L AN D
                                                  KS
                                           D J HIN




                                                                                              D
                                                                          M
                                                             ES




                                                                                            LAN
                                                                    IF & D
                                                                      EYB
                                                        IG PR
                VIC T O




                                                                                             IT
                                                                               SA & P
                       R   IA ST R                                            GIF FO RJ




                                                                                          MA
                                  E ET                   P ROP O
                                                                S E D K&
                                                                                      D           THIS SECTION
                                                                                                     IS NOT
                                                                            G
                                                                    CULV E                        TRAFFICABLE
                                                                           RT
                                                                     LAY B A OR
                                                                            CK
                               NEW
                               CULVERT                                                             LE GEND
                                                          MA




                                                ANE
                                                                                                    CULVERTS
                                                       LEGGE    MJ
                                                             TT B & JR                              KER B & GUTTER
                                                                 OLT ON


                                         TT S L
                                                                                                    DRAINS TO
                                                                                                    BE WIDENED
                                     LE GGE

                                                                                           PATERSON

The estimated cost for the kerb and gutter works (including only minor road works to connect
to the existing pavement) would be in the order of $12,000 plus property owner contributions.

Funding Sources

The following sources have been identified as possible areas of funding:-

‘C’ - Ward Works - Paterson - 04/05 Revised Vote                                            $ 12,849
Previously Allocated (Kings Wharf)                                                          $ 2,000
‘C’ - Ward Works - Paterson - Available funds                                               $ 10,849

Section 94 - Paterson - Plan 2                                                              $ 61,176

Section 94 - Paterson River - Plan 3                                                        $129,683

IMPLICATIONS

Financial
Financial implications are discussed within the body of this report.

Statutory - Environmental
There are no statutory or environmental implications of this report.

Community
This project would be beneficial to the residents in this section of Victoria Street.

Consultative
Further consultation with affected property owners will be required.

RECOMMENDATION

That Council determine the works to be undertaken and the funding source(s) to be utilised
for the works.


 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                           Greg McDonald
3.     EMERGENCY MANAGEMENT FUNDS
       288


Précis:

Reporting on the request to allocate funds to the Risk Management Study.

                                           **********

It is the responsibility of each Council through the Local Emergency Management Committee
to undertake the preparation of plans in relation to the prevention of, preparation for,
response to and recovery from emergencies in the local government area for which it is
constituted under section 29 of the NSW State Emergency and Rescue Management Act.

Dungog, Port Stephens, Cessnock and Maitland Councils have combined their resources to
address hazards that are similar to all these Council areas with the aim of resulting in a
combined Emergency Risk Management (ERM) Plan. The process of compiling the ERM
Plan will allow a systematic evaluation of disaster hazards, the associated risks, and identify
the means to effectively mitigate the impact of natural disasters in the Lower Hunter region.
The hazards addressed shall only be those that other agencies do not currently cover and
pertains to the management of the natural hazards that affect the Lower Hunter region such
as tornado, earthquake, fog, extreme cold, landslip/rock fall/mudflow etc.

This study shall include such elements as: community and industry vulnerability; geographic
location and topography; climate and climatic patterns; population and future projections;
economic base of the community; and history of previous hazard events.

The Council’s have been successful in obtaining two grants totalling $142,000. These grants
are funded 33% Federal funds, 33% State Funds and 33% from the recipients. As such the
four Council’s need to contribute approximately $47,000. This cost has been split so that
Dungog’s contribution will only be $7,000 while the other three Council’s will need to fund
$13,300 each.

Councillors may remember that a figure was originally in the budget for the completion of this
work however this was removed during the budget review. The funding made available from
these grants means that the four Council’s will now benefit by having a more complete study
undertaken that has efficiencies by covering all four LGAs. Dungog benefits by only
contributing a small fraction of the total cost of the project.

IMPLICATIONS

Financial

Funds are available from income received from the LPI for completing the Rural Addressing
program. These funds have not been allocated to any specific project to date.

Statutory

There is a requirement under the NSW State Emergency and Rescue Management Act for
Council’s to develop such plans.

Environmental

There are no environmental implications.


 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
Community & Consultative

A consultant will be engaged to undertake community consultation.

RECOMMENDATION

That Council allocate funds to the development of the Emergency Risk Management Plan to
a limit of $7,000.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                             Greg McDonald
4.     INDUSTRIAL LAND DEVELOPMENT
       107/14


Précis:

Reporting on the progress of the industrial land acquisition and the likely costs required by
Council to develop these sites.

                                          **********

Council is nearing the acquisition of the Common Road land and the Gresford Depot site
both of which have been identified as being required for future industrial land use. While the
final acquisition may still be some months off, staff have identified that there is a need to
secure loan funds for the development of this land when it becomes available.

To expedite this process, staff have undertaken preliminary estimates of the layout that may
be utilised at both of these sites to allow for costing predictions as one source of possible
funds may be loan funds and this may take some time to secure.

Common Road
This site is approximately 1.8 Ha and the initial plans undertaken indicate that approximately
10 lots of varying size (from 850 m2 to 2400m2) could be developed. The expected cost to
develop these lots is:

                                                       Total Cost
                        S64 – Water                        $ 26,500
                        S64 – Sewer                        $ 28,700
                        Demand Mgt                         $ 3,000
                        Water Main (150mm)                 $ 140,000
                        Sewer Main                         $ 100,000
                        Telstra                            $ 5,000
                        Electricity                        $ 20,000
                        Road Works                         $ 150,000
                        Survey and Legals                  $ 5,000
                        Stormwater                         $ 35,000
                        S 94                               $       0

                        Sub Total                          $ 513,200

                        Contingencies (10%)                $ 51,320

                        Interest on loan (2yrs
                                                            $ 42,080
                        @ 7%)

                        Total                              $ 606,600

The above estimates are based on the development of 10 lots and these costs could vary
depending on the final layout adopted by Council. Within the above costs are included the
cost to provide a 150 mm watermain to the development. The DPWS design guide requires
150mm mains to service industrial developments, however the previous developments within
this area have been limited to only 100 mm mains. The cost of the increased diameter pipe
would need to be borne by the developer or provided out of Section 64 funds.


 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
Gresford Depot
This site is approximately 0.7 Ha. No detailed design has been undertaken for this site,
however it is anticipated that 5 x 1000m2 lots could be developed from the site. The major
issue regarding the lot size is effluent disposal and this could be achieved by pump out as no
sewerage is available at present. The expected cost to develop this site is:

                                                       Total Cost
                        S64 – Water                        $ 13,250
                        Water Main (150mm)                 $ 120,000
                        Telstra                            $ 2,500
                        Electricity                        $ 10,000
                        Road Works                         $ 75,000
                        Survey and Legals                  $ 5,000
                        Stormwater                         $ 15,000
                        Rezonong costs                     $ 3,000
                        S 94                               $       0

                        Sub Total                           $ 243,750

                        Contingencies (10%)                 $ 24,375

                        Interest on loan (2yrs
                                                            $ 19,986
                        @ 7%)

                        Total                               $ 288,111


The costs above are provided to Council to give an estimate of the funds required to
undertake these developments.

Council has already expended funds on the purchase of the land (by other funding sources).
When these costs are added to the development costs, the following total costs are realised:

     Common Road        Total Land Cost             $ 90,000
                        Development costs           $ 606,600
                        Total cost                  $ 696,600
                        Number of lots                     10
                        Cost / lot                  $ 69,660
                        Estimated return / lot      $ 85,000
                        Return on investment             22%
                                                                 5
     Gresford           Total Land Cost              $ 42,857    ( /7 of $60,000 – original price)
                        Development costs           $ 288,111
                        Total cost                  $ 330,968
                        Number of lots                      5
                        Cost / lot                  $ 66,193
                        Estimated return / lot      $ 45,000
                        Return on investment            -32%

Council’s Economic Development and Tourism Officer has advised that a conservative
estimate for industrial land prices in Dungog would be $80,000 - $90,000, and that the price
of lots in Gresford would be likely to be around $45,000. As can be seen from the above
estimates, the Common Road lots are likely to ‘break even’ if the lots are sold for
approximately $85,000, however the Gresford lots are unlikely to return a profit at all. Clearly
the cost to provide 150mm water mains to the development (at approximately $24,000 / lot)
 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
is the limiting factor in this development. Council has already identified that a number of the
asbestos cement (AC) mains in Gresford and East Gresford will require upgrading in coming
years and this has been programmed for 2007/08. One option to reduce the costs would be
to charge the development only the extra cost difference in replacing these mains in 150mm
rather than 100 mm and hold these funds until the programmed replacement was due to
commence. The difference between these two costs would be in the order of $30,000 (a
saving of $90,000 to the development).

Recalculating the Gresford costs based on this philosophy results in the following:

                                                       Total Cost
                        S64 – Water                        $ 13,250
                        Water Main (150mm)                 $ 30,000
                        Telstra                            $ 2,500
                        Electricity                        $ 10,000
                        Road Works                         $ 75,000
                        Survey and Legals                  $ 5,000
                        Stormwater                         $ 15,000
                        Rezonong costs                     $ 3,000
                        S 94                               $      0

                        Sub Total                           $ 153,750

                        Contingencies (10%)                 $ 15,375

                        Interest on loan (2yrs
                                                            $ 12,606
                        @ 7%)

                        Total                               $ 181,731

     Gresford           Total Land Cost             $ 42,857    (5/7 of $60,000 – original price)
                        Development costs          $ 181,731
                        Total cost                 $ 224,588
                        Number of lots                     5
                        Cost / lot                 $ 44,917
                        Estimated return / lot     $ 45,000
                        Return on investment           0.1%

Council needs to consider whether it wishes to pursue development of the Gresford site at
this stage which may stimulate further development, but may not result in a profit to Council.

IMPLICATIONS

Financial

If both developments are undertaken and the cost of the water upgrade is split at Gresford
between the main replacement program and the development, the total funds required to be
borrowed will be $790,000 (rounded to the nearest $10,000) and split between the two
projects in the following proportions - $607,000 Common Road and $183,000 Gresford.

Statutory

There are no statutory implications.

Environmental

Environmental implications are discussed in the report.

 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
Community

There are no community implications.

Consultative

There are no consultative implications.


RECOMMENDATION

   1.      That Council undertake the development of these projects and that funding be
           sourced from loan borrowings in the 2005/06 financial year.
   2.      That the Gresford Depot site be charged the difference between replacing the
           existing water main in 100mm to the cost to replace them in 150 mm.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                                Greg McDonald
5.     MELBEE SUBDIVISION – Stage 4
       107/12


Précis:

Reporting on the status of Melbee Subdivision – Stage 4.

                                            **********

Council staff have undertaken the preliminary survey of the remaining land at Melbee in
order to develop the final plans for subdivision of the next group of lots for release.

Before undertaking the final plans however, staff require direction from the Council on the
facilities to be included or excluded from the development, particularly in relation to
pedestrian and vehicular linkages from the development to the rest of Dungog.

At present the whole development is serviced from Baird Street. With the new work to be
undertaken there is likely to be a further 15 lots created. These additional lots will increase
the demand on Council’s road network, and as has been discussed with Council previously,
there is a strong push within the community to link Rens Street to Carlton Avenue.

In addition, the culvert under the railway line is limited in its capacity and staff have already
identified that a series of detention basins will need to be constructed along the drainage
area to slow the flows, and reduce the incidence of flooding along the lowest section of Baird
Street. In high rainfall events, however, it will not be possible to ensure that Baird Street will
not be cut off on odd occasions due to flood waters.

Following complaints earlier this year regarding the dust from the unformed western end of
Rens Street, created by vehicles using this section of road to gain access to Carlton Avenue,
Council resolved to close the road, and to review the position of upgrading this section of
road when the development was ready to proceed.

Considering the number of properties that will be within the development and the fact that
this development is fully serviced by only one road, staff believe that a second alternate route
(that is also flood free) should be provided to reduce the traffic effect on the road.

Two likely options exist, being the extension of the existing Rens Street, or a link through to
Dowling Street.

A summary of the advantages and disadvantages of both follows:

Rens Street Extension
This option is likely to cost in the order of $110,000. The design for the road would require a
significant amount of fill to reduce the present steep grade. The link to Lord Street and
Carlton Avenue then onto Clarence Town Road is a more direct route for traffic heading
south out of Dungog, but does not provide a direct route into Dungog. Whilst not necessary
immediately, as future development occurs, it is envisaged that the intersection of Clarence
Town Road and Carlton Avenue would be improved.

Dowling Street
This route is longer and would need to take into consideration the greater catchment area. It
is estimated to be about 40 – 50% more in cost than the Rens Street extension, due to more
road, and the size of the culvert and batters that would need to be constructed.


 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
There is a road reserve at present, however there is no actual road constructed, and as this
section of road would be constructed further downstream than the Rens Street extension, it
would be subjected to higher flows from the greater catchment area. This route however
would provide a direct link to Dowling Street, and it is a logical extension of Dowling Street
into the Melbee Subdivision. In doing so of course, further intersection treatment at the Mary
Street and Dowling Street intersection would probably also be required.


IMPLICATIONS

Financial

The financial implications are discussed in the report.

Statutory

There are no statutory implications.

Environmental

There are a number of environmental implications that would need to be considered as part
of the design.

Community

There are community implications that have been identified in the body of the report.

Consultative

No consultation on this matter has been undertaken other that the meetings held earlier this
year regarding the closure of Rens Street.


RECOMMENDATION

That staff undertake the final design of Melbee having particular regard for the extension of
Rens Street as a two way through road to link up with Lord Street, and that the design
include a pedestrian link to Dowling Street at this stage, with allowance made for a road
connection at a later date.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                         Greg McDonald
6.     GEOGRAPHICAL NAMES BOARD
       201


Précis:

Reporting on the further submission from Cameron Archer to rename sections of Paterson to
Tocal.

                                          **********

Councillors will recall that there has been a number of reports regarding the renaming of
suburbs within the shire. The most recent report highlighted the fact that a submission had
been received from Mr Cameron Archer of Tocal College objecting to the name of Paterson
over land that had been in the ownership of Tocal.

Council resolved at the July 2004 meeting that the name ‘Tocal’ be included in the listing of
historical localities.

Mr Archer has written to Council requesting that the whole of Tocal college be within the
‘Tocal’ suburb.

The original report to Council by previous staff advised that the locality of Tocal could not
span two LGAs. Mr Archer’s letter advises that two localities can span a LGA boundary
provided the area is contiguous. This advice has been confirmed with the Geographical
Names Board (GNB). The GNB have also advised that if both the Council and land owners
affected are in agreeance with the change then they can make the necessary changes
without the need for further advertising.

The issue of the final boundary (if Council resolves to modify it) needs to be discussed
however as Tocal College owns a number of parcels of land. NSW Agriculture own all the
land shaded in the diagram below.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
The solid boundaries are the existing suburb boundaries showing Webbers Creek and
Paterson. At present the NSW Agriculture land is within the Paterson suburb locality. As
can be seen from the diagram, there are a number of properties under the ownership of
NSW Agriculture that front Webbers Creek Road. If Council were to consider a change to the
boundaries I would suggest that the dashed line in the diagram be used to separate Tocal
from Paterson. This boundary would allow the homestead and the majority of the land to be
within the Tocal locality but the properties fronting Webbers Creek Road would remain in
Paterson to maintain constancy along Webbers Creek Road when addressing properties.


IMPLICATIONS

Financial

There are no financial implications as the change will be undertaken as an administrative
task at the GNB office.

Statutory

The GNB will require a resolution of Council before undertaking the amendment.

Environmental

There are no environmental implications.

Community

There are no community implications.

Consultative

There are no consultative implications.


RECOMMENDATION

For Council consideration.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                        Greg McDonald
7.      MINUTES OF TRAFFIC AND ROADS SAFETY COMMITTEE MEETING
        119


Précis:

Reporting on the Traffic and Road Safety Committee meeting held on the 6th December.

                                           **********

Attached as Annexure ‘A’ are the minutes of the Traffic and Road Safety Committee meeting
held on the 6th December 2004.

There was one item of business raised in the meeting (Business arising) that may require the
Council to give further consideration to. Barry Baker raised the issue of the lack of Police
numbers in the Shire and his concern is that the numbers are decreasing. It is recognised
that this issue is greater than a traffic and road safety matter alone (although lack of policing
in these areas is certainly a concern to the committee). The recommendation of the
committee was that the Council express its concern to the State Member Mr Price regarding
this matter.

IMPLICATIONS

Financial

The costs of the works detailed in the report will be undertaken as funds become available.

Statutory

There are no statutory implications.

Environmental

There are no environmental implications.

Community

There are no community implications.

Consultative

There are no consultative implications.


RECOMMENDATION

     1. That the report be received and noted
     2. That Council expresses its concern to our State Member Mr John Price regarding the
        lack of Police numbers in the shire.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                          Geoff Parish
8.     PROPOSED WATER PROJECTS TO BE UNDERTAKEN FOR THE DUNGOG
       WATER SUPPLY IN 2004/05
       129/3

Précis:

Reporting on proposed capital works to be undertaken for the Dungog water supply scheme
in 2004/05.
                                      **********

Council at its meeting of the 21st September requested that a detailed report be provided in
regard to the capital works intended to be completed in the Dungog Water Supply in the
2004/05 financial year.

In 1998 the department of Public Works and Services on behalf of Dungog Shire Council
undertook a strategy study involving Council’s four water supply schemes. This report
involved comprehensive modelling of these water supply schemes. It identified deficiencies
within the current schemes, recommendations to address these deficiencies, and allowance
for growth of these schemes. Council staff have used this report as a basis to formulate its
capital works program.

Asset management information required to formulate a water mains replacement program
has only been collected for the last eighteen months, and as yet there is not enough
information available to enable staff to make informed decisions on implementing this
program.

Economies of scale would indicate that Council would benefit by initially delaying this
program whilst accumulating reserves, and at the same time gathering relevant information.
This will enable Council to benefit by replacing longer sections of water mains at a reduced
per metre rate, and also ensure that the right pipelines are replaced.

Deficiencies mentioned within the strategy report and current estimates to complete these
works for the Dungog water supply are tabled below:


            Description of Works                                                  Estimate
                                                                                      $
      Duplicate the 150mm pipeline from Lord St Reservoir to Rens Street          30,000
      Install 150mm water main in Rens St, between Lord St and Baird St           60,000
      Pressure boosting system for Hospital Road                                  30,000
      Extend water main from Moore St to Chapman St                               25,000
      Inter connect water main between Clarence Town Rd and Carlton Ave           10,000


These works are programmed for construction in 2005. The pressure boosting system for
Hospital Rd involves electrical, mechanical, and civil works which will be contracted
separately. All other works which are similar in nature will be offered as a combined tender
once suitable construction plans and specifications are completed.

IMPLICATIONS

Financial

These capital works will be funded from Dungog Water reserves.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
Statutory

There is an expectation that Council comply with their ‘Strategic Business Plan for Water
Supply’ in relation to minimum head pressures for their customers.
Reticulating dead end pipelines will help to ensure that the Australian Drinking Water
Guidelines 1996 (water quality) are complied with.

Community

The customers of the Dungog Water Supply Scheme will benefit from improved pressure,
flow rates and water quality.

Consultative

The NSW Department of Works and Services undertook comprehensive studies of Dungog’s
water and sewage reticulation systems in 1998. The Capital works program has been
compiled from recommendations contained within these reports.

RECOMMENDATION

That the information included in the body of this report be noted and received by Council.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                          Steve Hitchens
9.     WORKS PROGRESS REPORT
       184


Précis:

Reporting on construction and maintenance works.
                                         **********
Works carried out during the previous month:-

Road & Bridge Construction
Common Road K&G              -      Kerb, gutter and sealing works complete
Fosterton Road Rehab         -      Rehabilitation and sealing works complete
Whites Bridge                -      Bridge replacement complete
Tunnibuc Bridge              -      Bridge complete, roadworks to sub-base level, bridge
                                    open to traffic
Lowe Street K&G              -      Drainage works commenced
Union Creek Bridge           -      Batter protection, Heavy Patching and driveway
                                    reinstatement
Clarence Town Caravan Park-         Roadworks commenced

Gravel Road Maintenance
Gravel, Grade and Roll       -      Chichester Road
Grade and Roll               -      Allyn River Road, Salisbury Gap Road, Rumbels Road,
                                    Windeyer Street and Burton Street
Pipe Culvert Installation    -      Black Rock Road

Sealed Road Maintenance
Pothole patching works were carried out on Glen Martin Road, Dungog Streets, Glen William
Road, Wallarobba Brookfield Road, Paterson River Road, Welshman’s Creek Road, Allyn
River Road, Wallaringa Road, Sandy Creek Road, Hilldale Road, MR101, MR301 & MR7764
Chemical Vegetation Control -       MR101
Heavy Patching              -       Station Street, Chichester Road and MR7764
Bridge, Concrete and Other Maintenance Works
Spooner Bridge               -      Two Corbels replaced, Long Decking (part) replaced
Suspension Bridge Gresford   -      Two support rods replaced
Concrete Laybacks            -      Dowling/Hooke Street
Bullockeys Bridge            -      Spiker Plank replaced
Church Street                -      Kerb and gutter complete (Sundry Debtor)

Roadsides and Reserves
Roadside slashing was undertaken on MR301, Woerdens Road, Fotheringay Road, Erringhi
Street, Gaggin Street, O’Loughlin Street, Ceres Place, Purcell Place, Limeburners Creek
Road, Brentwood Estate, East Seaham Road, Glen William Road, Glen Martin Road,
Pinebrush Road, Wallarobba Brookfield Road, Welshman’s Creek Road, Wallaringa Road,
Martins Creek Road, MR101, Clarence Town Streets, Webbers Creek Road, Lennoxton
Road and Summerhill Road
In November the following Reserves were mown (the number of mowings is shown in
brackets):- Jubilee Park (2), Lions Park - Clarence Town Road (2), Lions Park (1), Lioness
Park (1), Orana Park (1), Tucker Park (1), Frank Robinson Memorial (1), Bennett Park (3),

 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
Bennet Park Surrounds (1), Bruyn Park (2), Dungog Showground (1), Gresford Sport
Complex (3), Coronation Park (2), Dungog Cemetery (1), Paterson Cemetery (1), Clarence
Town Cemetery (1), Dungog Lawn Cemetery (1), Skipline Park (1) and Kings Wharf Park (1).

