24.10.12 ordinary minutes - · pdf file2011/2012 annual financial statements ... a mechanism...

Minutes of the Ordinary Council Meeting held on 24 October 2012

………………………. ……………………………. Mayor General Manager

This is page 1 of the minutes of a meeting of Yass Valley Council held on the above date

Table of Contents

Present ............................................................................................................................................................... 2 Open Forum ............................................................................................................................................................... 2 Apologies ............................................................................................................................................................... 3 Declaration of Interests/Disclosures............................................................................................................................ 3 Confirmation of Minutes .................................................................................................................................................. 3 Business arising from Minutes of Ordinary Meeting............................................................................................. 3 Notice of Motion ............................................................................................................................................................... 3

Director Planning & Environmental Services Report ............................................................................................ 4 1. DWELLING HOUSE AND DETATCHED GARAGE (DA 5.2012.106.1) 182

DAIRY CREEK ROAD, GUNDAROO .......................................................................................................... 5 2. DUAL OCCUPANCY – 16 SHAW STREET, YASS.................................................................................15 3. FOUR LOT SUBDIVISION – MOUNTAIN CREEK ROAD, URIARRA..............................................23 4. TWO STORAGE SHEDS – 8 SHEARSBY CRESCENT, YASS..............................................................28 5. DWELLING HOUSE (SEPP 1) – CORREGANS ROAD, YASS RIVER ..............................................33 6. OUTDOOR EATING & SIGNAGE - (PHE-POL-4) ...............................................................................41 7. COMMERCIAL HOTEL (DA 5.2012.81.1)................................................................................................46 8. DEVELOPMENT APPLICATION & ASSESSMENT DATA...................................................................46 9. COMPLIANCE REPORT – FIRST QUARTER 2012/2013....................................................................46 10. CUSTOMER SERVICE TARGETS – FIRST QUARTER 2012/2013....................................................46 11. FOOD SHOP INSPECTION PROGRAM 2011-2012...........................................................................46 12. RURAL LANDS PLANNING........................................................................................................................47 13. DEVELOPMENT APPLICATIONS AND THE DRAFT YASS VALLEY LEP 2012.............................. 4 Director of Operations Report .....................................................................................................................................47 1. YASS DAM UPGRADE – PROGRESS REPORT NO. 11......................................................................47 2. MINUTES OF THE SOUTH EAST WEIGHT OF LOADS GROUP MEETING .................................47 3. DEFERRED PAYMENT OF DEVELOPER CONTRIBUTIONS - RIVERVIEW

ESTATE .............................................................................................................................................................47 Director of Corporate & Community Services Report........................................................................................48 1. DONATIONS POLICY COP-POL-19........................................................................................................48 2. DONATION REQUESTS...............................................................................................................................49 3. 2013 AUSTRALIA DAY CELEBRATIONS ................................................................................................49 4. MUNNAGAI YERRIBI (“LET’S WALK”) WALKING TRACK PROJECT .............................................49 5. MAJOR EVENT SPONSORSHIP ................................................................................................................50 6. INVESTMENT REPORT.................................................................................................................................50 7. 2011/2012 ANNUAL FINANCIAL STATEMENTS................................................................................50 8. RATE ARREARS ..............................................................................................................................................51 9. COUNCIL ADVISORY COMMITTEES.......................................................................................................51 General Manager’s Report .............................................................................................................................................52 1. CHRISTMAS/NEW YEAR OFFICE HOURS.............................................................................................52 2. DECEMBER COUNCIL MEETING DATE ..................................................................................................53 3. MINUTES OF REGIONAL COMMITTEE...................................................................................................53 4. PECUNIARY INTEREST DECLARATIONS 2011/2012........................................................................53 5. COUNCILLORS QUESTIONS WITHOUT NOTICE...............................................................................54 Councillors/Delegates Reports ....................................................................................................................................54 Questions With or Without Notice ............................................................................................................................54 Confidential Reports ........................................................................................................................................................54




Present Councillors Rowena Abbey, Mayor, in the chair, Cecil Burgess, Greg Butler, Ann Daniel, Geoff Frost, Jasmin Jones, Michael McManus, David Needham and Garry Ware. Also present were the General Manager – David Rowe, Director of Planning & Environmental Services – Paul De Szell, Director of Operations – Simon Cassidy, Director of Corporate & Community Services – Sheri Norton and Corporate Administration Coordinator – Julie Buckley.

Open Forum 1. Presentations – DA 5.2012.38.1 Dual Occupancy 16 Shaw Street Yass The Mayor welcomed Ms Lilian Coulton to the meeting and invited her to address Council. At the conclusion of the presentation the Mayor thanked Ms Coulton for her attendance and presentation to Council. The Mayor welcomed Mr Peter Walker to the meeting and invited him to address Council. At the conclusion of the presentation the Mayor thanked Mr Walker for his attendance and presentation to Council. 2. Presentations – DA 5.2012.103.1 – 4 Lot Subdivision, Mountain Creek Road, Uriarra The Mayor welcomed Mr Brian Blundell to the meeting and invited him to address Council. At the conclusion of the presentation the Mayor thanked Mr Blundell for his attendance and presentation to Council. The Mayor welcomed Mr Jamie Bush to the meeting and invited him to address Council. At the conclusion of the presentation the Mayor thanked Mr Bush for his attendance and presentation to Council. 3. Presentation – DA 5.2012.171.1 – Two Storage Sheds, 8 Shearsby Crescent, Yass The Mayor welcomed Mr Michael Shaw to the meeting and invited him to address Council. At the conclusion of the presentation the Mayor thanked Mr Shaw for his attendance and presentation to Council. 4. Presentations – Development Applications and Draft Yass Valley LEP 2012 The Mayor welcomed Mr Jamie Bush to the meeting and invited him to address Council. At the conclusion of the presentation the Mayor thanked Mr Bush for his attendance and presentation to Council. The Mayor welcomed Mr Brendan Price to the meeting and invited him to address Council. At the conclusion of the presentation the Mayor thanked Mr Price for his attendance and presentation to Council. 5. Presentation – Deferred Payment of Development Contributions – Riverview Estate The Mayor welcomed Mr Brendan Price to the meeting and invited him to address Council.




At the conclusion of the presentation the Mayor thanked Mr Price for his attendance and presentation to Council.

6. Presentation – Financial Statements The Mayor welcomed Mr Garry Murphy to the meeting and invited him to address Council. At the conclusion of the presentation the Mayor thanked Mr Murphy for his attendance and presentation to Council.

The Mayor declared the meeting open at 5.48 pm.

Apologies Nil

Declaration of Interests/Disclosures Councillor McManus declared a pecuniary interest in Item 2 of the Director Planning & Environmental Services report – Dual Occupancy 16 Shaw Street Yass. Councillor McManus declared an insignificant non-pecuniary interest in Item 1 of the Director Corporate & Community Services report – Donations Policy COP-POL-19. Councillor Frost declared an insignificant non-pecuniary interest in Item 2 of the Director Corporate & Community Services report – Donation Requests.

Confirmation of Minutes RESOLVED that the Minutes of the Ordinary meeting held on 3 October 2012 covered by pages numbers 1-47 inclusive and resolution numbers 396-431 inclusive, copies of which had been circulated to all Councillors, be taken as read and confirmed subject to the Yass Community Centre Management Committee representative being Councillor Ware and not Councillor Abbey. (Needham/Burgess) 432 Business arising from Minutes of Ordinary Meeting Nil Minutes of the Yass Saleyards Management Committee held on Thursday, 30 August 2012 FILE No. C.02.01.03 RESOLVED that Council receive