Major Works to be undertaken in the next 3 months:-

The projected works are subject to change due to factors including (but not limited to) priority changes,
weather conditions and staff availability

Road Construction
MR101 - Gresford Road            -       Rehabilitate from Church Street to Sextons
MR7764 - Bingleburra             -       Rehabilitate pavement and replace sections of guardrail

Concrete Works
Kerb and Gutter construction -           Lowe Street Clarence Town
Kerb and Gutter construction -           Clarence Town Caravan Park


IMPLICATIONS
There are no financial, statutory, environmental, community or consultative implications of
this report.


RECOMMENDATION
That the report be received and the information noted.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                          Steve Hitchens
10.    TIMBER BRIDGE REPLACEMENT PROGRAM
       97/13


Précis:

Reporting on the Timber Bridge Replacement Program.
                                          **********

The Rolling Timber Bridge and Culvert Replacement Program was last reviewed by Council
in December 2000. The following priorities were adopted for the four years 2000-2004 in
conjunction with the Roads to Recovery Program:-

 PRIORITY             ROAD                      BRIDGE                  CURRENT STATUS
     1         Lennoxton                       1st Bridge                   Replaced
     2         Lennoxton                       2nd Bridge                   Replaced
     3         Lewinsbrook                    Lewinsbrook                   Replaced
     4         Punchs                            Punchs                     Replaced
     5         Quartpot Creek             Quartpot Creek Bridge           04/05 Budget *
                                                (1.4km)
       6       Upper Chichester                  School                   04/05 Budget *
       7       Webbers Creek              Cabbage Tree Creek            To be programmed
       8       Fosterton                         Whites                     Replaced
       9       Paterson River                Sheep Station                04/05 Budget *
      10       Black Camp Creek               Green Trees                 04/05 Budget *
      11       Allyn River                    Dip Crossing              To be programmed
      12       Horns Crossing               Horns Crossing                  Replaced
      13       Cross Keys                    Timber Culvert               04/05 Budget *
      14       Fosterton                         Leans                  To be programmed
      15       Upper Chichester              Past Tunnibuc              To be programmed


The following bridges have been budgeted for in the 2004/2005 year:-

      ROAD             BRIDGE           FUNDING              BUDGET             STATUS
                                        SOURCE
Chichester             Tunnibuc       FAG & Loan             $380,000           BRIDGE
                                                                               COMPLETE
Fosterton               Whites        Flood Damage            $84,000          COMPLETE
                                      & FAG
Quartpot Creek     Quartpot Creek     FAG                     $56,000
                   Bridge (1.4km)
Upper                  School         FAG                     $85,000
Chichester
Paterson River      Sheep Station     R2R                     $70,000
Black Camp           Green Trees      FAG                     $82,000
Creek
Cross Keys          Timber Culvert    FAG                     $30,000

Further investigations and calculations of the five remaining bridges to be replaced this year
have been undertaken. It is now apparent that the proposed budget for Sheep Station Creek
is inadequate for the required structure (being a minimum 13.0m span and 2.80m depth of
flow).

 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
It is therefore recommended that the following changes be made to the 04/05 Budget:-

   ROAD           BRIDGE         ORIGINAL         ORIGINAL       PROPOSED         PROPOSED
                                 FUNDING          BUDGET           FUNDING         BUDGET
Chichester        Tunnibuc     FAG & Loan         $380,000       FAG & Loan        $380,000
Fosterton          Whites      Flood               $84,000       Flood              $84,000
                               Damage/FAG                        Damage/FAG
Quartpot          Quartpot     FAG                 $56,000       FAG                 $60,000
Creek              Creek
                   Bridge
                  (1.4km)
Upper              School      FAG                 $85,000       FAG                 $90,000
Chichester
Paterson           Sheep       R2R                 $70,000       R2R & FAG          $143,000
River              Station
Black Camp         Green       FAG                 $82,000       FAG               Postpone to
Creek              Trees                                                             05/06
Cross Keys         Timber      FAG                 $30,000       FAG                $30,000
                   Culvert
                               Totals             $787,000                          $787,000

The full Rolling Timber Bridge and Culvert Replacement Program is attached as Annexure B.


IMPLICATIONS

Financial
The total budget figure for the bridge replacement program remains unchanged.

Statutory - Environmental
There are no statutory or environmental implications of this report.

Community
The Rolling Timber Bridge and Culvert Replacement Program is beneficial to the wider
community with less maintenance required on existing structures and a higher service level
achieved.

Consultative
Consultation with residents and the travelling public will be required on individual cases.


RECOMMENDATION

   1. That the amendments to the budgets for the timber bridge replacement program as
      detailed in the report be adopted; and
   2. That the Rolling Timber Bridge and Culvert Replacement Program (attached as
      Annexure B) be adopted.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                            Greg McDonald
11.    TOWN WORKS PROGRAM
       18/9, 18/10 and 18/11


Précis:

Reporting on the revised Town Works Programs.

                                            **********

Attached as Annexure C are the Town Works Programs as revised in December 2004.

IMPLICATIONS

Financial

Work will be undertaken as Town Works funding permits

Statutory

There are no statutory implications.

Environmental

There are no environmental implications.

Community

Community Implications will be dealt with individually with each project.

Consultative

Consultation will be dealt with individually with each project.


RECOMMENDATION

That the revised Town Works Programs be adopted by Council.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
                                                                            Greg McDonald
12.        PATERSON SPORTSGROUND LEASE
           79/5


Précis:

Reporting on the lease agreements for the Paterson Sportsground.

                                            **********

Further to the report put to Council in February 2003 where Council agreed to proceed with
the leasing of the relevant portions of land within the sportsground to the Golf Club and to the
Tennis Club, final lease documents have now been finalised.

The lease documents have been prepared by Council’s solicitor, reviewed by the Department
of Lands, revisions made following Department of Lands comments and signed by the
relevant sporting bodies.

The final step required is the signing of the leases by Council and the affixing of Council’s
seal to the lease documents.

A copy of each of the leases is attached as Annexure ‘D’.

IMPLICATIONS

Financial

There are no financial implications

Statutory

The affixing of Council’s seal requires a resolution of Council.

Environmental

There are no environmental implications

Community

There are no community implications

Consultative

There are no consultative implications


RECOMMENDATION

      1.     That Council affixes its seal to the Paterson Sportsground leases for both the
             Tennis Club and the Golf Club.
      2.     That the leases be signed by the General Manager and Mayor.




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
 ANNEXURE ‘A’ TO ITEM NO. 7 – MANAGER INFRASTRUCTURE &
                     ASSETS REPORT


TRAFFIC AND ROAD SAFETY COMMITTEE
MEETING
                                  10 am, 6th December 2004

Present
Greg McDonald, Geoff Warnick, Barry Baker, Terry Wilson, Allen Shrimpton

Apologies
Steve Low, John Price, Glen Schmidtke


MANAGER – INFRASTRUCTURE AND ASSETS REPORT

   1.      Wangat Trig Road – Give Way Sign

Council has received a request from a resident on Chichester Dam Road to replace the
existing Give Way sign on the intersection of Wangat Trig Road and Chichester Dam Road
with a Stop sign.

The request states that there are large logging trucks ‘flying’ through this intersection.

Police, RTA and Council representatives inspected the site on the 25th November and agreed
that the sight distance was very limited and that the existing Give Way sign and advanced
Give Way Sign should be replaced with Stop signs

TRAFFIC COMMITTEE RECOMMENDATION
That the existing Give Way sign and advanced Give Way sign at the intersection of Wangat
Trig Road and Chichester Dam Road be replaced with Stop signs.

   2.      Vogeles Road – Speed humps

In March 2000, Council received a request for the installation of speed humps in Vogeles
Road beyond the ‘White’ gate. At the time this section of Vogeles Road was an
unmaintained section of Council road. Council considered the request at the Traffic and
Road Safety Committee meeting and at Council’s Ordinary meeting held on the 18th July
2000, Council resolved “That residents be advised that a warrant does not exist for speed
humps on Vogeles Road because of:

   (1)     The low volume of traffic on Vogeles Road
   (2)     Its location outside the LATM zone.”

In August this year Council reviewed the extent of its rural unsealed road maintenance
program and Vogeles Road was extended to include the section detailed above.

Following the change to the maintained length of Vogeles Road, Council has received
another request for speed humps beyond the ‘White’ gate. There are approximately half a
dozen properties served by this section of road.
TRAFFIC COMMITTEE RECOMMENDATION
That speed humps not be placed on Vogeles Road due to the low traffic volumes.

 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
   3.      Hospital – Emergency Entrance

The Dungog Hospital is presently experiencing problems with traffic stopping in Hospital
Road to deliver patients to the Emergency entrance of the hospital. The width of the road at
this location does not allow sufficient room for vehicles to pass parked cars safely. The
section in front of the Hospital is signed with No Standing signs.

An inspection between Council staff, Police, RTA and Mr Kerry Muddle from the Hospital on
the 25th November highlighted that the ‘No Standing’ signs were not standard signs and
should be replaced with standard ‘No Stopping’ signs. Further it was identified that three
parking bays could be made available directly across the road (at the lookout) as emergency
drop off bays. Some discussion was had regarding the reshaping of the kerb in front of the
hospital to allow a drop off zone at the front door, however there were issues with the
utilisation of the footpath area and the need to remove a large sign, leading to high costs for
the hospital.

TRAFFIC COMMITTEE RECOMMENDATION
That the present two ‘No Standing’ signs be replaced with three ‘No Stopping’ signs directly
in front of the hospital and that three parking bays be marked and signed as 15 minute
emergency drop off points on the southern end of the lookout car park.

   4.      Road Safety Officers Report

PROMOTING SOBER DRIVING
• The RTA has agreed to fund one interagency campaign in 2004/05. This is the very
  successful Anti-Drink Drive project, where Council RSO’s work with the Highway Patrol at
  various stationery RBT sites. It will be run 4 times over the year. Dungog will have regular
  RBT as part of the project this year.
• RSO’s of Cessnock, Dungog, Port Stephens & Maitland & HWP of Lower Hunter LAC are
  involved.
• ADD will be conducted following the same format as last year.
• “Drink Without Dramas” has not been supported by the RTA for the year 2004/5. The
  RTA’s research has shown that there is no significant road safety benefit for young drivers
  in promoting the designated driver idea. Five of the local venues want to continue with it.
  They say while it may not work with younger drivers it works well with the over 30 year
  olds, which are the main drink driving problem group in Dungog.
• The Alcolizer is available as part of an ongoing roster to all clubs and pubs in DSC – LAC.

SAFE SEAT BELT WEARING
• “WEAR IT OR COP IT” -“NO BELT - NO BRAINS” .The Aluminium “BUCKLE UP EVERY
  TIME” signs are still erected at shopping and school parking areas. The feedback from
  outlying towns has been very appreciative. Based on community support and comment,
  this has been a very successful project.

URBAN STREET SPEED STRATEGY

   •    Traffic counters and the courtesy speed radar will confirm that the 85th percentile is
        more than 15 km/h above the posted speed limit at selected locations. The local Area
        command HWP has agreed to target these locations for increased enforcement.
        Editorials in the Chronicle will warn of the consequences of speeding. The RBT has
        just granted $10,000.00 towards the cost of our own courtesy speed check radar. The
        radar is installed on Fosterton road at the moment and has been used at roadwork
        sites.
   •    In future the RTA would like RSO’s to promote their safety messages in person to
        service clubs, sporting groups, Parents and Citizens groups etc. I have developed
        some short (about 20 minutes) road safety presentations that can be used for
        promoting road safety on a more personal level.
 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
CHILD SAFETY
   • The RTA guide for parents and carers of children 0 to 5 years has been distributed to
      Dungog playgroup. I have been invited to discuss road safety with all the playgroups
      in the shire early next year.
   • I will also distribute RTA, Kidsafe, and ATSB information to pre schools next year.
   • Distribute RTA brochures such as “SAFE SCHOOL TRAVEL BROCHURE” and to
      schools not involved in SRTS. Ongoing.
   • NOTE: The RTA only supplies SRTS schools with banners. So I am supplying all
      Primary schools in the Shire with supplies for their orientation days.

BICYCLE SAFETY
  •   PEDALFEST 2004. The event ran very smoothly and raised over $12,000.00
     GROSS. After expenses and donations to the SES, local Scouts, Dungog Netball,
     and Glen William School about $7,000.00 will be donated to the rescue helicopter.
  • The Bike Plan has been approved by the RTA and Dungog Council. 50% funding is
     available from the RTA for the building of shared pathways, which would also be of
     great benefit for our seniors.
  • I am liaising with John Hanlon of ARUP regarding cycle tourism in the hunter. I will be
     attending the AGM of the hunter cycling network on the 29th Nov.2004. 2004. Peter
     Clough is also very keen about the benefits of cycle tourism.

YOUTH SAFETY
  • I will be working with Tracy Lowrey to promote the “SAFE PARTY” MESSAGE to
     Dungog High School. These Safe Party packs has been developed by the Lake
     Macquarie police.
  • I have been invited to do a youth road safety presentation at the “YOU AND YOUR
     TEENAGER” seminars, which will be run again in 2005. They are a good way of
     promoting the GLS parent workshops.

NOTE: The 2 banner sites, where the banners are not stolen, are still displaying various road
safety banners. The other two sites are being changed. A new display sign board will replace
the banner poles at the entrance to Clarence Town.

TRAFFIC COMMITTEE RECOMMENDATION
That these items be submitted for Councils information.

Business arising

Sextons Corner – 70 km/h zone
The Traffic committee considered the issues regarding the 70 km/h design speed on the
corner at Sextons on the Gresford Road. As the corner can not be designed to a higher
speed, the committee considered the benefits and problems associated with a 70km/h zone
from Paterson to the 100km/h zone approximately 3km north of Paterson on the Gresford
Road. It was decided to refer the speed zone to the RTA for their consideration.

Traffic Control Plans for PedalFest
A Traffic Control Plan will be developed for PedalFest 2005. Council staff will endeavour to
have this completed by the March 2005 meeting.

Church Street / Gresford Road intersection, Paterson
The RTA advised that the above intersection only had a give way sign and that there was
limited sight distance. A Police representative inspected the sight prior to the meeting and
advised through the RTA that the give way sign be replaced with a stop sign. The committee
endorsed that recommendation.

Police numbers in Dungog Shire

 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
Barry Baker highlighted the lack of Police presence in the shire and the need from a number
of issues including community safety, assisting ambulance staff in attending incidents and
from a traffic and road safety point of view where there is a lack of speed enforcement,
Random Breath Testing etc. It was recommended that the Council express its concern to the
State Member Mr Price regarding this matter.


Next Meeting
Meetings for 2005 will be Monday 7th March 2005, 6th June 2005, 5th September 2005 and 5th
December 2005.

Meeting Closed 11.15 am




 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                2004 commencing 6.00pm.
              ANNEXURE ‘B’ TO ITEM NO. 10 – MANAGER INFRASTRUCTURE & ASSETS REPORT


                  ROLLING TIMBER BRIDGE & CULVERT REPLACEMENT PROGRAM AS AT DECEMBER 2004

     YEAR         ROAD              BRIDGE           CH.     EXISTING STRUCTURE               PROPOSED             PROPOSED       ESTIMATE    STATUS /
                                                                                              STRUCTURE             FUNDING                  COMMENTS
                                                                                                                    SOURCE
1    04/05   Chichester Road       Tunnibuc                    Triple Span Timber            Concrete Bridge       Fag & Loan     $380,000    Nearing
                                                                                                                                             completion
2    04/05    Paterson River     Sheep Station                 Single Span Timber      Conc Abts onto rock and      R2R & FAG     $143,000
                   Road                                           12.0m x 3.6m         concrete deck
3    04/05    Fosterton Road         Whites         10.1km     Single Span Timber      Single Lane Bridge Piles,   Flood Damage    $84,000    Complete
                                                                  10.2m x 4.2m         Concrete Abts and               & FAG
                                                                                       Concrete Deck
4    04/05    Quartpot Creek     Quartpot Creek     1.4km       Single Span Timber     Single Lane Concrete            FAG         $60,000
                  Road                                             10.6m x 4.2m        Bridge
5    04/05   Cross Keys Road     Timber Culvert     2.1km    Single Span Timber 6.3m   1800Ø Pipe Culvert              FAG         $30,000
                                                                      x 4.2m
6    04/05    Chichester Road   Chichester School   10.7km   Single Span Timber 9.8m   Single Lane Concrete            FAG         $90,000
                                                                      x 5.4m           Bridge
7    05/06   Black Camp Creek     Green Trees                   Single Span Timber                                     FAG         $85,000
                   Road                                            10.5m x 4.2m
8    05/06    Fosterton Road         Leans                     Timber on Conc Abts     Concrete Slab                               $25,000
                                                                   4.0m x 5.4m
9    05/06     Hilldale Road        Mannals                    Timber on Conc Abts     Concrete Deck                               $45,000
                                                                   7.3m x 5.3m         7.0m x 4.8m
10             Hilldale Road      Cherry Tree                   Single Span Timber     Single Lane Concrete                        $95,000
                                                                   11.5m x 3.8m        Bridge
11            Sheltons Road         Sheltons                    Single Span Timber     Single Lane Concrete                        $85,000
                                                                   10.5m x 4.0m        Bridge
12             Sandy Creek         2nd Bridge                   Single Span Timber     TBI
                                                                   11.6m x 3.6m
13                James              James                   Single Span Timber 8.5m   TBI
                                                                      x 3.9m
14             Chads Creek         1st Bridge                   Single Span Timber     TBI
                                                                   10.0m x 4.0m
15             Chads Creek         Packhams                  Single Span Timber 5.6m   TBI
                                                                      x 4.9m
16              Allyn River       Dip Crossing                  Low level concrete     High level concrete
                                                                     causeway          causeway



             Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December 2004 commencing 6.00pm.
                 ROLLING TIMBER BRIDGE & CULVERT REPLACEMENT PROGRAM AS AT DECEMBER 2004

     YEAR         ROAD              BRIDGE          CH.       EXISTING            PROPOSED          PROPOSED     ESTIMATE       STATUS /
                                                             STRUCTURE            STRUCTURE          FUNDING                   COMMENTS
                                                                                                     SOURCE
17              Woerdens           1st Bridge             Single Span Timber    TBI
                                                             10.3m x 5.1m
18             Main Creek            Mates                Single Span Timber    TBI
                                                             10.6m x 5.3m
19              Summerhill          Jordans               Single Span Timber    TBI
                                                              8.5m x 4.2m
20              Summerhill         2nd Bridge             Double Span Timber    TBI
                                                          7.7m + 8.3m x 4.0m
21              Chichester      1st past Tunnibuc         Single Span Timber    TBI
                                                              7.0m x 5.3m
22              Windeyer           Windeyer               Single Span Timber    TBI
                                                              9.9m x 3.8m
23             Myall Creek        Middlebrooks              Timber on Conc      TBI
                                                           Abts 9.5m x 3.6m
24             Glen William       Mary Carlton            Single Span Timber    TBI
                                                              9.4m x 6.5m
25             Main Creek            Gams                 Single Span Timber    TBI
                                                             11.0m x 6.9m
26           Cross Keys Road      Causeways

27              Woerdens         Wallaroo Creek            Low level Concrete   Medium Level
                                                              Causeway          Concrete Causeway
28            Mulconda Lane       Dip Crossing             Low level Concrete   Medium Level
                                                              Causeway          Concrete Causeway
29




            Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December 2004 commencing 6.00pm.
              ANNEXURE ‘C’ TO ITEM NO. 11 – MANAGER INFRASTRUCTURE & ASSETS REPORT


                                                  "A" Ward Works – Dungog: December 2004
PRIORITY            PROJECT NAME/LOCATION                       Min No         SOURCE OF FUNDS        STATUS/ACTION              ESTIMATED       ACTUAL
                                                                Council                                                            COST           COST
                                                              Meeting Date                                                            $             $
   1       Dungog Streets - Heavy Patching - Annual                          ‘A’ Ward             ONGOING                          10,000
           cointribution                                      16.11.99
   2       Advisory sign for cemetery                                                             Awaiting Lea Mitchell to          1,000
                                                              16.11.99                            provide Steve Hitchens
                                                                                                  with design for sign
   3       Dungog Community Centre Stage II                   16.11.99       ‘A’ Ward             Funds utilised on                 5,000
                                                                                                  collapsed roof
   4       Doug Walters Pavilion                                             Section 94 &
           -     Disabled Access                                             ‘A’ Ward             1 No action to date               5,000
           -     Outside Lighting                                                                 2 No action to date
           -     Guttering/Down pipes                                                             3 Complete
           -     Handrail steps to toilet                                                         4 Complete
   5       Blisters in Dowling Street                                        S94 and ‘A’ Ward     Blisters purchased,
                                                                                                  awaiting advise on
                                                                                                  installation location
   6       Bennett Park - Paint old kiosk - Replace gutters                  ‘A’ Ward                                                TBA
   7       Bruyn Park (was Bennett) - toilets & disabled      16.11.99       ‘A’ Ward             Estimate required
           access
   8       Dowling/Hooke Streets - median                     16.11.99       ‘A’ Ward                                               2,000
           Eloiza/Chapman Street median                                      ‘A’ Ward                                               3,500
   9       Main Street Study Improvements
           -     Mid-block crossings                                                              Removed from prg                   TBA
           -     Drainage                                                                          Req’d
           -     Chamber of Commerce                                                              Awaiting Chamber                  2,000
                                                                                                  requests
   10      Abelard/Hooke Street Improvements - Abelard        27975          ‘A’ Ward             Try to fit work in with Bike
           Street Footbridge                                  19.03.96                            Plan works - Estimate
                                                                                                  required
   11      Mark Parking Spaces in Hooke Street                               ‘A’ Ward + Traffic   Survey No. Car spaces
                                                                             Facilities           effected
   12      Jubilee Park Electric Barbecue - $1 coin                          ‘A’ Ward                                               10,000
           operated
   13      Common Road – 200m K&G & Associated                               Urban Rehab (FAG)    Being undertaken under           75,000 +
           Widening                                                                               Urban Rehabilitation           Contributions
                                                                                                  Program                        (est. $6,000)


                              Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                                             2004 commencing 6.00pm.
PRIORITY            PROJECT NAME/LOCATION                      Min No        SOURCE OF FUNDS              STATUS/ACTION          ESTIMATED       ACTUAL
                                                               Council                                                             COST           COST
                                                             Meeting Date                                                            $              $
   14      Hooke Street Kerb and Gutter - North side from                                              Design required
           Abelard to Eloiza
   15      Hooke Street Kerb and Gutter (86 & 88)                           ‘A’ Ward                   Design required             8,000 +
                                                                                                                                 Contributions
                                                                                                                                 (est. $1,500)
   16      Construct concrete path along north side of                                                 Mark bike-path on road        2,000
           Chapman Street between Dowling Street and                                                           or
           Pool for Special needs students at Dungog                                                   Concrete footpath            20,000
           School.
   17      Jubilee Park access from Brown Street (layback
           or gutter crossing)
   18      Stroud Hill Road/Fosterton Road                                  ‘A’ Ward                   Design Req’d
           -     Intersection realign junction
           -     Relocate power pole
   19      Drainage in Abbott Lane to stop stormwater                       ‘A’ Ward                   Letter sent to owners         TBA
           entering Mr and Mrs Fishers place 82 Mackay                                                 advising that possible
           Street                                                                                      source is A Ward Town
           Sealing of Abbott Lane Cul-de-sac (Bruce                                                    Works - Design required
           Williams letter of 15 March 2003)
   20      43 Myles Street - Link existing K&G either side                  ‘A’ Ward + Contributions   Design required             9,500 +
           of gully and associated drainage works                                                                                Contributions
                                                                                                                                 (est. $1,500)




                            Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                                           2004 commencing 6.00pm.
                                                  “B” Ward Works – Clarence Town: December 2004
PRIORITY   PROJECT NAME/LOCATION                                 Min No.         SOURCE OF FUNDS                 STATUS/ACTION           ESTIMATED    ACTUAL
                                                                 Council                                                                   COST        COST
                                                               Meeting Date                                                                              $
   1       Lowe Street - east side kerb & gutter from No 52                   Clarence Town Town Works      Scheduled for Dec 2004 to      52,000
           Lowe St to No 71 Queen Street.                                     & Subdivision Cont. $10,500          Jan 2005
   2       Soccer Club - Increase size of water service main                  Clarence Town Town Works            COMPLETE
           to the oval
   3       Village/Town Information Signage                                   Clarence Town Town Works          Estimate Required
   4       Swimming Club Club House                                           Clarence Town Town Works                                     10,000
                                                                              & Grant Funds
   5       Community Centre – Seal Car Park, construct                        Clarence Town Town Works             Design Req’d            10,000
           fence. Investigation and clearing.                                 & General Revenue             Fence complete
   6       Fencing of playground next to SOA Hall                             RSL grant                     Awaiting Grant Funding         2,500

   7       Marshall Street – east side kerb & gutter from No   27829          Clarence Town Town Works                                     38,000
           54 south to Queen Street kerb return                19.12.95
   8       Marshall Street reconstruction. King Street to                     Clarence Town Town Works                                     65,000
           Fotheringay Road.                                                  & Section 94 Contributions
   9       Footpath Queen Street – Rifle Street to Grey                       Clarence Town Town Works         Await Grant Funding       RTA 25,000
           Street.                                                            & RTA                         Application made to RTA      Town Works
           (Southern side @ 1.2m wide)                                                                                                     3,000
   10      Footpath Rifle Street – Queen Street to Prince                     Clarence Town Town Works       Include in Bike Plan and      28,000
           Street                                                                                            Queen/Rifle intersection
                                                                                                                       plan
   11      Dish drain at Clarence Town Museum                                 Clarence Town Town Works                                     2,000

   12      73 Durham Street – request for kerb & gutter to                                                   Design required - Link to
           frontage of property.                                                                             kerb and gutter in Duke
                                                                                                                     Street?
   13      Skate Ramp                                                         Police, HASS S&R Grants        Need to identify suitable
                                                                                                                       land
   14      Pre School Extend upgrade facilities to comply                     Pre School and Council         Need quote from builder      $30,000?
   15      Dish Drain prince and Grey Streets
   16      Boat Ramp level gravel area
   17      Establish pedestrian cycle access link between
           Wharf Reserve and Pony Club area
   18      Rehab Marshall Street from school to Fotheringay
   19      Bicycle track from Grandview to Sheriff St


                                  Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                                                 2004 commencing 6.00pm.
                                                    “C” Ward Works – Gresford: December 2004
PRIORI   PROJECT NAME/LOCATION                               Min No.         SOURCE OF FUNDS                 STATUS/ACTION    ESTIMATED         ACTUAL
  TY                                                         Council                                                            COST             COST
                                                           Meeting Date                                                                            $
  1      Road into Gresford Showground - Drainage,                        Gresford Town Works           Estimate Required
         footpath and guardrail
  2      Kerb & Gutter north side from Lostock/Gresford    27016          Gresford Town Works &                                  20,000
         Road east to existing kerb & gutter at No 146     08.03.94       Property Owner Contribution
         Durham Road.
  3      Kerb & Gutter south side missing link – Durham    27106          Gresford Town Works &                                  19,000
         Road.                                             08.03.94       Property Owner Contribution
  4      Kerb & Gutter north side from existing Gresford   27106          Gresford Town Works &                                  25,000
         kerb & gutter west to No 22 (opposite No 21)      08.03.94       Property Owner Contribution
         Church Street
  5      Kerb & Gutter Lostock Road west side Church                      Gresford Town Works &                                  32,500
         Street – Short Street.                                           Property Owner Contribution
  6      Kerb & Gutter Glendonbrook Road adjacent to                      Gresford Town Works &                                  16,000
         school and car park.                                             Property Owner Contribution
  7      St, Annes Church - New Park                                      Section 94 Plan

  8      Kerb and Gutter Church Street in front of No.11                  Gresford Town Works &                              5,000 + property
                                                                          Property Owner Contribution                             owner
                                                                                                                               contribution




                                Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                                               2004 commencing 6.00pm.
                                                   “C” Ward Works – Paterson: December 2004
PRIORI   PROJECT NAME/LOCATION                                 Min No.          SOURCE OF FUNDS            STATUS/ACTIO      ESTIMATED   ACTUAL COST
  TY                                                           Council                                          N              COST           $
                                                             Meeting Date
  1      Concrete Path to the school from the end of the                    Paterson Town Works            Estimate
         path opposite the school to the Webbers Creek                                                     Required
         Road
  2      Village/Town Information Signage                                   Paterson Town Funds            Estimate
                                                                                                           Required
  3      Footpaths, Kerb and gutter King Street                             Paterson Town Works            Design required     25,000

  4      Reconstruct, provide culvert, widen and seal 6m     27593          Subdivision    Contributions   Developer           35,000
         wide from Marquis Street to Count Street – Prince   09.05.95       Paterson Town Works            Contribution
         Street.
  5      Provide footpath/cycleway – Railway Station to                     Bike Plan                      Check access        28,000
         school                                                                                             committee
         (1.2m wide) - Pedestrian Bridge to Station
  6      Reconstruct and seal 6m wide from Prince Street     27593          Paterson Town Works            Developer           50,000
         to Johnstone Street – Count Street                  09.05.95                                      Contribution
  7      12 Main Street, Paterson – Kerb & gutter and                                                      Design required
         some underground drainage works.
  8      Sloane Street - North side - Gravel and seal                       Paterson Town Works                                7,000
         shoulder




                                Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 21st December
                                                               2004 commencing 6.00pm.
PLANNING DEPARTMENT
MANAGERS REPORT
                                                                    Tom Gaff
1.       MODIFICATION TO DEVELOPMENT APPLICATION 98/04 – LOT 15 DP 412070
         NO. 93 VIEW STREET, VACY
         171/80/1


Development Application No:                  98/04

Owner:                                       R L Bush

Applicant:                                   R L Bush

Land:                                        Lot 15 DP 412070, No 93 View Street, Vacy

Current Zone:                                1(c)

Proposed Zone:                               1(l)

Area:                                        2.392 ha

Proposal:                                    Art Studio, Extension to Existing Dwelling

Council approved this development on the 29th July 2004 with conditions of consent
attached to the development consent. The applicant subsequently made contact with
Council regarding dissatisfaction with some of the conditions of consent imposed by Council.

The application was originally assessed to enable the property to be open to the public for art
exhibitions thirty times per year, and conditions of consent were imposed to ensure the
amenity of the locality is maintained and that the development demonstrates a level of
compatibility with the rural residential lifestyle of the zone.

The applicant had applied for a modification to the development consent requesting some of
the conditions to be changed on the 7/10/2004.

On the applicant’s advice, the development is now proposed to be open for public art
exhibitions only four times per year, and the applicant has applied for modifications to amend
the following condition requirements:

Disabled Access,
Parking & Access requirements,
Hours of Operation.

The Planning Recommendation to the Ordinary Council Meeting of October 2004 was that
the modification be approved subject to conditions. Due to a request from the applicant at the
Council meeting of October 2004, the determination of this modification application was
deferred.

Council received a submission from Hunter Development Brokerage on the 2 November
2004 on behalf of the owners, requesting a Section 96 modification to the Application (DA
98/04) conditions of consent.

The submission suggests that the Development Application determination only relates to the
extension of existing dwelling, it does not relate to any other activities. The applicant states
that State Environmental Planning Policy 60 – Exempt and Complying Developments
 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December
                                  2004, commencing 6.00pm.
currently relates to the Dungog Local Government Area and supersedes Dungog Local
Environmental Plan 1990.

Home Occupations are defined under Schedule 3 of SEPP 60 as exempt from development
and include:

9.       The use of premises for an occupation carried on only by the permanent resident of a
         dwelling.
         (a) that does not require registration under the Factories, Shops and Industries Act
             1962; and
         (b) that is managed so that there is no interference with the neighbourhood (as
             identified by Clause 7(2)(b)(iii) of this policy).
         Clause 7(2)(b)(iii) states, “Interference with the neighbourhood because it is noisy,
         causes vibration, creates smell, fumes, smoke, vapour, steam, soot, ash, dust,
         wastewater, grit or oil.”

3.       Dungog Shire Council Draft Local Environmental Plan 2003 adopts SEPP 60 under
         Clause 24.1.

The applicant now states in the letter dated the 29/10/2004 that they propose to open to the
public approximately two to three times per year over the weekend. The remaining time the
area will be closed to the public, with only it only being used for the preparation of their
artwork.

The amended Section 96 Application to modify the consent, lodged on the 2/11/2004
requests the following conditions be removed from the determination:-

     -   Council is respectively requested to delete Conditions 1,2,3,4,5 under the heading “At
         All Times and Prior to Occupation”
     -   Condition 3 under “General”, and
     -   Conditions 1 & 2 under the heading “Prior to Construction Certificate”.

(These conditions are reproduced in full in the body of this report.)

The applicant considered that the above conditions do not relate to the proposed
development being an extension of an existing dwelling and are onerous and unwarranted on
the applicant.

Response to Hunter Development Brokerage

SEPP 60 was referred to within the original Draft Dungog Local Environmental Plan 2004,
under Clause 24.2 it identifies that SEPP 60 does not apply to land, which is in an
environmentally sensitive area, including land, which is in a Dungog Shire Bushfire Prone
Area. The proposed development is located on land mapped as Bushfire Prone; therefore
SEPP 60 does not apply to this proposed development. Under SEPP 60 clause 7 (3) Exempt
development cannot be carried out on: (c) land identified: (iii) in a development control plan.

SEPP 60 is not referred to in the current version of the Draft Dungog Local Environmental
Plan as Council has adopted on the 17th February 2004 an Exempt & Complying
Development Control Plan and on the18th May 2004, the Dungog Shire Wide Development
Control 2004 was adopted, and under the plan Part B, 1 & 2 Exempt & Complying
Development was included in the plan.

Under Council’s Sire Wide DCP clause 2.4.4 Local Control
Development is not exempt if it is:
(ii) on land identified in the Dungog Local Environmental Plan 2003, a Development Control
Plan or Council records as:
(h) being land identified on a map held by Council as may be bushfire prone.

The following is the response to the request for the removal of these conditions of
consent:
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
(The Conditions are highlighted in italics.)

1.     The development shall be used for the display of artworks that are produced by the
       property owners.

The proposal states that the extension is to be used for the preparation of their own artwork
only. The condition should remain.

2.     Hours of operation are as follows – 10am to 6pm.

The amended application states that they will only open approximately two to three times a
year on weekends, which differs from the previous Section 96 application. The hours of
operation could be amended as follows:

Hours of Operation to be as follows - 10am to 9pm Saturday, and 10am to 6pm Sundays.
The development shall not be opened to the public Monday to Friday.

3.     The development shall be opened to the public a maximum of 30 days per annum

The amended application states that they will only open approximately two to three times a
year on weekends. This condition could be amended to:

       The development shall be opened to the public a maximum of three weekends per
       annum.

4.     It is the applicants responsibility to ensure compliance with the requirements of the
       Disability Discrimination Act 1992.

Disabled Access is not required for a Class 1a building; however it was imposed due to the
original nature of the development. A development of the proposed modified (less intensive
nature) may enable the disabled access requirement to be removed. This condition could be
removed.

5.     The development shall not impose adverse impact on the amenity of the locality by
       the means of noise, artificial light, waste product or excessive traffic.

This condition is imposed to ensure the proposed development does not adversely impact
upon adjoining residential properties. The condition should remain.


6.     Vehicular footpath crossing between roadway and front boundary to be sealed
       including turnouts. To the satisfaction of Council’s Engineering Department.

Council's Engineering department has reviewed the proposal under the modified nature, and
has concluded the road access condition should remain as on the originally approved
conditions.


7.     The applicant shall submit to Council for approval plans and specifications of 4 car
       parking spaces with a minimum of 100mm thick compacted gravel.

Council's Engineering department has reviewed the proposal under the modified nature, and
has concluded that internal parking requirements may be removed.

8.     Submit to Council for approval a plan of the building to comply with the requirements
       of the Disability Discrimination Act 1992 (DDA).

Disabled Access is not required for a Class 1a building; however it was imposed due to the
original nature of the development. A development of the proposed modified (less intensive
nature) may enable the disabled access requirement to be removed.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
SUMMARY:

The application to modify the consent has been reviewed by Council’s Engineering and
Planning staff.

The original consent was issued to reflect the nature and possible intensity of traffic
generation and possible affect on the amenity of the neighbourhood of the proposed art
exhibitions.

The development in the proposed modified form presents less adverse impact on the
amenity of the locality, however does pose the possibility of additional traffic generation and
additional visitors to the site that would not be consistent with normal occupation of a rural
residential dwelling.

RECOMMENDATION:

That the modification be approved subject to the following conditions:
At All Times & Prior to Occupation

Condition 1 to remain

1.     The development shall be used for the display of artworks that are produced by the
       property owners.

Condition 2 to change to:

2.     Hours of Operation to be as follows - 10am to 9pm Saturday, and 10am to 6pm
       Sundays. The development shall not be opened to the public Monday to Friday.

Condition 3 to change to:

3.     The development shall be opened to the public a maximum of three weekends per
       annum

Condition 4 to be removed:

4.     It is the applicant's responsibility to ensure compliance with the requirements of the
       Disability Discrimination Act, 1992 (DDA).

       Note: Compliance with the Building Code of Australia does not necessarily meet
       requirements of the DDA.

Condition 5 to remain:

5.     The development shall not impose adverse impact on the amenity of the locality by
       the means of noise, artificial light, waste product or excessive traffic.

General

Condition 3 to remain:

3.      Vehicular footpath crossing between roadway and front boundary to be sealed
        including turnouts. To the satisfaction of Council Engineering Department.
Prior to Construction Certificate

Remove condition 1:

1.     The applicant shall submit to Council for approval plans and specifications of 4 car
       parking spaces with a minimum of 100mm thick compacted gravel.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
Remove condition 2:

2.    Submit to Council for approval a plan of the building to comply with the requirements
      of the Disability Discrimination Act 1992 (DDA).




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
                                                                       Tom Gaff
2.        A D & K B EVANS – LOT 17 DP 8819 NO. 36 CORY STREET, MARTINS CREEK
          DA 168/04


Development Application:                      168/04

Owner:                                        AD & KB Evans

Applicant:                                    AD & KB Evans

Land:                                         Lot 17 DP 8819 No 36 Cory Street Martins
                                              Creek

Current Zone:                                 2(a)

Proposed Zone:                                2(v)

Area:                                         1487 sqm

Proposal:                                     Conversion of existing garage to a general store

Issues:                                       Application is from a member of Council’s staff

Précis:

An application to convert an existing garage to a general store on a residential lot with an
existing dwelling was received on the 10/6/2004.

The development was advertised on the 14/7/2004, no submissions were received.

The application satisfies the objectives of the 2(a) residential zone and is compatible with the
residential environment.

Under Dungog Local Environmental Plan 1990 the development is permissible as advertised
development.

The application was assessed by Council’s Environmental health Officer for Compliance with
the Food Standards Code and appropriate conditions have been provided for the consent, in
the event that consent is granted.

Council’s Engineering Department assessed the application for parking, deliveries and the
loading and unloading of deliveries.

The existing garage will require additional construction requirements to meet compliance with
the Building Code of Australia, which will require a construction certificate to be obtained
prior to commencement.

Summary:

The proposal satisfies the objectives of the zone, is compatible with the residential zone and
if constructed in accordance with Council requirements will provide a service to the Martins
Creek community that is not currently available.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
RECOMMENDATION:

That the development be approved subject to the following conditions.

                  Attachment A - Conditions of the development consent

This consent is subject to the following conditions:-

At all Times and Prior to Occupation

1.     The development is not to interfere with the amenity of the locality by reason of the
       emission of noise, excessive traffic generation, artificial light or otherwise.

General

1.     All aspects of the building design shall comply with the applicable performance
       requirements of the BCA for a Classification of the building or structure so as to
       achieve and maintain acceptable standards of structural sufficiency, safety (including
       fire safety), health and amenity for the ongoing benefit of the community. Compliance
       with the performance requirements can only be achieved by:-

       (a)     complying with the deemed to satisfy provisions; or
       (b)     formulating an alternative solution which:-

               (i)     complies with the performance requirements; or
               (ii)    is shown to be at least equivalent to the deemed to satisfy provisions;
               or

       (c)     a combination of (a) or (b)

2.     All building work must be carried out in accordance with the provisions of the Building
       Code of Australia.

 3.    The applicant shall ensure that arrangements are made for the Principal Certifying
       Authority, Council or Private Certifier, to carry out MANDATORY CRITICAL STAGE
       INSPECTIONS of the building at the stages indicated as follows in bold.

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

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

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

       Note: MANDATORY CRITICAL STAGE INSPECTIONS are required to be carried
       out in order to ensure that an occupation certificate can be issued. In the event that
       any mandatory critical state inspection is not carried out, an occupation certificate
       cannot be issued.

       Clause 163, Environmental Planning & Assessment Regulation 2000.

4.     INSPECTION AT COMMENCEMENT OF BUILDING WORK.

5.     INSPECTION OF REINFORCING STEEL, when in position is required prior to
       pouring concrete for slab/s, swimming pools or walls.

6.     INSPECTION OF THE BUILDING OR STRUCTURE, WHEN COMPLETED, is
       required prior to occupation or use.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
      Note: It is an offence to occupy a building prior to the issue of an occupation
      certificate. Council may issue fines for the occupation of a building prior to an
      occupation certificate being issued.

      Occupation & Subdivision Certificates cannot be issued by the PCA unless all pre-
      conditions of development consent have been complied with. (Section 109E(3)(e)
      and Section 109H).

      THE PERSON HAVING THE BENEFIT OF THE DEVELOPMENT CONSENT OR
      THE BUILDER/OWNER BUILDER MUST GIVE FORTY EIGHT (48) HOURS
      WRITTEN NOTICE TO THE PRINCIPAL CERTIFYING AUTHORITY PRIOR TO
      COMMENCEMENT OF ANY BUILDING, DEMOLITION OR SUBDIVISION WORK.

 7.   The applicant shall comply with conditions of Development Consent No 168/04 dated
      > issued by Dungog Shire Council.

8.    The building shall NOT BE USED OR OCCUPIED until completed and conditions of
      consent have been complied with and an Occupation Certificate has been issued.

9.    An Occupation Certificate is to be obtained on completion of all works prior to
      commencement of the approved use. The Occupation Certificate will not be issued if
      any conditions of this consent are outstanding.

10.   A fire safety schedule pursuant to Section 168 of the EP & A Amendment Regulation
      2000 will be attached to the construction certificate which specifies the fire safety
      measures that should be implemented in the building premises.

11.   A fire safety certificate which certifies the performance of the implemented fire safety
      measures in accordance with Section 170 of the Regulation must be submitted to
      Council, and a copy to the Commissioner of New South Wales Fire Brigades. A
      further copy of the certificate must also be prominently displayed in the building.

12.   At least once in each twelve (12) month period, fire safety statements in respect of
      each required essential fire safety measure installed within the building are to be
      submitted to Council. Such certificates are to state that:-

      (a)     the service has been inspected and tested by a person (chosen by the owner
              of the building) who is competent to carry out such inspection and test; and

      (b)     that the service was or was not (as at the date on which it was inspected and
              tested) found to be capable of operating to a standard not less than that
              specified in the fire safety schedule for the building.

13.   ACCESS to the building shall be provided for DISABLED PERSONS in accordance
      with the provisions of Part D3 of the Building Code of Australia and AS 1428.1.
      Building Code of Australia Part D3.

      Reason: To ensure provision is made for disabled access to the building.

14.   For the purposes of sanitation, rodent proofing, vermin proofing and compliance with
      the relevant food regulations, all areas of the premises being used for or in
      connection with the receival, storage, preparation, display and sale of food are to be
      designed, constructed and equipped in compliance with the relevant requirements of
      the Food Standards Code.

15.   A freestanding hand wash basin shall be provided within the building. The basin shall
      be connected to a supply of running potable water and of a size that allows easy and
      effective hand washing.

16.    Liquid anti-bacterial soap and paper towels should be provided at the hand wash
       basin.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                 2004 commencing 6.00pm.
17.   The counter top shall be constructed of material that is hard wearing, unable to
      absorb moisture, grease and food particles and easy and effectively cleaned.

18.   The premises shall be used for the sale of tinned, packaged or bottle items only. The
      sale of other food products, including potentially hazardous food, or the preparation of
      food is not permitted unless the premises complies with the requirements of the Food
      Standards Code and AS4674.

19.   The developer is to provide a sealed and line marked on-site vehicle parking area at
      a ratio of 3.5 spaces per 100 square metres of Gross Floor Area. Details are to be
      submitted to Council for approval prior to the issue of any Construction Certificate for
      the development.

20.   The design and construction of the car park and accesses to be carried out in
      accordance with Australian Standard 2890.1. All vehicle ingress and egress to and
      from the development via Cory Street shall be in a forward direction. Design plans of
      the car parking arrangements to be submitted to Council for approval prior to issue of
      the Construction Certificate.

21.   Delivery vehicles for loading and unloading of stock are not to exceed 3.5t GVM.

22.   The provision of a sealed footpath and gutter crossing generally in accordance with
      Council's standard drawing for Private Entrance ref SD0006 (copy attached). All
      works to be approved by Council prior to release of the Occupation Certificate.


Prior to Commencement

1.    A Construction Certificate must be obtained.

2.    Provide detailed specifications demonstrating that the building will comply with the
      Building Code of Australia with regard to Fire Safety Measures Parts C, D & E.


During Construction

 1.   A sign must be erected in a prominent position on any work site on which work
      involved in the erection or demolition of a building is being carried out:-

      (a)    stating that unauthorised entry to the work site is prohibited; and

      (b)    showing the name of the person in charge of the work site and a telephone
             number at which that person may be contacted.

      (c)    identifying the Principal Certifying Authority and a telephone number at which
             that person may be contacted.

      Any such sign is to be removed when the work has been completed.

 2.   Approved toilet facilities are to be provided, at or in the vicinity of the work site on
      which the work involved in the erection or demolition of a building is being carried out,
      at the rate of one toilet for every twenty (20) persons employed at the site. The
      provision of toilet facilities in accordance with the Clause must be completed before
      any other work is commenced.

3.    A waste containment facility to Council's requirements is to be provided on the
      building site immediately after the first concrete pour for the building and is to be
      regularly serviced.


Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
      Council and the Environmental Protection Authority may issue "on the spot" fines if
      breaches of the Environmental Offences and Penalties Act, are detected.

      Note - your attention is drawn to your responsibility to control any litter arising from
      building works associated with this consent.

4.    All excavations and backfilling associated with the erection or demolition of a building
      must be executed safely and in accordance with appropriate professional standards.

5.    All excavations associated with the erection or demolition of a building must be
      properly guarded and protected to prevent them from being dangerous to life or
      property.

6.    ALL BUILDING MATERIALS, plant and equipment is to be placed ON THE
      BUILDING SITE. Building materials, plant and equipment (including water closets),
      are not to be placed on footpaths, roadways, public reserves etc.

      Council Policy.

      Reason:    To ensure pedestrian and vehicular access is not restricted in public
      places.

7.    During the COURSE OF CONSTRUCTION the applicant shall ensure that the
      building is provided with extinguishers, hose reels, hydrants, and booster connections
      (as applicable) in accordance with the provisions of Pat E1.9 of the Building Code of
      Australia.

      Building Code of Australia E1.9.
      Reason: To ensure that adequate fire fighting services are provided during the
      course of construction.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
                                                                              Kristy Elliott
3.       SALISBURY ROAD, MUNNI
         DA 143/04



Development Application:                    DA No 143/04

Owner:                                      Est EGF, MF, PF Smith & WF Wilson

Applicant:                                  Scott Crisp Maitland

Land:                                       Lot 1 DP 36674, Lot 1 DP 59470, Lot 51
                                            840505, Lot 2 DP 168353 & Lot 3 DP 923084,
                                            Salisbury Road, MUNNI.

Current Zone:                               Rural 1(b) Dungog Local Environmental Plan
                                            1990

Proposed Zone:                              1 (a) Rural Draft Dungog Local Environmental
                                            Plan 2003

Proposed Area:                              Lot 88        6.8 ha
                                            Lot 89        61.8 ha
                                            Lot 90        60 ha.

Proposal:                                    Consolidation and subdivision.

BACKGROUND

The Development before Council is a consolidation and subdivision into three lots, and
creating an additional dwelling entitlement (plan attached). The property is accessed via
Salisbury Road, with the proposed allotments all having access to the Williams River and
currently used for grazing. Proposed Lot 88 comprises about 6.8 hectares with river frontage
and contains a dwelling house. Proposed Lot 89 about 61.8 hectares with a disused dwelling
house. The allotment includes pasture improved river flats and the remaining land suitable
for grazing. Proposed Lot 90 is vacant land suitable for agricultural pursuits.

The dwelling house proposed to be on Lot 88 was approved (DA 200/01) in November 2001
as a Rural Workers dwelling, on the basis that the existing rural workers dwelling (the
disused dwelling on proposed Lot 89) be demolished, removed, or rendered permanently
incapable of human occupation. The new Rural Workers dwelling has been completed;
however, objections from the property owner at the time resulted in the existing Rural
Workers Dwelling remaining on site and capable of habitation.

The following is an assessment of the proposal pursuant to the provisions of the
Environmental Planning & Assessment Act.

PLANNING INSTRUMENT

The application has been submitted under clauses 20 & 21 of the Draft Local Environmental
Plan 1990. The creation of proposed Lot 88 with a dwelling house and approximately 6.8
hectares is permissible under the following clause:

Clause 21 – Consolidation of rural land



Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
21(1) Nothing in this plan prevents the subdivision of land within a rural zone on which a
dwelling house has been lawfully erected provided that:-
    a) one allotment to be created has an area of not less than 2 hectares and will be the
       allotment on which that dwelling house is erected; and
    b) any other allotment created is consolidated with another adjoining allotment and used
       for the purposes of agriculture or forestry with the allotment with which it is
       consolidated.
(2) Land that has been subdivided in accordance with subclause (1) shall not be subdivided
again under that subclause.

Proposed Lots 89 & 90 are permissible under clause 20 of the Draft LEP 2004, which allows
subdivision within a rural zone for the purposes of a dwelling house where each allotment is
greater than 60 hectares.

As the land comprises prime crop and pasture land the application was referred to the NSW
Department of Primary Industries (formerly NSW Agriculture). NSW Department of Primary
Industries provide the following comments:

   They support the proposed minimised area for the small lifestyle allotment and hence the
   increase potential for productive use of the remaining prime agricultural land. The
   location of the dwelling also decreases the risk of conflict with continued pasture
   improvement of the adjoining area. However they raise concern that the application may
   be increasing the number of riparian rights from 2 to 3 holding and hence increase the
   potential extraction of water.

   Access between both parts of proposed Lot 89 is assisted by the inclusion of a small area
   to the south of Salisbury road and east of the Williams River, and may be feasible to
   move cattle under the Munni Bridge, however it is preferable to establish a defined
   access route and river crossing point to minimise the risk of erosion. Access to both parts
   of Proposed Lot 90 relies on crossing Salisbury Road. The increased traffic on this road
   may consequently create grounds to further subdivide both holding and create an
   additional small lifestyle lot of prime agriculture land.

   Whether the proposal would support or conflict with zone objective seeking to protect the
   environment and encourage the productive use of prime agricultural land depends on
   whether it results in additional dwelling rights and hence increased potential to fragment
   and alienate prime agricultural land. NSW Department of Primary Industries advises that
   it supports farm boundary adjustments which do not create additional dwelling
   entitlements, increases the alienation of farmland in additional small residential lots or
   risk of conflict.

The Dungog Rural Strategy states that “future rural settlement must not increase the number
of allotments that enjoy ‘riparian rights’. In Community Title Development riparian lots must
be retained as community land and ensure community access. No easements to provide sole
and private access to water sources are to be created.”

The applicant states that there will be no increase water allocation created by Development
Application 143/04 as the existing allocation has been divided between the proposed lots.
However the proposal does not comply with this policy as it would increase the number of
riparian rights from two to three. All allotments created with river frontage acquire a general
stock and domestic water right. While the water allocation will not be increased as a result of
this subdivision, the amount of water permitted to be drawn from the river will increase with
the additional stock and domestic water right created.

The applicant argues that this Development Application should be assessed in conjunction
with Development Application 111/04. DA 111/04 is a subdivision on adjoining land in the
same ownership, which was determined by Council under delegation on the 19th October
2004. The application was for the consolidated nine portions, seven of which had river
frontage into four allotments, three of which enjoy riparian rights.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                   2004 commencing 6.00pm.
The seven portions within DA 111/04 with river frontage do not currently enjoy dwelling
entitlements and therefore would not obtain riparian rights. These portions should not be
counted as a riparian right for this application. This application should be assessed on a
stand-alone basis, which means that an additional riparian right is being created, which is
contrary to Council’s policy.

Council received a submission from Hills Solicitors on behalf of the applicant regarding the
Development Application. They raised the following comments:

   1. They state that there is no correlation between Council’s Rural Strategy – riparian
      rights policy and the Water Management Act. They would have anticipated that this
      would be a matter for DIPNR not Council regulatory policy.

Response: The Riparian Rights Policy is a Council policy it does not come under the Water
Management Act. Council is able to implement a policy that is not initiated by a State
Department or legislation.

   2. There is an overall reduction in land with river frontage under the Smith Estate.

Response: This has been addressed above.

   3. The Smith Estate have the benefit of a Water Licence issued by DIPNR.

Response: While there is a water licence for the entire property, every new lot created with
river frontage gain general stock and domestic water rights. This is in addition to any water
that can be drawn from the river under their water licence. Council’s policy is intending to
prevent the additional water from being drawn from the river for environmental flow reasons.

   4. Believe that Council’s policy should take into account existing licences and how they
      are dealt with, and be consistent with policies and procedures of DIPNR.

Response: Council’s policy does not currently take into account existing water licences as
this water is additional to the general stock and domestic water that is automatically obtained
with every new lot created.

In a subsequent letter from Hills Solicitors they are of the view that Council’s policy has no
application in this instance due to the presence of a water licence attached to the property.
There water licence which states that “The authorised pump may be installed on either lot
and the water used on either lot. Should the Licence holder wish to split or transfer part or all
of the application, it may be apportioned however the licence holder desires”.

They also state that the policy is unreasonable and unnecessary within the meaning of State
Environmental Planning Policy No. 1 and ought to be waived. They are of the view that
Council should approve the subdivision as there is more than adequate water available
without impacting upon environmental flows.

Response: See above comments regarding the water licence issue.

It is possible with an amended plan to remove the riparian right from the proposed small
lifestyle sized allotment, which does not require river access for agricultural pursuits. With
this amendment the application would not be contrary to the Rural Strategy and Council’s
policy.

The land is proposed to be zoned 1(a) Rural under the Draft Local Environmental Plan 2004.
The proposal would not be permissible as the minimum lot size in a rural zone is 60
hectares.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
INTEGRATED DEVELOPMENT

NSW Rural Fire Service:

A Bushfire Threat Assessment from Scott Crisp Maitland was lodged with the development
application.

The proposal was referred to the NSW Rural Fire Service on 21 May 2004 as Integrated
Development. A response was received on the 5 July 2004 stating that the NSW Rural Fire
Service is prepared to grant a Bushfire Safety Authority subject to the following conditions:

     1. Any future development application lodged for this subdivision under section 79BA of
        the EP & A Act will be subject to the requirements as set out in Planning for Bushfire
        Protection 2001.
     2. Access is to comply with Section 4.3 of Planning for Bushfire Protection 2001. This
        clause is to apply to the area within the development and may also include roads
        immediately abutting the development site.
     3. A tank with a capacity of at least 5,000 litres for a dedicated fire fighting supply shall
        be provided for each dwelling. A 65 mm or 38mm Storz fitting and ball or gate valve
        shall be installed in each tank.
     4. The proposed dwellings shall be sited such that the ‘Asset Protection Zones’ (APZ),
        required under Appendix 2 of Planning for Bushfire Protection 201 can be provided
        within the lots. The required APZ are not to be located on slopes greater than 18
        degrees.

This response is to be deemed the Bush Fire Safety Authority as required under section
100B of the Rural Fires Act 1997.

HERITAGE

The proposal is immediately adjacent to a Heritage listed building, in accordance with
Council’s policy the application was referred to Council’s Heritage Advisor. It was determined
that the curtilage and setting of Munni House would not be significantly affected by the
proposal or any new future development that may result from the proposal. No objections are
raised to the proposal on heritage grounds and no heritage impact statement is required.

PUBLIC INTEREST

The proposal was advertised in the Dungog Chronicle on Wednesday 26 May 2004. The
exhibition period extended from Wednesday 26 May 2004 to Wednesday 17 June 2004.
Adjoining owners were advised by mail in accordance with Council policy. There were no
submissions received.


RECOMMENDATION

The application be refused for the following reasons:

1.      The proposal does not comply with the Dungog Rural Strategy 2003 as an additional
        riparian right is being created.

2.      The creational of an additional riparian right is likely to lead to a precedential effect in
        the Shire.

3.      The proposal is not permissible under the Draft Local Environmental Plan 2004.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
                                                                                    Tom Gaff
4.     G CRAMP – LOT 134 DP 830930, HART STREET, CLARENCE TOWN
       DA 182/04


Development Application No                  182/04

Applicants Name                             Scott Crisp Maitland

Owners Name                                 Guy Cramp

Land to be Developed                        Lot 134 DP 830930 Hart Street, Clarence Town

Current Zone                                1(c) Rural (LEP 1990)

Proposed Zone                               1(l) Lifestyle (DLCP 2004)

Proposed Development                        Subdivision into 2 lots

Application Lodgement Date                  30th June, 2004


Background

Council received an application for a two lot subdivision of Lot 134 DP 830930, 17 Riverview
Close, Clarence Town. The proposal will create proposed Lot 135 with 1.222 ha being vacant
land with access via Hart Street, and proposed Lot 136 with 1.705 ha and an existing
dwelling house and access via Riverview Close.

An amended plan was received by Council on the 25 October 2004 to provide a larger
effluent disposal area for proposed Lot 135.

PLANNING INSTRUMENT

Dungog Local Environmental Plan 1990

Lot 134 DP 830930, is zoned 1(c) Rural Residential, and the proposed subdivision has been
submitted in accordance with Clause 30 (1) and (i) of the Dungog Local Environmental Plan
1990. This clause states that:

Council shall not grant consent to an application to subdivide land intended to be used within
Zone 1(c) or 1(d) primarily for the purposes of a dwelling house unless:-

       a) in the case of an allotment within Zone No 1(c):-
          where reticulated water supply is provided, or arrangements satisfactory to the
          Council have been made to provide such a supply, each allotment to be created
          will have a minimum area of 8,000 square metres and the average area of the
          allotments created by the subdivision will be not less than 1.5 hectares

Reticulated water supply is available for the proposed allotments. The proposal does not
meet the 1.5 hectare average lot size, with the average being 1.46ha. This is a variation of
2.4%, and the applicant has submitted and objection under State Environmental Planning
Policy No 1 to vary this development standard. It is within Council’s delegation to approve a
variation below 10%.

Clause 20 (4) under the Dungog Local Environmental Plan 1990 Council shall not consent to
a subdivision of land within 1(c) or 1(d) unless it has made an assessment of the following:


Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
   a) the availability of reticulated water services to the land, and if unavailable, the
      capacity of the land to provide an adequate domestic water supply.

The water main has been extended in Hart Street recently to serve these additional lots and
the developer will be required to pay developer charges.

   b) The ability of the land to accommodate septic disposal of household waste

The proposed allotments can accommodate household wastewater, however the new
allotment (Lot 135) is limited to an Ecomax disposal system due to a nearby water course
and shallow soils.

   c) The standard and capacity of public roads servicing the land, having regards to the
      likely volume of traffic to be generated as a consequence of the subdivision and the
      means available to improve roads to a standard appropriate to the level of traffic likely
      to be generated.

Access is via a 3 m wide gravel road and this is sufficient for up to 3 lots. The rural road
policy requires that the road be increased to 4 m for 4 lots. It is considered that the top
section of Hart Street (that services all 4 lots) would be 4 m in width and while this narrows to
3 m further down, this narrower section only services 3 or less lots and therefore no
additional road widening will be required as a consequence of this development.

   d) The availability of other utility services and social services, having regard to the likely
      demand for those services and the cost of their provision.

The proposed allotments will be serviced by reticulated water, telecommunications, overhead
power and Council’s garbage service. The payment of a Section 94 Contribution will cover
the provision for the additional demand on services by the additional dwelling.

   e) The size of the proposed allotments, having regard to what is, in Council’s opinion,
      the desirable sequence of the development of land within Zone Nos 1(c) and 1(d).

The size of the allotments in this instance has been governed by the requirements of the LEP
and is in keeping with the adjoining allotments.

   f)   The likely impact the development will have on other land and, in particular, on land
        located between the land being subdivided and major public roads and utility
        services.

This has been addressed by Manager Infrastructure & Assets and proposed conditions
applied.

   g) The nature and topography of the land having regard to the density of the subdivision

The proposed allotments have been based on the required minimum allotment size with
public road access.

   h) The desirability of maintaining a low density of development in the primary
      catchments of lakes and waterways, areas of high agricultural production potential or
      areas where intensive subdivision may create significant risk of soil erosion or
      pollution of the environment

The subdivision pattern reflects the need to take these factors into account.

   i)   The desirability of providing a range and mix of allotment sizes

The allotments within the area range from 1.2 ha to 3 ha, this is due to the average lot size
requirement and the topography of the area.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                 2004 commencing 6.00pm.
     j)      The need to maintain a semi rural character in the area, and

The allotment sizes reflect this requirement

     k) The purpose for which the land is intended to be used after subdivision.

The allotments are proposed to be used for rural residential type development.

Draft Local Environmental Plan 2004

The land is proposed to be zoned Rural Lifestyle 1(l) under Draft Dungog Local
Environmental Plan 2003. This zone allows for.

As the land is proposed to be zoned Rural Lifestyle 1(l) under the Draft Dungog Local
Environmental Plan 2003, Clause 29.2 stipulates that the council must not approve a
subdivision on land within a Rural Lifestyle l(l) or Rural Enterprise 1(e) zone unless:

          i) it is land with a total area of at least 3 hectares;

          Response – The land is 2.927 hectares

          ii) any lot to be created has an area of not less than 8,000 square metres;

          Response – The smallest proposed allotment is 1.222 hectares.

          iii)    only on Lot is greater than 4 hectares; and

          Response – There are no allotments proposed with an area greater than 4 hectares.

          iv)     the average area of the Lots to be created by the subdivision, excluding
                  Community Property Lots and the Lot nominated in 29.2 ii) above, is not less
                  than 1.5 hectares.

          Response – The current average lot size is 1.46 hectares, which is 2.4% lower than
          the average allotment size requirement.

Under this clause the proposed subdivision may be permissible with a SEPP 1 objection with
Council having the delegation to approve.

SEPP 1 objection

The applicant submitted an objection under the State Environmental Planning Policy No. 1 to
vary the average allotment size by 2.4%. The proposed allotments exceed the minimum lot
size of 8000 square metres and are consistent with the surrounding allotment sizes. The
proposed allotments are on the outskirts of Clarence Town and proposed to be zoned 1(l)
Lifestyle under the Draft Local Environmental Plan 2004. This area on the outskirts of town
has been identified as having a future development potential. Council has delegation to
approval SEPP 1 objections of less than 10%.

Integrated Development

The application was referred to the NSW Rural Fire Service on the 6 July 2004 as integrated
development. In a letter dated 27 August 2004 NSW RFS supplied a Bush Fire Safety
Authority as required under section 100B of the Rural Fires Act 1997 with the following
conditions:

1.     Inclusion of ‘leafless guttering’ or other mechanical means to be installed on the
       existing dwelling to prevent the build up of flammable material within the gutters.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                 2004 commencing 6.00pm.
2.      The property around the existing dwelling to a distance of at least 20 metres, shall be
        maintained as an ‘Inner Protection Area’ (IPA) as outlined within section 4.2.2 in
        Planning for Bushfire Protection 2001.
3.      Access is to comply with Section 4.3 of Planning for Bushfire Protection 2001. This
        clause is to apply to the area within the development and may also include roads
        immediately abutting the development site.

Effluent Disposal

Initial assessment of the proposal by Council’s Environmental Health Officer indicated that
adequate effluent disposal could not be achieved on Proposed Lot 135. An amended plan
was received by Council on the 25 October 2004 to provide a larger effluent disposal area for
proposed Lot 135. Council advised the applicant that even with the larger disposal area, the
proposed allotment could not adequately dispose of effluent. The applicant provided Council
with an assessment by Ecomax which shows that effluent disposal can be achieved with an
Ecomax system. An 88B Instrument requiring the use of an Ecomax system on Proposed Lot
135 is included in the recommended conditions of consent.

Public Interest

The proposed development was advertised in the Dungog Chronicle from the 7 July 2004 to
28 July 2004 and adjoining owners were notified by mail on the 6 July 2004. During the
exhibition period two submissions were received, the submissions raised the following
issues:

     1. The existing water service in Hart Street has very low pressure, there is concern that
        the additional connections will exacerbate the problem. There is also a concern that if
        there is a bushfire the additional lots will increase the risk of loss of life and property.
        Requests that the water service be upgraded if the application is approved.

Response: The water main has been extended in Hart Street recently to serve these
additional lots and the developer will be required to pay developer charges. The issue of low
water pressure by the complainants is due to them being close to the reservoir and not
having sufficient head. There is unlikely that an extra connection on this main will affect
water pressure significantly.

     2. Supports the provisions of the LEP and does not believe that it would be appropriate
        for Council to approve the subdivision with a SEPP 1 objection.

Response: The proposed variation 2.4% of the average lot size standard. The proposed
allotments are both well above the 800 square metre minimum allotment size requirement
within a 1(c) zone.

     3. The existing Hart Street access is a gravel road which currently services four lots, it
        has a steep grade and does not allow cars to pass as it is very narrow. Requests that
        Council or the applicant upgrade the road to a two lane width.

Response: Access is via a 3 m wide gravel road and this is sufficient for up to 3 lots. The
rural road policy requires that the road be increased to 4 m for 4 lots. It is considered that
the top section of Hart Street (that services all 4 lots) would be 4 m in width and while this
narrows to 3 m further down, this narrower section only services 3 or less lots and therefore
no additional road widening will be required as a consequence of this development.

     4. Believes that the Hart Street and Clarence Town Road intersection is dangerous. The
        intersection should be upgraded to safely handle the additional traffic generated by
        the proposed subdivision and the recently approved subdivision of adjoining Lot 134.



Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
Response: The total number of lots accessing Hart Street at present is three. There will be
one additional lot following the subdivision. Four lots is not considered to be a high number
requiring significant intersection works to be carried out on Clarence Town Road.

Summary

Council has received an application for a two lot subdivision of Lot 134 DP 830930, 17
Riverview Close, Clarence Town. The application is permissible with a SEPP 1 variation of
the average lot size, the SEPP 1 is within Council’s delegation to approve. The applicant has
provided information demonstrating adequate effluent disposal area with an Ecomax system.
Two submissions were received during the exhibition period, the issues raised have been
addressed with this report.

RECOMMENDATION:

Approval be granted for a two lot subdivision subject to the following conditions:

Prior to Release of Final Linen Plan.

1.     The following conditions are to be complied with prior to release of final linen plan of
       Subdivision by Council:-

2.     Inclusion of ‘leafless guttering’ or other mechanical means to be installed on the
       existing dwelling to prevent the build up of flammable material within the gutters.

3.     The property around the existing dwelling to a distance of at least 20 metres, shall be
       maintained as an ‘Inner Protection Area’ (IPA) as outlined within section 4.2.2 in
       Planning for Bushfire Protection 2001.

4.     Access is to comply with Section 4.3 of Planning for Bushfire Protection 2001. This
       clause is to apply to the area within the development and may also include roads
       immediately abutting the development site.

5.     Payment of cash contribution to Council in accordance with the provisions of Dungog
       Section 94 Contributions Plan 2004 adopted 29 September 2004 and operational 6
       October 2004.

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

       Clarence Town

       Sports Fields                                              $ 6,192
       Parklands                                                  $ 142
       Swimming Pool                                              $ 1,156
       Indoor Sports Facility                                     $ 1,220
       Local Community Centre                                     $ 445
       District Community Centre                                  $ 300
       Youth Venue                                                $ 238
       Arts & Craft Centre                                        $ 60
       Aged Facility                                              $ 217
       Library                                                    $ 674
       Pre-School                                                 $ 904
       Rural Sub-Arterial Road upgrades                           $ 412
       Rural Local Roads & Intersection Upgrades                  $ 1,866
       Bikeway Facilities                                         $ 197
       Fire Services                                              $ 1,256
       Section 94 Management                                      $ 885
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
      Administrative Building                                     $ 617

      Total                                                      $16,781 per additional Lot

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

      Advice: Copies of the Contributions Plan are available for inspection and purchase at
      Council’s Administration Centre, Dungog. The applicant and / or subdivider should
      contact Council prior to the payment to determine the rate of contribution as such
      rates are revised. Staging of payments is permitted if staging of the development is
      approved by the terms of this consent.

6.    Suitable arrangements being made with Country Energy to ensure that –
          [a] electricity will be available to each allotment created by the subdivision when
              and if development is proposed on the land;
          [b] that any transmission lines or other assets of Country Energy on private land
              be “protected” by an easement; and
          [c] where development requires the relocation of transmission lines or other
              assets, the applicant is required to make satisfactory arrangements with
              Country Energy for such relocation to be carried out.

      Reason: To ensure that the interests and responsibilities of Country Energy and
      Dungog Council with regard to the timely supply of power connections are satisfied.

      Advice: Country Energy is responsible for the supply of electricity to this land. The
      applicant must contact Country Energy on all matters concerning electricity supply.

      A letter from Country Energy stating that satisfactory arrangements have been made
      for the supply of electricity in the subdivision is to be submitted to Council, and
      accepted, prior to the release of the linen plan of subdivision.

7.    Suitable arrangements being made with Telstra to ensure that –
          [a] communication will be available to each allotment created by the subdivision
              when and if development is proposed on the land;
          [b] that any transmission lines or other assets of Telstra on private land be
              “protected” by an easement; and
          [c] where development requires the relocation of transmission lines or other
              assets, the applicant is required to make satisfactory arrangements with
              Telstra for such relocation to be carried out.

      Reason: To ensure that the interests and responsibilities of Telstra and Dungog
      Council with regard to the timely supply of telephone connections are satisfied.

      Advice: For details of arrangements pertaining to the land, applicants must contact
      Telstra direct.

      A letter from Telstra stating that suitable arrangements have been made is to be
      submitted to Council, and accepted, prior to release of the linen plan of subdivision.

8.    Submission of an original plan of survey by a Registered Surveyor and ten (10)
      copies to Council for subdivision approval.

      Reason: To ensure compliance with Council’s requirements.

      Advice: The final plans must conform generally with the subdivision proposal shown
      on the concept        plan submitted with the Development Application dated
      …………………. and incorporate Council’s requirements.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
      Council’s fee covers the cost of providing copies of the plan of survey to relevant
      internal Council departments and to Government departments as required.

9.    A designated Building Envelope, approved by Council, is to be delineated and fully
      dimensioned on each vacant lot on the final plan of survey, and a Section 88B
      Instrument submitted for Council’s acceptance that restricts building outside of the
      building envelope.

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

      Advice: A “building envelope” is a parcel of land suitable for the siting of a dwelling-
      house which is not subject to hazards, such as bush fire risk; erosion, landslip, poor
      drainage soil or slope constraints; flooding; vegetation / habitat values; wildlife
      corridors; scenic amenity; buffer areas, or the like, and –
              [i] is based on the principles of the NSW Floodplain Management Manual;
              [ii] is set back from a road at a reasonable distance so as not to result in
              creating a visual intrusion on the rural landscape;
              [iii] can be accessed by an all - weather road; and
              [iv] is capable of on-site disposal of domestic effluent.

10.   A Subdivision Certificate will not be issued nor the final plan signed and released by
      Council until all conditions of consent have been complied with to Council’s
      satisfaction.

      Reason: To ensure compliance with Council’s requirements.

11.   The subdivider shall install an entrance to each lot complying with the requirements of
      the council drawing titled “Private Entrance – Rural Gravel Roads – July 2000”. The
      entrance shall be constructed so as not to impede the flow of water in any table drain.

      Reason: To ensure that the development does not adversely effect the public road
      drainage system.

      Advice: Council’s engineering department must be contacted prior to entrance
      installation to determine the most appropriate point of entry.

      A copy of Council’s specification is available from Council’s Infrastructure & Assets
      Department. Access provision shall be incorporated in road design plans where
      these are required as a condition of subdivision.

      This condition may be satisfied by the submission of a bond for the works. Should
      the applicant choose this option, a quote for the works must be obtained from
      Council’s Operations Engineer.

12.   An application for a Compliance Certificate for each entrance is to be submitted to
      and approved by Council prior to release of the final linen plan of subdivision.

      Reason: To ensure the entrance is constructed in accordance with Council
      specification.

      Advice: The fee for the Compliance Certificate is $70.00.

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

      Reason: To ensure that property addressing is of a uniform nature.


Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
      Advice: A payment of $55 to Council for each lot created is required for rural
      addressing purposes.

14.   Payment of a water supply headworks charge based upon an additional 1 E.T
      (currently $2,595).

15.   A 20 mm water service line is to be connected to the development from Council's
      water main at the applicants expense.

16.   Prior to connection of the water service the applicant shall pay Council’s Demand
      Management contribution of $300.00

      Reason: To enable Council to fund the additional demand on the water supply
      provided by the Hunter Water Corporation.

17.   A Section 88B instrument shall be prepared by the owner and registered on the title of
      the land stating that any development on the land will require an Ecomax Disposal
      System for all wastewater disposal on the site. The disposal system shall comply
      with all relevant legislation and the Environmental & Health Protection Guidelines.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
                                                                  Lisa Schiff
5.       DEVELOPMENT APPLICATION NO. 221/04 – LOT 7 DP 11926 NO. 33 MOORE
         STREET, DUNGOG
         DA 221/04



Development Application No:                   DA No 221/04

Owner:                                        RJ MacIntyre

Applicant:                                    R & D MacIntyre

Land:                                         Lot 7 DP 11926, 33 Moore Street, Dungog

Current Zone LEP 1990:                        2(a) Residential

Proposed Zone Draft LEP 2004:                 2(a) Residential

Area:                                         1012 square metres

Proposal:                                     Childcare Centre / Preschool

Issue:                                         Public Submission

BACKGROUND

The proposal is to construct a brick veneer and iron building on Lot 7 DP 11926, Moore
Street, Dungog for the purpose of a Childcare centre/preschool. The building will consist of
three playrooms. The western playroom will provide care for twenty children between the
ages of three and six. The eastern playroom will provide care for five children ages ranging
from newborns to two year olds, and the centre playroom will provide care for sixteen
children between the ages of two to three years. Toilets, craft and a storeroom has been
provided with dual access. Also a laundry, cleaners room, office, storerooms and disabled
toilet have been provided.
The proposal also provides ample outdoor playspace and approximately 529 square metres
of impervious area.

The application proposes six full time staff members, with the hours of operation proposed to
be 7.00am to 6.00pm Monday to Friday.

Access to the site would be from the existing rear laneway, with 5 carparking spaces
provided on site at the rear of the block. It is anticipated that parents using the kerbside for
dropping and collecting children.

PLANNING INSTRUMENT

The site is currently zoned Residential 2(a) by the Dungog LEP 1990. The development is
permissible in the zone with the consent of Council. The objectives of the zone permit
development that serves the needs of the residential area, and ensures that a range of other
development is permitted provided that it is compatible with the residential environment.

The development of a childcare centre in this location is considered to achieve the objectives
of the current LEP 1990. The property is located in close proximity to the High School – in
fact just clear of the 40km speed zone. The property is serviced by a rear laneway which will
reduce the traffic impact on Moore Street. The shape of the allotment lends itself to a design
which maintains the residential character of the area as the street elevation of the building
presents much as residential dwelling would.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
The Draft Dungog LEP 2004 proposes to zone the site Residential 2(a). The objectives of
the proposed zone allow for a mix of community, service and employment activities which
are compatible in scale and impact with a residential environment. The zone objectives also
seek to reduce conflict through appropriate land use and development. The development as
proposed satisfies these objectives.

Environmental Impact

A natural water course traverses the site, generally within and along the Lots northern
boundary. The developer intends on piping the natural water course. This issue is dealt with
in detail in the Engineering comments that follow.

The site is surrounded by residential dwellings. The fact that the design of the building
maintains a residential projection to Moore Street benefits the locality by maintaining
character and scale.

There has been concern raised about noise generated from the development and the impact
on the locality. This is not considered to be an issue, either in terms of noise levels –
decibels, or in fact noise type. The sounds associated with children are normally expected
within residential development areas and in fact do reflect the life of the community.

The physical impacts of this development are more fully addressed in the engineering
comments that follow and are conditioned accordingly. The other impacts are considered to
be positive in nature.

Social & Economic Impact

It is considered that the social impact of the proposed development is positive in nature. The
centre will provide for an increased number of places available for childcare in the area and
will also provide a range of service not currently provided.

The economic impact for the community is potentially positive given the increased level of
service and the flexibility that will be offered to parents of small children. There have been
concerns raised however in submission relating to the impact of this development on the
existing Pre School and these impacts are stated in their submission to be adverse.

Suitability of the Site.

The site is considered to be suitable for the proposed development. The development fronts
Moore Street. Moore Street is fully sealed but will, if the development is approved, require
some line marking. Redman Lane is not formed for its full length between Hooke and Brown
Streets. This matter is more fully addressed in the Engineers comments on the development.
Proposed conditions of consent address this issue.

 As previously stated, the existence of Redman Lane is an advantage to the development. As
a consequence of the Child Care staff utilising Redman Lane to access their allocated
parking areas, Redman Lane will need to be upgraded with associated storm water drainage
to a one lane sealed formation with concrete edge strips.

The location of community facilities – schools - is logical within a residential area. All of the
other educational facilities in the area are located within the town boundaries. In the past,
school sites were zoned Special Uses.             Contemporary planning practice however
acknowledges that these types of facilities are more likely than not, located within residential
areas and therefore contemporary zoning permits these uses within residential zones.

It is considered that the site, subject to compliance with proposed conditions of consent is
suitable for the development.


Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
PUBLIC INTEREST

The application was advertised in the Dungog Chronicle from the 25th August 2004 until the
15th September 2004 and immediately adjoining owners were notified by mail in accordance
with Council policy.

Council extended the exhibition period until the 29th September 2004 due to requests from
the public. The extended exhibition period was advertised in the Dungog Chronicle on the 22
September 2004.

During the exhibition period 27 submissions were received, the submissions raised the
following comments regarding the proposed development:

   1. The Development Application is confusing and incorrectly advertised. There is not
      mention of the word Pre-school in the Dungog Chronicle advertisement. The cover of
      the DA states the address is Moore Road, which should render the application invalid.

Response: The application was originally advertised as a Childcare Centre on the 25 August
2004. The exhibition period was extended due to a request from the public. The additional
exhibition period was advertised in the Dungog Chronicle on the 22 September 2004, with
the Development described as a Childcare Centre/Preschool.

The Statement of Environmental Effects, Plans and the advertisement clearly identifies the
land on which the proposal is located. The Development Application has been advertised in
accordance with the Council requirements.

   2. The community plan states that there is a decrease in the population, the benchmark
      for preschool provision is one preschool per five thousand. The estimated population
      of Dungog is 3147, and the Shire of 8032. There are currently preschools in Dungog,
      Gresford, Paterson and Clarence Town. There are also twenty eight family homecare
      childcare places. Where are the additional forty-one places in the new facility coming
      from?

Response: The need for additional childcare services has been identified in the
documentation supporting the development application. The issue of direct competition is not
a matter for consideration under S 79c of the Environmental Planning & Assessment Act.

   3. The applicant states that there will be no buses to transport children to the proposed
      facility. This is discriminating against people living out of town that cannot afford to
      drive their children into town.

Response: It would not be expected to send a child between 0 and 6 on a bus to the centre.

   4. The proposal shows little consideration or provision for children with disabilities and
      restricted mobility. There is no indication of ramps or wheelchair access.

Response: This application has been referred to Councils access Committee and access for
disabled purposes will be required. This has been reflected in a condition of Development
Consent.

   5. Moore Street is zoned residential and in close proximity to the high school, service
      station and direct thoroughfare to the town, it is not plausible to have seven employee
      vehicles, and up to forty vehicles twice a day in Moore Street. Along with the
      additional traffic and pedestrian movements they cannot safely coexist, or meet
      DOC’s strict guidelines.

Response: As pointed out in the accompanying “Statement of Environmental Effects”
prepared by TG Thomas & Associates there will be six permanent staff and 41 children. Four
of those staff will utilise the upgraded Redman Lane for vehicle access while the other 3 will
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                    2004 commencing 6.00pm.
need to use Moore St. The developer will need to provide a safe drop off/pick up zone with
restrictive traffic signage in addition to appropriate line marking within Moore St.

Moore St and the surrounding road system would not be considered unsafe with the above
works carried out to the satisfaction of Council and considering a Child Care Centre would
allow early drop off of children from 7.30 and as late as 5.30 to accommodate working
parents.

   6. Concern regarding Council following correct protocol in the processing of the
      Development Application. Some people get a plan, while others are refused.

Response: It is difficult to ascertain the exact nature of this issue. Council staff provide
information in relation to Development Applications in accordance with the provisions of
legislation relating to privacy.

   7. Suggests that the following studies need to be undertaken prior to the consideration
      of the Development Application:
          - Social Impact Study
          - Statistical Analysis
          - Environmental Impact Study
          - Geo-technical Investigation
          - Traffic Management Plan
          - Emergency Impact Study
          - Acoustic Evaluation
          - Commercial viability

Response: The applicant consulted with Council prior to the lodgment of the application.
Information provided is considered sufficient to enable an assessment of the proposal to be
made.

   8. Does not believe that Dungog can sustain two similar services offering 65 places as
      well as family day care services. The proposed private childcare can offer discounted
      prices which will lead to the closure of the public preschool.

Response: The need for additional childcare services has been identified in the
documentation supporting the development application. The issue of direct competition is not
a matter for consideration under S 79c of the Environmental Planning & Assessment Act.

   9. Concern that because the proposal is for a private business, they will offer lower
      service levels just to make a profit, or sell the business to a company that won’t
      provide an adequate service.

Response: The issue is not a matter for consideration under S 79c of the Environmental
Planning & Assessment Act.

   10. Concern regarding the noise impact on neighbouring properties, with additional traffic
       and children playing outside.

Response: Noise from additional traffic (in particular if staggered unlike school buses) is
not considered an adverse effect.

   11. Concern with the drainage of the area, this allotment is a natural drainage for water
       off the hill above Moore Street. In heavy flows the pipes may lead to floodwater
       trouble area.

Response: The DA can be conditioned to minimise and ensure that storm water generated
from the development post does not exceed pre development flows for a 1 in 5 year storm
event.

   12. Concern that the proposed location is where an old tennis building was located
       containing asbestos, no child or person should be exposed to this contamination.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
Response: In accordance with the Contaminated Lands State Environmental Planning
Policy and Dungog Shire Councils Development Control Plan for Contaminated Lands, the
proponent was asked to provide a preliminary land assessment. This assessment is a
mandatory requirement where developments such as Child Care Centers are proposed and
inadequate knowledge is available on previous activities carried out on the subject site.

A preliminary assessment was undertaken by David Lane and Associates. The assessment
found that “there were no major potential issues associated with the site” and in relation to
testing carried out “No results were received which exceeded the relevant site acceptance
criteria”.

Considering the above no further investigation in relation to land contamination is
recommended for this development.

   13. Believes that there is a conflict of interest as a Council employee sold the land on
       which the proposed development is located.

Response: There is no conflict of interest in relation to this matter. There is nothing to
prevent any member of the public or Council Employee from selling land on the open market.
The sale was not conditional on Development Consent being granted.

   14. Concern that it is a residential area, not a commercial area and the proposal will
       devalue the surrounding properties.

Response: The zoning in the LEP 1990 and the Draft LEP 2004 allow for this type of
development in the zone. The use is not inconsistent with the zone objectives.

   15. Concern over the use of the laneway, submissions raised the following concerns:
          - What kind of movements are going to take place?
          - Will there be speed restriction and speed humps?
          - Will the lane be sealed?
          - Who will maintain the lane?
          - Will it be bi-directional?
          - Can it be used as an emergency exit?
          - There is a natural watercourse that the lane crosses, if interfered with will
             impact on adjoining neighbours;
          - Is the lane to be kerbed and guttered?

Response:
-    There will be a maximum of 8 vehicle movements per day;
-    Traffic Management Controls can be included in the recommended conditions of
     consent;
-    The lane will be conditioned for a single lane sealed formation;
-    Council will maintain the laneway;
-    Council would expect one way traffic movements from Brown to Hooke St;
-    The laneway can be used as an emergency exit;
-    Stormwater drainage works incorporating a detention system will be conditioned to
     minimise, restrict and delay stormwater leaving the site.
-    It is not necessary for the laneway to be kerbed / guttered. The minimum requirement
     will be concrete edge strips both sides of the single lane sealed formation.

   16. There could be an issue with garbage collection, if the nappies go into general waste
       collection. An odour and environmental waste impact study should be undertaken.

Response: It is permissible to dispose of nappies in the general waste collection. The DA
will be conditioned to ensure measures are taken to effectively control odour emissions from
waste bins.

   17. Does Council have any restrictions, similar to tradesmen, preventing people from
       beginning work before 7am?
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
Response: Council does not have a policy which restricts people beginning work before 7
am. The statement of Environmental Effects states that the hours of operation will be 7.00
am to 6.00pm. These hours of operation will be included in the recommended conditions of
consent.

   18. Believes that Council owns the Dungog Preschool building, questions whether this is
       a hidden agenda to close the preschool and sell the land.

Response: Dungog Shire Council does not own the Dungog Preschool. The land and the
building are owned by Dungog Preschool Inc.

One submission for the proposed development:

   1. Believes that the proposed childcare centre is long overdue. It provides a long day
      care service for parents who start work before 9am and don’t finish until after 3pm.

ENGINEERING COMMENTS:

This application is for the determination of a Child Care Centre to accommodate 41 children
on the above referenced property and as per the layout on the above referenced associated
plans.

A natural water course traverses the site, generally within and along the Lots northern
boundary. The developer intends on piping the natural water course generally in accordance
with the above referenced Stormwater Concept Plan. Final hydraulic design plans including
catchment calculations and downstream stormwater treatment works are to be submitted to
Council for approval prior to the issue of any Construction Certificate for the development.
Due to the site being located within a natural watercourse the stormwater pipes and
associated overland/secondary flow paths are to be designed to accommodate a 1 in 100
year storm event (subsurface drainage to be designed to a minimum of 1 in 20 year storm
event).

In addition to the piping of the easement the developer will need to create a 3.5 metre wide
Drainage Easement generally along and with the Lots northern boundary benefiting Council
for the full extent of the pipe works and Lot 7.

As a consequence of the creation of the 3.5 metre wide Drainage Easement Council would
not allow development within Drainage Easements. Therefore the section of 3 metre wide
decking on the Child Care Centre northern side will need to be removed.

ROADS AND TRAFFIC

External Roads and Traffic
The site has legal and practical vehicle access to and from Moore St (30.175 wide) and
Redman Lane (6.235 wide).

Moore St is fully sealed with upright kerb & gutter and associated stormwater drainage.

Redman Lane is not formed for its full length between Hooke and Brown Streets.

As a consequence of the Child Care staff utilising Redman Lane to access their allocated
parking areas, Redman Lane will need to be upgraded with associated stormwater drainage
to a one lane sealed formation with concrete edge strips. The cross fall of the new sealed
formation is to be a reversed formation back into the upside grade.
Furthermore, as a safety issue, appropriate line marking within Moore St will need to be
undertaken to the full frontage of the Lot. Appropriate line marking and restricted parking time
signage within Moore St to the frontage of the development can identify a drop down and
pick up zone.

The DA can be conditioned accordingly.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
Internal Accesses
To be provided by the developer to conform to Councils vehicle access/footpath crossing.

Design plans to be approved by Council prior to the issue of any Construction Certificate for
the development. All works to be approved by Council prior to the release of the Occupation
Certificate.

The DA can be conditioned accordingly.

Parking Design
To be carried out generally in accordance with the above referenced concept plans. Final
design plans conforming to AS2890.1 – “Car parking” certified by an appropriately qualified
person/company is to be submitted to Council for approval prior to the issue of the
Construction Certificate for the development.

The DA can be conditioned accordingly.

FLOODING AND STORMWATER MANAGEMENT
Flooding
The site would not be affected by flooding as such BUT would be affected by the natural
water course through the site.

Stormwater management
To be carried out generally in accordance with the above referenced Stormwater Drainage
Concept plans. Final hydraulic design plans with catchment calculations are to be submitted
to Council for approval prior to the issue of the Construction Certificate for the development.
All works to be approved by Council prior to the release of the Occupation Certificate.

The DA can be conditioned accordingly.

WATER SUPPLY SERVICING
The property can be serviced by Councils water main which is located in the middle of Moore
St. The developer will need to conform to Councils standard connection at no cost to Council.

The developer will need to contact Councils Water & Sewer Engineer – “Geoff Parish” for
final details of connection and costs.

The DA can be conditioned accordingly.

SEWER SERVICING
The property can be connected to Councils sewer main which is located along and within the
properties northern boundary. As a consequence of the siting of the Child Care Centre on the
Lot the developer may need to provide a new junction at no cost to Council.

The developer will need to contact Councils Water & Sewer Engineer – “Geoff Parish” for
final details of connection and costs.

The DA can be conditioned accordingly.

CONTRIBUTIONS
The following engineering contributions are to apply to the development:

Water Headworks
Sewer Headworks

Considering the above engineering comments the development can be supported subject to
the following engineering conditions and by amendment of the approved development plan.



Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
ENVIRONMENTAL SERVICES COMMENTS

Contaminated Land Assessment

In accordance with the Contaminated Lands State Environmental Planning Policy and
Dungog Shire Councils Development Control Plan for Contaminated Lands, the proponent
was asked to provide a preliminary land assessment. This assessment is a mandatory
requirement where developments such as Child Care Centres are proposed and inadequate
knowledge is available on previous activities carried out on the subject site.

A preliminary assessment was undertaken by David Lane and Associates and concluded
that “there were no major potential issues associated with the site” and in relation to testing
carried out “No results were received which exceeded the relevant site acceptance criteria”.

Considering the above no further investigation in relation to land contamination is
recommended for this development.

Summary

This application proposes a development that is permissible in the zone under the provisions
of the Dungog LEP 1990 and also the Draft LEP 2004. The development has generated a
high degree of public objection. In response to this a workshop was held on Thursday 15th
December 2004. Persons who made submission were extended an invitation as was the
applicant. These workshop sessions are often useful for, not only the Councillors but also,
for those persons who made submission because they provide the opportunity to clarify and
resolve issues in an informal workshop forum.

The development has been heavily conditioned, and it is considered that, in the main, the
concerns of the objectors are reflected in the proposed consent.

RECOMMENDATION

That Council resolve to grant Development Consent for the development of a Child Care
Centre / Preschool on Lot 7 DP 77926 Moore Street, subject to the following conditions:

                  Attachment A - Conditions of the development consent

This consent is subject to the following conditions:-

General

1.     All aspects of the building design shall comply with the applicable performance
       requirements of the BCA for a Classification of the building or structure so as to
       achieve and maintain acceptable standards of structural sufficiency, safety (including
       fire safety), health and amenity for the ongoing benefit of the community. Compliance
       with the performance requirements can only be achieved by:-

       (a)     complying with the deemed to satisfy provisions; or
       (b)     formulating an alternative solution which:-

               (i)     complies with the performance requirements; or
               (ii)    is shown to be at least equivalent to the deemed to satisfy provisions;
               or

       (c)     a combination of (a) or (b)

2.    All building work must be carried out in accordance with the provisions of the Building
      Code of Australia.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
 3.   The applicant shall ensure that arrangements are made for the Principal Certifying
      Authority, Council or Private Certifier, to carry out MANDATORY CRITICAL STAGE
      INSPECTIONS of the building at the stages indicated as follows in bold.

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

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

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

      Note: MANDATORY CRITICAL STAGE INSPECTIONS are required to be carried
      out in order to ensure that an occupation certificate can be issued. In the event that
      any mandatory critical state inspection is not carried out, an occupation certificate
      cannot be issued.
      Clause 163, Environmental Planning & Assessment Regulation 2000.

4.    INSPECTION AT COMMENCEMENT OF BUILDING WORK.

5.    INSPECTION OF REINFORCING STEEL, when in position is required prior to
      pouring concrete for slab/s, swimming pools or walls.

6.    INSPECTION OF FRAMEWORK, including roof members, wall ties, vermin wire,
      flashings and cavities, where applicable, is required prior to fixing of any internal
      sheets.

7.    INSPECTION OF STORMWATER DRAINAGE, prior to the covering of stormwater
      and drainage connections.

8.    INSPECTION OF WET AREAS, damp-proofing and flashing is required before lining
      or covering.

9.    INSPECTION OF THE BUILDING OR STRUCTURE, WHEN COMPLETED, is
      required prior to occupation or use.

      Note: It is an offence to occupy a building prior to the issue of an occupation
      certificate. Council may issue fines for the occupation of a building prior to an
      occupation certificate being issued.

      Occupation & Subdivision Certificates cannot be issued by the PCA unless all pre-
      conditions of development consent have been complied with. (Section 109E(3)(e)
      and Section 109H).

      THE PERSON HAVING THE BENEFIT OF THE DEVELOPMENT CONSENT OR
      THE BUILDER/OWNER BUILDER MUST GIVE FORTY EIGHT (48) HOURS
      WRITTEN NOTICE TO THE PRINCIPAL CERTIFYING AUTHORITY PRIOR TO
      COMMENCEMENT OF ANY BUILDING, DEMOLITION OR SUBDIVISION WORK.

10.   The applicant shall comply with conditions of Development Consent No 221/04 dated
      > issued by Dungog Shire Council.

11.   The building shall NOT BE USED OR OCCUPIED until completed and conditions of
      consent have been complied with and an Occupation Certificate has been issued.

12.   An Occupation Certificate is to be obtained on completion of all works prior to
      commencement of the approved use. The Occupation Certificate will not be issued if
      any conditions of this consent are outstanding.



Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
13.   A fire safety schedule pursuant to Section 168 of the EP & A Amendment Regulation
      2000 will be attached to the construction certificate which specifies the fire safety
      measures that should be implemented in the building premises.

14.   A fire safety certificate which certifies the performance of the implemented fire safety
      measures in accordance with Section 170 of the Regulation must be submitted to
      Council, and a copy to the Commissioner of New South Wales Fire Brigades. A
      further copy of the certificate must also be prominently displayed in the building.

15.   At least once in each twelve (12) month period, fire safety statements in respect of
      each required essential fire safety measure installed within the building are to be
      submitted to Council. Such certificates are to state that:-

      (a)     the service has been inspected and tested by a person (chosen by the owner
              of the building) who is competent to carry out such inspection and test; and

      (b)     that the service was or was not (as at the date on which it was inspected and
              tested) found to be capable of operating to a standard not less than that
              specified in the fire safety schedule for the building.

16.   No advertising sign and/or structure shall be erected as part of the development until
      a formal application has been submitted to Council and a development consent
      issued.

17.   ACCESS to the building shall be provided for DISABLED PERSONS in accordance
      with the provisions of Part D3 of the Building Code of Australia and AS 1428.1.

      Building Code of Australia Part D3.

      Reason: To ensure provision is made for disabled access to the building

18.   AAA rated dual flush toilets shall be installed.

      Advice: Required if new or replacement toilets are to be used.

19.   New or replacement bathroom or kitchen plumbing fixtures, showerheads, toilet
      cisterns are minimum AAA rated.

      Advice: Fixtures with AAA rating must achieve the following flow rates:
      -     Shower heads – 9 litres or less per minute
      -     Basins – 6 litres or less per minute
      -     Kitchen Sinks – 9 litres or less per minute

      Advice: Piping between hot water sources and taps should be insulated:

20.   Commercial or industrial properties shall install rainwater tanks that have a minimum
      capacity of 1,000 litres for every 10m2 in ground floor area.

      Advice: For multiple occupant developments with a common roof, each occupant is
      required to install a tank. Those that don’t have a common roof, each individual one
      shall have a tank installed:-
      The rainwater tank is to be attached to a physical structure that has a roof that will
      discharge into the tank;
      The rainwater tank shall be of an earth tone colour and blends into the surroundings.
      The rainwater tank shall be non-reflective:
      Rainwater tanks are to be placed behind the main property building unless suitably
      screened from the road;

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
       Tank stands shall have a maximum height of 450mm above ground. Area below
       shall not be enclosed or used for storage;
       Maximum installed height above ground level of 1.8 metres, including any stand if
       less than 900mm from side boundary, otherwise maximum height is 3 metres;
       All tanks and associated structures, including stands shall be installed in accordance
       with manufacturer’s/designer’s specifications;
       Tank stands shall not rest on footing of building or rely upon wall for support;
       Design of the rainwater tank should make provision for:-
       -        a rainwater storage volume, and
       -        an air space for additional stormwater management, which will be 15% of the
                capacity of the tank.
       An upper overflow equal to the inflow in capacity is to be installed at the top of the
       tank and a middle outlet of 20mm diameter set at the point representing 85% of the
       capacity of the tank. To allow for the emptying of 15% of the tank as detention water;
       The overflow is to be piped to the stormwater reticulation system, being the street or
       interallotment drainage. Where no stormwater reticulation system exists disposal is
       to be to a rubble drain prior to disposal in the natural water drainage. The rubble
       drainage (trench) shall have a cross sectional area of 600mm x 600mm and being
       one (1) metre long for every 25m2 of roof area drained thereto. Trenches are to be
       located three (3) metres clear of any building or lot boundary;
       Overflow connections are to be at sufficient height to ensure backflow does not occur
       and shall be vermin proofed;
       Any required pump is to be enclosed in a noise attenuating enclosure and shall not
       create a noise problem, which is typically regarded as being 5 dB above background
       noise levels. The pump must not be audible at the nearest residential property
       boundary between the hours of 8.00pm and 7.00am Monday to Saturday and 8.00pm
       and 8.00am Sundays and public holidays;

       Reason: Rainwater tanks provide for on-site detention of stormwater, which lowers
       the storm run-ff and so decreases local flooding.

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

       Reason: To ensure the works carried out associated with the development marry
       into adjoining existing works.

22.    Confirmation of the location and depth of the sewer main and connection point in
       relation to the floor level prior to commencement of works, to ensure that appropriate
       connection to the sewer can be achieved.

       Reason: To ensure the development can be connected into existing services.

23.    Sewer manholes are to be located and then protected for the duration of construction,
       to ensure that access is available at all times. The approval of Council is required
       should the level of the manhole need to be raised or lowered.

       Reason: To protect Councils current assets from development works.

Prior to Issue of Construction Certificate

1.     Submit to Council for approval plans endorsed and approved by the Department of
       Community Services.

2.    Prior to preparation of any engineering design plans, the consultant preparing the
      design plans will need to contact Council’s Manager Infrastructure & Assets to
      discuss the extent and scope of all works and details required on the design plans.
      Plans and works shall generally conform to the current AUSPEC publication and to
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
      good and current engineering standards. Some of the issues to be discussed and
      incorporated in the design plans include, but are not limited to, the following:

      -    Upgrade of Redman Lane and appropriate signage.
      -    Stormwater drainage works which includes the creation of a 3.0 metre
           wide
           Drainage Easement generally within and along the northern boundary of
           Lot 7.
      -    Stormwater drainage under and beyond the eastern boundary of Redman
           Lane and appropriate scour protection controls.
      -    Water & Sewer servicing connections and costs.
      -    Erosion & Sediment Controls in the construction phase.
      -    Line marking and appropriate restrictive and other signage in Moore
           Street to provide a safe drop off / pick up zone and signage with Redman
           Lane.

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

3.    A Construction Certificate is to be issued by the Certifying Authority prior to
      commencement of any works. The application for this Certificate is to satisfy all of the
      requirements of the Environmental Planning and Assessment Regulation 2000.

      Reason: Required by the Environmental Planning and Assessment Act.

4.    The submission to and approval by Council of a Practising Professional Engineer's
      design for the footings within the zone of influence of the stormwater drainage pipe.
      The design is to indicate the proposed method of protecting the stormwater drainage
      in accordance with Council's requirements.

      Reason: To ensure that Council assets are satisfactorily protected.

5.    The obtaining of a Certificate of Compliance under the Water Management Act 2000
      for water and sewer requirements from Dungog Shire Council as the Water Supply
      Authority. Contact with Councils Water & Sewer Engineer is recommended.

      Reason: Required by the Environmental Planning and Assessment Act.

6.    The payment to Council of contributions under the Water Management Act 2000. The
      contributions under the Water Management Act are adjusted to the amount applicable
      at the time of payment.

      Reason: Required by the Environmental Planning and Assessment Act.

7.    Payment of sewerage headworks charge based upon an additional 1 E.T (currently
      $2,810.00).

8.    Payment of a water supply headworks charge based upon an additional 1 E.T
      (currently $2,595).

9.    Prior to connection of the water service the applicant shall pay Council’s Demand
      Management contribution of $300.00

      Reason: To enable Council to fund the additional demand on the water supply
      provided by the Hunter Water Corporation.

10.   The control of soil erosion on the site and the prevention of silt discharge into
      drainage systems and waterways in accordance with Council's requirements. The

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
      design plans must be submitted to Councils for approval prior to issue of the
      Construction Certificate.

      Reason: To ensure appropriate environmental controls are in place.

11.   Separate approval from Council as the Roads Authority must be obtained under
      Section 138 of the Roads Act 1993 prior to the issue of any Construction Certificate
      which includes any works within a Council road reserve. For any such works, design
      plans must be submitted to and approved by Council prior to issue of the Construction
      Certificate.

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

12.   The provision of additional roads and stormwater works within the road reserve or
      Council’s land at no cost to Council necessary to ensure satisfactory transitions to
      existing work as a result of conditions of this consent. The extent of works required for
      this development will be determined by Council in conjunction with assessing the
      application under the Roads Act. Design plans for any such works are to be
      incorporated in the design for other roads and stormwater systems required for this
      development. Design plans must be submitted to Council for approval prior to issue of
      the Construction Certificate.

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

13.   The provision at no cost to Council of a single lane sealed formation with the
      possibility of using concrete edge strips and associated stormwater drainage within
      Redman Lane between Hooke Street and Brown Street in accordance with Council's
      requirements and the standards set out in AUSPEC. Final design plans must be
      submitted to Council for approval prior to the issue of a Construction Certificate.

      Reason: To ensure an appropriate standard of civil engineering works are carried
      out to current good engineering standards.
14.   The provision of a footpath and gutter crossing from the newly formed Redman Lane
      formation in accordance with Council's requirements. The design plans must be
      approved by Council prior to the issue of a Construction Certificate.

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

15.   The provision of traffic management facilities (line marking within Moore Street) to
      provide a safe drop off / pick up zone along the full Moore Street frontage of the
      development site to Councils satisfaction. Final design plans must be submitted to
      Councils for approval prior to issue of the Construction Certificate.

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

16.   Stormwater drainage works discharging from the site into a public system or public
      land require approval from Council under Section 68 of the Local Government Act.
      The extent of work must be determined by Council prior to issue of a Construction
      Certificate. All works are to be designed and constructed in accordance with good
      engineering practices and conform to AUSPEC standards. Final hydraulic design
      plans and details must be submitted to Council for approval prior to issue of the
      Construction Certificate for the development.

      Reason: To ensure an appropriate standard of civil engineering works are carried
      out to current good engineering standards.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
17.   Having regard to hard surface areas proposed, the capacity of Council’s downstream
      stormwater system and the need to retard the flow of stormwater in peak flow periods,
      an on-site-detention system shall be provided. Detailed plans ensuring that post
      development flows do no exceed pre development flows for a 1 in 5 year storm event
      must be submitted to and approved by Council prior to issue of a Construction
      Certificate. Where located below a driveway or built structure, the engineer is to
      certify that the on-site detention system has been designed to withstand all loads
      likely to be imposed on it.

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

18.   The design and construction of the car park and accesses in accordance with
      Australian Standard 2890.1. Certification of the design by a suitably qualified
      consultant is to be provided to Council prior to issue of the Construction Certificate.

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

19.   A Compliance Certificate for special footing/sewer main protection works is required
      for buildings over or within the zone of influence of sewer mains on or adjoining the
      property in accordance with Councils DCP 1 – “Guide for Building Over Or Near
      Sewers”. The Compliance Certificate must be obtained from Council prior to issue of
      the Construction Certificate.

      Reason: To ensure that Council assets are satisfactorily protected.

20.   All water and sewer services necessary to service the development must be provided
      in accordance with Council’s requirements. All services are to be designed and
      constructed in accordance with AUSPEC. Contact with Councils Water & Sewer
      Engineer is recommended to discuss costs and connection requirements before the
      final design plans and details are prepared and submitted to Council for approval prior
      to the issue of the Construction Certificate.

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

21.   The connection of the lot to the water supply and sewerage systems in accordance
      with Council's requirements and at the developer cost.

      Reason: To ensure the development has appropriate servicing.

Prior to Commencement

1.    A Construction Certificate must be obtained.

2.    The provision of a single all weather access way incorporating a vehicle shake down
      device within the property, extending from the existing kerb and gutter in Moore St to
      the building under construction so as to provide appropriate access to the site which
      will reduce the potential for erosion to occur and for materials to be tracked onto the
      road by vehicles in accordance with the requirements of Council.

      Note: Construction access is prohibited from Redman Lane and on-the-spot fines
      may be imposed by Council for non-compliance with this condition.

      Reason: To ensure appropriate environmental controls are in place.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
During Construction

 1.   A sign must be erected in a prominent position on any work site on which work
      involved in the erection or demolition of a building is being carried out:-

      (a)    stating that unauthorised entry to the work site is prohibited; and

      (b)    showing the name of the person in charge of the work site and a telephone
             number at which that person may be contacted.

      (c)    identifying the Principal Certifying Authority and a telephone number at which
             that person may be contacted.

      Any such sign is to be removed when the work has been completed.

 2.   Approved toilet facilities are to be provided, at or in the vicinity of the work site on
      which the work involved in the erection or demolition of a building is being carried out,
      at the rate of one toilet for every twenty (20) persons employed at the site. The
      provision of toilet facilities in accordance with the Clause must be completed before
      any other work is commenced.

3.    A waste containment facility to Council's requirements is to be provided on the
      building site immediately after the first concrete pour for the building and is to be
      regularly serviced.

      Council and the Environmental Protection Authority may issue "on the spot" fines if
      breaches of the Environmental Offences and Penalties Act, are detected.

      Note - your attention is drawn to your responsibility to control any litter arising from
      building works associated with this consent.

4.    All excavations and backfilling associated with the erection or demolition of a building
      must be executed safely and in accordance with appropriate professional standards.

5.    All excavations associated with the erection or demolition of a building must be
      properly guarded and protected to prevent them from being dangerous to life or
      property.

6.    ALL BUILDING MATERIALS, plant and equipment is to be placed ON THE
      BUILDING SITE. Building materials, plant and equipment (including water closets),
      are not to be placed on footpaths, roadways, public reserves etc.

      Council Policy.

      Reason:    To ensure pedestrian and vehicular access is not restricted in public
      places.

7.    During the COURSE OF CONSTRUCTION the applicant shall ensure that the
      building is provided with extinguishers, hose reels, hydrants, and booster connections
      (as applicable) in accordance with the provisions of Pat E1.9 of the Building Code of
      Australia.

      Building Code of Australia E1.9.

      Reason: To ensure that adequate fire fighting services are provided during the
      course of construction.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
Prior to Release of Occupation Certificate


1.    The obtaining of a Section 307 Certificate under the Water Management Act 2000
      from Dungog Shire Council as the Water Supply Authority prior to issue of the
      Occupation Certificate.

      Reason: Required by the Environmental Planning and Assessment Act.

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

      Reason: To ensure Councils assets are maintained at good engineering standards
      and expectations of its ratepayers.

3.    All kerb and gutter and road construction works must be approved by Council under
      the Roads Act as the Roads Authority prior to issue of the Occupation Certificate.

      Reason: Required by the Roads Act 1993.

4.    All works within a public road must be approved by Council under the Roads Act 1993
      as the Roads Authority.

      Reason: Required by the Roads Act 1993.

5.    The stormwater system with water quality control facilities to treat stormwater runoff
      from the development must be approved by Council under Section 68 of the Local
      Government Act prior to issue of the Occupation Certificate.

      Reason: To conform to Section 68 of the Local Government Act.

6.    The provision of Works as Executed information prior to release of the Occupation
      Certificate. The information is to be submitted in hard copy and preferably in
      electronic format compatible with “AutoCAD”. This information is to be approved by
      Council prior to issue of the Occupation Certificate.

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

7.    The developer shall create a Easement to drain water not less than 3.0 metres wide
      in favour of Council to provide for drainage through Lot 7 DP 11926 and generally as
      shown on the Approved Development Plan, as amended in red.

      Reason:        To     provide    for   stormwater     drainage    through    the    site.

8.    The design and construction of the car park and accesses in accordance with
      Australian Standard 2890.1. Certification of the construction by a suitably qualified
      consultant is to be provided prior to issue of the Occupation Certificate.

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

9.    All water and sewer works for the development must be approved by Council prior to
      the issue of the Occupation Certificate.

      Reason: To ensure appropriate servicing of the development.


Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
                                                                  Lisa Schiff & Jenny Rand
6.     CLARENCE TOWN LOCAL AREA PLAN
       171/80/1



The Clarence Town Local Area Plan workshop was held at the Clarence Town Bowling Club
on 22 April 2004. The workshop was very well attended, with 130 people registering their
names and over 180 in attendance. In spite of the large attendance at the workshop (to the
credit of the participants) it was very useful, and many of the views raised were reflected in
the Draft LAP.

In letters sent to each of the persons that attended the workshop, an invitation to contact
Jenny Rand was extended. It was considered that this would ensure that concerns could be
raised and discussed in addition to the opportunity to write formal submissions. A number of
people took advantage of this opportunity.

The Draft LAP was placed on exhibition for Public Comment on 16 August 2004 for a period
of 28 days. This is the advertising process appropriate for a Development Control Plan
During this period ten (10) submissions were received. The submissions have been
summarised in the table below, together with the comments of the consultants and any
subsequent changes recommended.

We are advised that the Draft LEP is close to finalization and prior to any rezoning
applications being received, the specific LAP must be in place. We have received a number
of requests for this LAP by people wishing to develop property within the proposed Clarence
Town Investigation Zone.


RECOMMENDATION:

That Council adopts the Clarence Town Local Area Plan.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
Submission    Area    Issue                                   Response                                Change
9 Sep 2004    H3      Lot 2022 is unsuitable for              Only the eastern part of Lot 2022       Flooding & Slopes
                      subdivision as it is a steep area       has been identified as possibly         constraints to be noted in
                      with numerous gullies. These            suitable for development. A             report
                      gullies/watercourses carry large        detailed land capability
                      volumes of water during heavy           assessment would be required as
                      downpours causing local flooding.       part of the development process,
                                                              with slopes and hydrology being
                                                              some of the factors considered.
              H3      There is a permanent creek that         Impact of development on the local      As above
                      runs through the eastern end of Lot     hydrology would need to be
                      2022 provides water to the entire       assessed as part of a Land
                      paddock in dry times. A subdivision     Capability Assessment prior to any
                      would take water away from the          development.
                      rest of the property
              H3      The LAP states that development of      Any development would be subject        LAP changed to include the
                      the eastern side of Lot 2022 would      to a traffic study. Lot 45 at the end   need for a traffic study for
                      be possible with access via Gaggin      of Gaggin Street is a battle axe        this land
                      Street North. There is concern that     block, with the 'handle' being the
                      this would lead to an increase of       same width as Gaggin Street. It
                      traffic in narrow street, and would     may be possible to buy the 'handle'
                      only be possible by demolishing an      to provide access both to Lot 45
                      existing house at the northern end      and the eastern side of Lot 2022
                      of Gaggin Street.
              H2      Lot 2023 is prone to flooding.          Noted - Lap recommends no               Nil
                                                              development or subdivision of Lot
                                                              2023 as it has very high scenic
                                                              value.
              H2 &    Lots 2022 & 2023 are viable             Visual importance of Lots 2022          Nil
              H3      agricultural land, with any             and 2023 noted in LAP, with LAP
                      subdivision spoiling the rural aspect   recommending no further
                      of the area.                            development as a result of this.
6 Sept 2004   A       Objects to the proposed subdivision     Area would be subject to detail         Nil
                      of the land situated at the South       land capability assessment as part
                      boundary of the Parish of Horton        of the development process. This

                   Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                                   2004 commencing 6.00pm.
                      County of Gloucester with frontage   assessment would determine the
                      on the north, west and south to      'carrying'' capacity of the land
                      Williams River into land areas of    given the physical characteristics
                      less than 7 hectares. The river      of the site.
                      frontage land is subject to severe
                      flooding.
               A      The land within the pondage area     Noted - possible constraint to            Nil
                      of Williams River -Seaham Weir to    development that would need to be
                      Mill Dam Falls is protected for      assessed
                      human consumption and subject to
                      EPA pollution control regulations.
               A      The soils are shallow with little    Noted - would be assessed as part         Nil
                      capacity to absorb effluent. They    of any land capability assessment
                      are unsuitable for extensive
                      residential development and road
                      construction to meet the condition
                      of single access to such
                      development.
               A      Rural residential subdivision is     Agree - Woerden's Rad area is a           Nil
                      more appropriate to the western      prime area only because of the
                      side of Clarence Town.               constraints imposed by the bridge
                                                           to development on the eastern side
10 Sept 2004   H2 &   Does not want Lots 2022 or 2023      LAP recommends no development             LAP changed to include the
               H3     DP 1058127 to be subdivided          of Lot 2023. Only the eastern part        need for a traffic study for
                      because of the following reasons:    of Lot 2022 has been identified as        this land
                      - the rural aspect would suffer.     possibly suitable for development.
                      - The area is prime agricultural     A detailed land capability
                        land.                              assessment would be required as
                      - The area is prone to lightning     part of the development process.
                        strikes.                           A number of the factors in this
                      - The area is prone to flooding.     submission would be addressed in
                      - Due to the nature of the land it   this assessment - slopes / stability,
                        would be difficult to install      hydrology / flooding, soil suitability,
                        adequate septic systems.           rare & endangered species etc.
                      - The increased “pets” would lead

                   Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                                   2004 commencing 6.00pm.
                           to increased native and stock        A Traffic study is also required to
                           animal deaths                        assess impacts of traffic on Gaggin
                         - The control of vermin and dogs       Street
                           by baits and firearms would be
                           more difficult due to the
                           encroachment.
                         - Access to Lot 2022 off Gaggin
                           Street would require the
                           demolition of a house
                         - Access via Gaggin Street would
                           be a hazardous access route due
                           to the narrow winding road.
                         - Lot 2023 is prone to flooding, and
                           therefore not suitable to urban
                           type development.
10 Sept 2004   I1 &      Objects to the exclusion of the Mill   Mill Hills was identified at the       Nil
               I2        Hills for potential further            Clarence Town public meeting as
                         development as there is a fairly       having very high scenic value for
                         large area that may meet the           the town and surrounding area and
                         development requirements.              there was a strong desire to
                                                                protect this area.

                                                                Much of the area is very steep and
                                                                not suitable for development.

                                                                There is a narrow strip of
                                                                developable land along the Glen
                                                                William Road frontage of the site.

                                                                It would be possible to develop this
                                                                narrow area of land if each lot is
                                                                permitted access directly off Glen
                                                                William Road. Glen William Road
                                                                is however a collector road and the
                                                                planning principle in the LAP has

                      Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                                      2004 commencing 6.00pm.
                                                 been not to allow additional
                                                 driveway or right-of way access off
                                                 collector roads. Council could
                                                 however be setting a precedent if it
                                                 allows this in this area.

                                                 Subdivision directly off Glen
                                                 William Road has the potential to
                                                 create a ribbon development of
                                                 houses along the road which is
                                                 neither good practice or visually
                                                 attractive.

I1 &      The exclusion due to the visual        Visual is one of the criteria on        Nil
I2        impact seems grossly unfair, as no     which the land was excluded, not
          consideration was given when           the only criteria.
          development of the surrounding
          areas occurred.                       The objective of the LAP is to try
                                                not to repeat the mistakes of the
                                                past.
I1 &      The surrounding development has       Suggest that there are more              Nil
I2        detrimentally impacted on the farm    factors at play that are affecting the
          operation making it virtually         viability of the farm than the
          impossible to run as a viable farm,   development of the surrounding
          and subdivision may be an option in area.
          the future.
I1 &      Believes that a subdivision proposal This land may be suitable for             Nil
I2        of this area should be assessed on subdivision with larger lots than
          its merits like the rest of the       envisaged or permitted in a rural
          investigation area and not be totally lifestyle / rural enterprise zone.
          excluded.                             This would be contrary to the Draft
                                                LEP This could be considered by
                                                Council at a later stage in relation
                                                to the appropriateness of the
                                                zoning. .

       Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                       2004 commencing 6.00pm.
13 Sept 2004   H2 &    Lot 2022 is very steep and prone to     Noted - see above.                     As above
               H3      flooding
               H2 &    Any subdivision accessed via            Noted - see above.                     As above
               H3      Gaggin Street will add noise and
                       traffic on Erringhi Street.
               H2 &    Does not want to rural views spoilt     Noted.                                 Nil
               H3      by houses and roads.
               H2 &    Any subdivision of Lot 2022 would       Any development proposal would         Nil
               H3      be detrimental to flora and fauna.      require a detailed assessment of
                                                               the possible impacts on flora and
                                                               fauna.
13 Sept 2004   J2      The recommended planning                Noted.                                 Nil
                       strategies for area J2 appear
                       straightforward and reasonable.
               B2      Believes that the condition that Lots   The problem in this area is that the   LAP can be amended to
                       1,2 & 3 need to be developed            pattern of subdivision has             reflect to provide more
                       jointly does not take into              produced 4 long, narrow lots, Lots     flexibility.
                       consideration the existing landform     1, 2, 3 and 42. Further subdivision
                       and pattern of usage. There is          of these lots on an individual basis
                       currently an access road from the       would result in a less than optimal
                       end of Horton Close across Lot 2        pattern of subdivision. The
                       allowing access to Lot 3 & 42. The      objective of the LAP is for the lots
                       extension of Horton Close along         to be 'amalgamated' for planning
                       this access road should be              purposes. Lots 2, 3 and 42 could
                       permissible and would allow land to     be developed independently
                       the south of Horton Close to be         provided that the subdivision plan
                       developed.                              demonstrates how Lot 1 could also
                                                               be developed. Depending on land
                                                               ownership, it may be feasible for
                                                               Lot 1 to be developed in
                                                               conjunction with Lot 8. The
                                                               situation that the LAP is trying to
                                                               avoid is to have one lot left out of
                                                               the subdivision planning and for
                                                               development to occur on adjoining

                    Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                                    2004 commencing 6.00pm.
                                                              land, which effectively sterilises the
                                                              long lot.
13 Sept 2004   D2      The Draft LAP is overly restrictive    Possibly. In other areas it may
                       and could lower the lot yield          increase the lot yield.
                       afforded by the Draft Dungog Local
                       Environmental Plan 2003.
               D2      The requirement of Lot 1261 being      Land capability assessment is
                       developed through Lot 1260 does        required to determine this.
                       not comply with the objective that
                       development “is sensitive to the
                       topography and environmental
                       characteristics of the land”.
               D2      The steep terrain between lots         Noted. We understand that there
                       1260 and 1261 does not lend itself     is a community title development
                       to Lot 1261 gaining access via         proposed for Lot 1260 but at this
                       1260. Lot 1260 also currently has a    stage this development has not
                       community title subdivision            been approved. One of the
                       approved. Lot 1261 is better           reasons suggested for including
                       accessed via the flatter access        Lot 1261 with Lot 1260 was to
                       direct to Limeburners Creek Road.      encourage the development of a
                                                              linked community rather than a
                                                              separate enclave.
               D2      The statement that Lot 1261 is very    This statement was based on the
                       hilly and heavily forested is          topographic and ortho-photo maps
                       incorrect. Apart from the western      available for the area.
                       portion adjoining Lot 1260 is gently
                       undulating.
               D2      Lot 1261 has flood free access to      The LAP is trying to achieve a
                       Limeburners Creek Road, the            pattern of development that will not
                       comment regarding not using long       exacerbate the existing problems
                       access way ignores the fact that       with rural roads in the Shire.
                       many public roads do not feature
                       better access conditions.
               D2      Lot 1261 could be developed            Lot 1261 is isolated and appears to
                       discretely in its own right in         have fallen into the Investigation

                    Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                                    2004 commencing 6.00pm.
                        compliance with the objectives of     Zone by virtue of part of the site
                        the DLEP and LAP. The DLEP            being within the 5km radius from
                        contains adequate measures to         town. A radius approach to
                        evaluate the suitability for          identifying land for development is
                        development of lots without further   less than optimal, but
                        restrictions.                         understandable given Council's
                                                              limited resources.

                                                              A Council with access to more
                                                              funds and resources would have
                                                              undertaken a land capability
                                                              assessment to identify the
                                                              developable land around Clarence
                                                              Town.

                                                              We do not support Lot 1261 being
                                                              developed in isolation. From a
                                                              planning perspective, (assuming
                                                              that all environmental and bushfire
                                                              criteria could be met), then the
                                                              optimal approach would be to look
                                                              at Lot 1261, Lot 62 DP872415, Lot
                                                              82 DP818004 and Lot 53
                                                              DP733385 as a planning unit with
                                                              subdivision coming off one
                                                              centrally located access road.
                                                              Three adjoining lots are not
                                                              included in the Investigation Zone
                                                              because of the radius approach.
10 Sept 2004   ALL      Does not agree with the proposed      Noted.
                        constraints on most of the Planning
                        Areas, however congratulates
                        Council for the process. Believes
                        that the LAP should have been
                        undertaken prior to the DLEP and

                     Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                                     2004 commencing 6.00pm.
         Section 94 Plan, as it provides a
         more realistic potential lot yield.
ALL      Developments will not automatically    Agree.
         radiate from Clarence Town.
         Coordinated developments can
         only take place where developable
         land is located.
ALL      Open space within developments         Council's preferred position is that
         will be maintained by Dungog Shire     open space be provided by at of
         Council, unless community title        community title subdivision.
         development.                           Council does not have the
                                                resources to maintain open space.
ALL      The majority of the developable        Noted. The bridge is a major
         land is to the east of the Williams    constraint to the development of
         River is therefore will be isolated    Clarence Town.
         during floods and provision cannot
         be made for flood free design of the
         Williams River Bridge.
ALL      Direct access to public roads are      Under the planning controls the
         not permissible, with the              proponent has to nominate sites
         developments to be accessed via        for dwellings. With set-backs and
         internal roads, however due to         appropriate design and
         topography some lots will have         landscaping, the visual impacts
         backyards that face collector roads    can be minimised.
         and landscaping will not achieve
         obscuring of dwellings.
ALL      Council cannot limit dwellings to      Council's in other areas have
         single storey, as this will conflict   placed height and design controls
         with modern designs and owners         on buildings to ensure that
         desires for such designs.              development is consistent with the
                                                surrounding environment and
                                                development.
ALL      The proposal for future residential    The LAP envisages that the
         expansion is not definitive as it      developer could provide these
         identifies parcels of land that may    services as a trade-off for smaller

      Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                      2004 commencing 6.00pm.
         not be able to obtain reticulated     lot sizes.
         water and sewerage, with those
         allotments sterilised until it is    Land does not need to be
         available. This could give           sterilised. A residential subdivision
         developers an expectation that       could be planned out and then the
         reticulated water and sewerage is    lots amalgamated into larger
         available when it is not.            parcels and sold for rural lifestyle
                                              with the understanding that when
                                              services become available these
                                              parcels can be subdivided for
                                              residential.
ALL      Council should create its own        Noted. Council does not have the
         residential development in Clarence funds or access to land to do this.
         Town to force upgrading of all
         services in town, and not an adhoc
         basis as proposed.
ALL      Community title developments are     Noted.
         promoted by Council as Council
         has no financial outlay, but still
         receives the developer
         contributions and rates, there may
         be an adverse acceptance of this.
ALL      The Master Plan is essential         There should be connections
         however there are some criteria      between subdivisions and through
         that are inappropriate for rural     each subdivision linking back into
         residential development such as      Clarence Town. These can be
         the requirement of footpaths and     shared cycle and pedestrian
         cycle ways between developments. routes. It is up to Council to
         It will take years to have them all  determine what the standard of
         connect and Council will need to     these routes will be. In low traffic
         maintain unused paths. It is         areas they could be incorporated
         assumed that the cycle ways will be into the local roads.
         used more for leisure than a
         connection to Clarence Town,         Agree with constraints imposed by
         therefore suggests that it will only the Williams River Bridge. As

      Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                      2004 commencing 6.00pm.
                       be required within less than one       development in the area increases
                       kilometre of Clarence Town School      there will be a need to provide a
                       or shops.                              pedestrian - cycle link over the
                       The Williams River Bridge cannot       river.
                       handle bicycles and therefore land
                       to the east of the bridge will be
                       isolated for pedestrians and
                       cyclists.
30 Aug 2004   ALL      In Section 2.2 referring to            Agree.                              Lap amended to reflect this.
                       intersection up grading, suggests
                       that these grades should not be
                       required “prior to further
                       subdivision” but in conjunction with
                       subdivision growth. This will allow
                       Council to collect and plan the
                       intersection upgrades over a
                       reasonable time.
              D        Would like to be informed of any       Noted
                       changes to planning precinct D.
              ALL      Congratulates Council on the plan.     Noted




                    Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                                    2004 commencing 6.00pm.
                                                                 Lisa Schiff & Jenny Rand
7.     VACY LOCAL AREA PLAN
       171/60


Précis:

Reporting on the Exhibition of Draft Local Area Plan for Vacy.

                                        ***************

At the Ordinary Meeting of 18th May 2004, Council resolved to prepare a Local Area Plan for
the Investigation Area at Vacy. The community workshop session that forms the basis of
the Local Area Plan preparation was held on Tuesday 22nd June, 2004 and thirty one (31)
people were in attendance.

The Draft Local Area Plan has been prepared and is now ready for exhibition.

RECOMMENDATION

That Council resolve to place the Draft Vacy Local Area Plan on exhibition for a minimum
period of 28 days, similar to that of a Development Control Plan.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
                                                                                    Lisa Schiff
8.     LITIGATION REPORT – CURRENT MATTERS
       171/60


Précis:
Reporting on the allocation of funds for Planning Legal Costs.

                                          *******
The 2004-2005 Budget allocation for Planning Legal Matters was voted at $25,000.
This allocation was expended early in the period, and in the September Review additional
funds of $33,000 were voted to accommodate the shortfall.

This is the first year that Planning Legal has been seriously over expended, with this over
expenditure resulting from the lodgement of three appeals in the Land and Environment
Court. One of the Appeals has been finalised, however two are still current.

The Appeal by John Barnes against Councils Deemed Refusal of the DA is still current
despite a Development Consent having been issued. A recent Call Over at the Court has
shown that the issue of appeal now relates to the level of Section 94 Contributions rather
than the actual outcome of the Determination. It is envisaged that there will be significant
additional costs in relation to this matter.

The Appeal by Exgratia in relation to the Supermarket is in its early stages, Call Overs have
taken place, and a Court Appointed Expert – Steve O’Connor, has been appointed. In
addition, Council (on the advice of Sparke Helmore) has engaged the services of John
Maston (Barrister) and Gary Fielding (Heritage) In any event it is likely that this will be an
extremely expensive process given the complexity of the issues, the need for Expert
Evidence, and the number of Objectors that are likely to take up the opportunity to be heard
in the Court.

The table below summarises the legal costs to date in the 2004-2005 financial year as well
as the total cost for each action. Unfortunately, at this stage it is not possible to accurately
estimate the additional costs that will be incurred prior to the finalisation of the appeals.

It should also be noted that there are other matters currently in train which will require legal
input - Martins Creek Quarry falls into this category.

While we cannot currently quantify the extent that these costs will rise, we do know that it is
likely to be significantly above the currently allocated amounts, and on this basis it is
appropriate for Councillors to consider how we should proceed to allocate funds for the Legal
Costs. At the Ordinary Meeting of 16 November 2004 Council resolved that:

Council to be kept regularly informed of legal costs that are being incurred, and allocations
made from a variety of sources as the costs are identified.

It is again necessary to make allocation for the over run in legal costs, due to the current
Land & Environment Court appeals.

IMPLICATIONS

Financial (Manager Finance’s Commentary)

Whilst the actual amount of legal costs is difficult to predict at this stage, it is likely that
whatever the final cost the resultant detrimental effect on Council’s Management Plan 2004/5
will be significant. To enable compliance with Councils Accounting Policy and the
requirements under the Local Government Financial Management Regulations an allocation
of funds is required prior to further expenditure.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
At the present moment (including accounts held in the office) legal fees amount to approx
$91,000. With recent meetings with Counsel in December, further costs have been incurred
and this coupled with the hearing date on the Supermarket in February, Council needs to add
a further $125,000 to the existing budget allocation of $58,000 to meet the anticipated legal
costs.

As a consequence of this significant drain on Councils revenue streams, Council staff are
going to have to review all planned projects for the remainder of the year, as Council may
need to cut service levels in some areas as a consequence of these costs.

There are no other implications.

RECOMMENDATION

1.     That the report be received and noted.
2.     That further reports on ongoing legal actions be submitted to Council.
3.     That the legal expense budget be adjusted to $183,000, with Council staff to review
       all operational areas prior to submission of the December quarterly budget review to
       Council in February 2005.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                2004 commencing 6.00pm.
                                             LITIGATION REPORT – CURRENT MATTERS
                                                    AS AT 5TH NOVEMBER, 2004

    NAME         MATTER                      DECISION                    CURRENT           COSTS             COSTS           PROJECTED
               DESCRIPTION           PLANNERS       COUNCIL               STATUS         F/Y ENDING         ACTUAL             COSTS
                                        REC.       RESOLUTION                                2005           TO DATE
BARNES J      Appeal against       Approval       Refusal            Finalised – Court   $27,556.54            $33,670.22
DA 245/03     Council’s refusal    recommended. issued.              determination.                      (Sparke Helmore)
              of Subdivision – 2
              Lots. Lot B DP
              406291
              Chichester Dam
              Road, Bandon
              Grove.
BARNES J      Appeal against       Approval         Approval         Appeal pending.     $9,051.78            $ 12,763.55
DA 250/03     Council’s refusal    recommended.     granted.         Deemed refusal                      (Sparke Helmore)
              of Subdivision – 2                                     and conditions of
              Lots. Lots 141 &                                       consent.
              142 DP 770378,
              1683 Chichester
              Dam Road,
              Bandon Grove.
BARNES J      Lapsing                                                Advice received.    $4,652.80              $4,652.80
DA 168/98     Development                                                                                (Sparke Helmore)
              Consent.
SUPERMARKET   Advice.                                                                    $2,096.00               $6,000.00
DA 218/03                                                                                                         (Ibecon)
                                                                                                                $2,096.00
                                                                                                         (Sparke Helmore)

                                                                                                          Total: $8,096.00
SUPERMARKET   Appeal.                               Refusal          Appeal pending.     $2,860.00              $2,860.00
DA 218/03                                           issued.                                              (Sparke Helmore)

                        Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                                        2004 commencing 6.00pm.
    NAME           MATTER                   DECISION                      CURRENT            COSTS            COSTS            PROJECTED
                 DESCRIPTION         PLANNERS      COUNCIL                 STATUS         F/Y ENDING         ACTUAL              COSTS
                                       REC.       RESOLUTION                                  2005           TO DATE
SECTION 94                                                            Finalised.          $6,332.40              $6,332.40
Plan                                                                                                      (Sparke Helmore)
171/77
                                                                                                                 $54,605.00
                                                                                                            (Harris Wheeler)

                                                                                                          Total: $60,937.40
BARNES J        Advice on existing                                    Pending.
ADVICE          use rights.
TPA 1451/0103
MARTINS         Legal advice –                                                            $3,598.57              $3,598.57
CREEK           existing use.                                                                             (Sparke Helmore)
QUARRY –
EXISTING USE




                         Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                                         2004 commencing 6.00pm.
                                              LITIGATION REPORT – CURRENT MATTERS
                                                     AS AT 7th DECEMBER, 2004
    NAME         MATTER                      DECISION                    CURRENT           COSTS             COSTS            PROJECTED
               DESCRIPTION                                                STATUS         F/Y ENDING         ACTUAL              COSTS
                                                                                             2005           TO DATE
SUPERMARKET   Appeal.                               Refusal          Appeal Pending      $ 2,860.00         $ 2,860.00 +          $12,000.00
DA 218/03                                           issued.                              $12,446.16         $12,446.16            J B Maston
                                                                                                            $15,306.16
                                                                                                                                  $13,970.00
                                                                                                        (Sparke Helmore)
                                                                                                                              Steve O’Connor
                                                                                                                                    $4,000.00
                                                                                                                                  Ian Booth –
                                                                                                                                       Ibecon
                                                                                                                                      $10,220
                                                                                                                                Gary Fielding
                                                                                                                              Projected Total
                                                                                                                                  $40,190.00
SECTION 94                                                           Finalised.          $ 6,332.40          $ 6,332.40 +
Plan                                                                                     $ 4,214.00          $ 4,214.00
171/77                                                                                                      $10,546.50
                                                                                                         (Sparke Helmore)
                                                                                                                $54,605.00
                                                                                                           (Harris Wheeler)

                                                                                                         Total: $65,151.40




                        Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                                        2004 commencing 6.00pm.
    NAME       MATTER                     DECISION                    CURRENT            COSTS            COSTS          PROJECTED
             DESCRIPTION                                               STATUS         F/Y ENDING         ACTUAL            COSTS
                                                                                          2005           TO DATE
BARNES J    Appeal against       Approval        Approval         Appeal pending.     $9,051.78           $12,763.55 + Unknown
DA 250/03   Council’s refusal    recommended.    granted.         Deemed refusal      $9,002.00            $ 9,002.00
            of Subdivision – 2                                    and conditions of                       $21.765.55
            Lots. Lots 141 &                                      consent.                            (Sparke Helmore)
            142 DP 770378,
            1683 Chichester
            Dam Road,
            Bandon Grove.




                     Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December,
                                                     2004 commencing 6.00pm.
                                                                                     Lisa Schiff
9.     DRAFT LOCAL ENVIRONMENTAL PLAN 2004
       171/56



The Draft Local Environmental Plan 2004 is in its final stages of processing by DIPNR.

As Councillors are aware, this is not the first time that this matter has been reported as being
imminent, and there is no definite time frame for the gazettal of the Plan.

The lengthy time frame involved in the processing of the Draft LEP will impact substantially
on the projected planning budget for the 2004-2005 financial year. The projected income
stream in the Budget was $100,000 in relation to the receipt of rezoning applications. Given
that we are almost half way through the financial year, and unable to accept rezoning
applications prior to the gazettal of the draft plan, it unlikely that we will achieve the budget
estimate in this item.

It should be noted that several property owners have expressed active interest in the
lodgement of rezoning applications in the Clarence Town area, and this is likely to result in
the payment of rezoning fees in due course.

IMPLICATIONS
Financial (Manager Finance’s Commentary)

The Management Plan 2004/05 was in part balanced by the inclusion of this projected
income stream of $100,000 and with the uncertainty as to when the Draft LEP is to be
gazetted, it is now considered prudent to reduce this budgeted line item by 50%.

Further reductions will also probably be required during the remainder of the year, and it is
proposed to reduce it further over time, (ie an additional 25% in March, and then the balance
June if the LEP has still not been released). Councillors should note that this is the second
year this budgeted line item has failed to provide a revenue stream, with the prior year being
partly funded by increased revenues from DA fees and building inspections. However these
income streams are not showing as high a levels of income as thought, and it is unclear if the
remainder of the year will provide an offset source of funding as previously experienced.

There are no other implications.

RECOMMENDATION:

1.     That the report be received and the information noted.
2.     That the budgeted revenue item be reduced by 50% ($50,000) at the December
       Review 2004/5.
3.     That a further 25% reduction occur at the March Review if the Draft LEP has not been
       gazetted.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December
                                2004, commencing 6.00pm.
                                                                              Lisa Schiff
10.   DEVELOPMENT APPLICATIONS - DELEGATED AUTHORITY
      171/17


Development Consent has been granted to the following development applications under
delegated authority for the month of November, 2004.

DA 311/03           Lot 81 DP 877889 No. 691 Chichester Dam Road, Bendolba.
(TPA 2734/022)      Subdivision 2 lots. Approved subject to conditions 16 November,
                    2004.
DA 23/04            Lot 6 DP 614789 No. 131 Fords Road, Clarence Town. Boundary
(TPA        3013/3; adjustment. Approved subject to conditions 16 November, 2004.
3014/01; 3014/002)
DA 121/04           Lot A DP 386995 No. 398 Lewinsbrook Road, Lewinsbrook.
(TPA 1953)          Subdivision 3 lots. Approved subject to conditions 16 November,
                    2004.
DA 192/04           Lot 47 DP 262192 No. 5 Gaggin Street, Clarence Town. Extensions
(TPA 3024/53)       to dwelling; swimming pool. Approved subject to conditions 17
                    November, 2004.
DA 198/04           Pt Lot 3 Section 10 DP 758366 No. 157 Dowling Street, Dungog.
(TPA 500)           Advertising signage. Approved subject to conditions 9 November,
                    2004.
DA 252/04           Lot 196 DP 1068041, Webbers Creek Road, Webbers Creek.
(TPA 2414/25)       Machinery shed. Approved subject to conditions 9 November, 2004.
DA 259/04           Lot 12 DP 758250 No. 74 Marshall Street, Clarence Town. Additions
(TPA 125/01)        to dwelling. Approved subject to conditions 22 November, 2004.
DA 273/04           Lot 41 DP 732972 No. 7 George Street, Paterson.             Garage.
(TPA 1109/4)        Approved subject to conditions 10 November, 2004.
DA 274/04           Lot 129 DP 997570 No. 410 Chads Creek Road, Halton. Machinery
(TPA 1495/3)        Shed. Approved subject to conditions 9 November, 2004.
DA 278/04           Lot A DP 405994, Salisbury Road, Munni.            Machinery Shed.
(TPA 2708/1)        Approved subject to conditions 18 November, 2004.
DA 280/04           Lot 6 DP 589922 No. 90 Mary Street, Dungog. Garage. Approved
(TPA 882/1)         subject to conditions 9 November, 2004.
DA 281/04           Lot 94 DP 738186 No. 739 Dungog Road, Hilldale. Dwelling and
(TPA 1553/342)      Garage. Approved subject to conditions 25 November, 2004.
DA 291/04           Lot 2 DP 248051 No. 320 Marshdale Road, Marshdale. Shed.
(TPA 2678)          Approved subject to conditions 23 November, 2004.
DA 292/04           Lot 37 DP 11562 No. 32 Park Street, East Gresford. Disabled
(TPA 1298)          Toilet/Amenities Block. Approved subject to conditions 18 November,
                    2004.
DA 293/04           Lot A DP 389263 No. 17 Lostock Road, Gresford. Garage. Approved
(TPA 1429)          subject to conditions 18 November, 2004.
DA 298/04           Lot 104 DP 730983 No. 1081 Limeburners Creek Road, Clarence
(TPA 3290/0103)     Town.     Swimming Pool.       Approved subject to conditions 19
                    November, 2004.
DA 299/04           Lot 261 DP 545311 No. 65 Cory Street, Martins Creek. Garage.
(TPA 1591)          Approved subject to conditions 18 November, 2004.
DA 307/04           Lot 12 DP 758250 No. 50 Lowe Street, Clarence Town. Extensions to
(TPA 100/21)        dwelling. Approved subject to conditions 23 November, 2004.
DA 308/04           Lot 2 DP 95008 No. 570 Black Camp Creek Road, Cambra.
(TPA 1667/1)        Swimming pool. Approved subject to conditions 23 November, 2004.
DA 309/04           Lot 5 DP 758250 No. 19 Rifle Street, Clarence Town. Garage.
(TPA 176/2)         Approved subject to conditions 23 November, 2004.
DA 310/04           Lot 231 DP 701236 No. 1403 Dungog Road, Wallarobba. Swimming
(TPA 3157/001)      pool. Approved subject to conditions 23 November, 2004.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December
                                2004, commencing 6.00pm.
DA 312/04             Lot 121 DP 838387 No. 250 Gresford Road, Paterson.         Pergola.
(TPA 2449/02)         Approved subject to conditions 18 November, 2004.




RECOMMENDATION

That the report be received and the information noted.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December
                                2004, commencing 6.00pm.
ENVIRONMENTAL SERVICES DEPARTMENT
MANAGER'S REPORTS

                                                                             Terry Kavanagh
1.     MONITORING OF PRIVATE DRINKING WATER SUPPLIES


Précis:

This report provides advice on a recent request from Hunter Population Health that Local
Government undertakes routine inspections of privately operated drinking water supplies to
raise awareness of environmental health issues and promote compliance with new
guidelines developed by Hunter Health.

                                         *************

GUIDELINES FOR THE MANAGEMENT OF PRIVATE WATER SUPPLIES.

Council has recently received correspondence and a database of privately operated tourist
facilities in the Shire from Hunter Population Health (HPH). Attached as Annexure ‘A’.

HPH advises that a recent survey of commercially operated, rural, accommodation facilities,
restaurants, cafes etc has shown that the current management of the drinking water supply
in these premises is inadequate.

The letter states that commercial operators that provide their own drinking water supply
should be following the relevant provisions of the Australian Drinking Water Guidelines and
the soon to be released NSW Health Guidelines for the Management of Private Drinking
Water Supplies. The letter also encourages Council to commence a program of routine
inspections of these premises to promote compliance with the relevant guidelines.

Council has subsequently been advised by Hunter Population Health that that the new
guidelines will be incorporated (possibly within the next two years) into relevant legislation
that will require local government to provide ongoing approval and monitor private drinking
water supplies in commercial premises. The new approval is expected to be similar to the
requirement introduced in 1999 for an operating approval for domestic septic systems.

IMPLICATIONS

Financial

The database provided by Hunter Population Health includes approximately 50 properties.
Inspection of individual properties and monitoring compliance with the new Guidelines would
require a significant amount of inspection and administration staff resources. This effectively
represents another attempt by the State Government to shift their responsibilities to Local
Government without the provision of any additional funds to carry out the functions.

If (in the future) Council approval was required for commercial premises with private drinking
water supplies, then a fee could be levied to cover the cost of the approval and inspection
time – this is not currently the case.

Statutory

The proposal from Hunter Population Health is to encourage Councils to undertake the
inspection and monitoring of drinking water supplies. There is currently no legislation
requiring Councils to do so.

Prior to the introduction of a mandatory approval system, changes would be required to both
the Public Health Act and the Local Government Act.
 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December
                                  2004, commencing 6.00pm.
Environmental

There are no environmental implications to this report

Community

It is assumed that the community would benefit by the introduction of the new guidelines
through improved drinking water systems and water quality at various tourist and recreation
facilities.

Consultative

Local Government has not been consulted in relation to the introduction and administration of
the new Guidelines. The attached correspondence from Hunter Population Health is
preliminary advice on what is likely to become another approval system for Local
Government to implement when the Public Health Act is reviewed in the future.

RECOMMENDATION

  1.   That Council write to Hunter Population Health advising that;
         a) Council does not have the resources to carry out the proposed inspection and
             monitoring of private drinking water supplies, and
         b) the new Guidelines should be implemented and administered through the
             NSW Department of Health.

   2. That Council also write to the Minister of Local Government and the Minister for
      Health & Aging objecting to this new attempt at cost shifting to Local Government.

   3. That Council raise the matter at Hunter Councils for the issue to be dealt with at a
      regional level.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December
                                2004, commencing 6.00pm.
                                                          Terry Kavanagh
2.   ISSUING OF FINES FOR NON COMPLIANCE WITH LOCAL GOVERNMENT
     ORDERS
      15/13


Précis:

This report provides an update on compliance with orders issued to carry out work on failing
septic systems in accordance with council’s On-site Sewage Management Program.

                                          **********
BACKGROUND

At its November meeting Council was provided with a report that detailed non compliance
with Local Government Orders issued to property owners where work had not been carried
out on failing septic systems. The report advised that after a number of requests to remediate
individual systems had been ignored, orders were issued on 54 owners requiring action
within a six month period.

At the time of the November report the majority of owners had complied with these orders,
however 10 owners had not complied. Councill resolved to

       “….. proceed to issue a $330 penalty infringement notice to owners who fail to comply
       with Local Government Orders to carry out work on their failing septic systems.”

RESPONSE

This report is to inform Council that after advising individual owners that fines would be
issued within seven days, all ten have provided plans and an acceptable schedule to
complete the required work.

As a result of this response, no fines have been issued to the owners of properties discussed
in the November report.

The issuing of fines however will be used as a last resort in future where owners fail to
comply with Local Government Orders.

IMPLICATIONS

Financial

The financial implications of issuing penalty infringement notices on the individual property
owners is self evident.

Statutory

The majority of owners have taken action to remediate their failing septic systems without
Council resorting to the use of its power to issue orders under the Local Government Act.
Where action is not taken within a satisfactory timeframe, the issuing of orders and the
resolution to enforce these orders has provided a high level of compliance with Council’s On-
site Sewage Management Strategy.

Environmental

Remediation of failing septic systems through this program will provide improvements in both
public and environmental health.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December
                                2004, commencing 6.00pm.
Community

There are a number of implications in this area. Primarily failing systems can impact locally
on householders and immediate neighbours. Where there are a number of failing systems, or
where effluent can enter stormwater systems and waterways, the impact can be on the
public health of the broader community.

Consultative

Council’s Environmental Health Officer is a member of the Septic Tank Action Group
(STAG). This group meets regularly to discuss issues relating to the various Hunter Councils
on-site sewage management programs. On-going information and advice is provided to
owners of septic systems during the course of the inspection process.


RECOMMENDATION

That the report be received and the information noted.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December
                                2004, commencing 6.00pm.
                                                                           Terry Kavanagh
3.        COMPREHENSIVE STATE OF THE ENVIRONMENT REPORT
          15/13


Précis:

This report is to inform Council of matters in relation to the Comprehensive State of the
Environment Report.

                                         **********
INTRODUCTION

The NSW Local Government Act 1993 (Section 428 (2) (C) requires all Local Government
Councils to produce an Annual State of The Environment (SoE) Report. The first SoE report
of a Council for financial year ending after each election of the councillors must be a
comprehensive SoE Report. The SoE Report for 2004 is a comprehensive report.

The last comprehensive report was produced in 2000.

STATE OF THE ENVIRONMENT REPORTING

A State of the Environment Report summarises information about the condition of the
environment, pressures the environment is subject to and measures taken to alleviate those
pressures. It outlines what is being done to address adverse impacts and whether those
actions are successful in delivering results.

This report is structured into several environmental sectors in accordance with the Local
Government Act.

These are:
   • LAND
   • AIR
   • WATER
   • BIODIVERSITY
   • NOISE
   • WASTE
   • HERITAGE

For each sector the report provides:

           1. A local setting for each of the identified environmental sectors.
           2. A list of pressures that can impact on these sectors.
           3. Available indicators that provide a measure of potential pressures or the
              changing condition of that sector.
           4. A list of ongoing programs and a list of new initiatives by Council to improve
              conditions in that sector of the environment.

The 2004 State of the Environment Report has been included with Councils Annual Report
for 2003/2004 and was submitted as required to the Director General of the Department of
Local Government by November 30, 2004.

A copy of this years SoE is provided as a part of the 2003/2004 Annual Report both of which
can be accessed in full on Councils website.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December
                                2004, commencing 6.00pm.
IMPLICATIONS

Financial

Provision of $5000 was made in the 2003/2004 budget for the preparation of the 2004 State
of the Environment Report. The report was prepared by Matt Jones a post grad student from
Newcastle University for a cost of $3527.

Statutory

The legislative requirements to produce the State of the Environment Report are outlined in
the body of this report.

Environmental

A State of the Environment Report summarises information about the condition of the
environment, pressures the environment is subject to and measures taken to alleviate those
pressures. It outlines what is being done to address adverse impacts and whether those
actions are successful in delivering results.

Community

The report has been made available to the community through Council’s website

Consultative

Consultation has taken place with other Councils through the REMS committee and Hunter
Councils Inc. Authorities and organisations have also been consulted directly in the
preparation of this report.

RECOMMENDATION

That the report be received and the information noted.




Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 21st December
                                2004, commencing 6.00pm.

				
DOCUMENT INFO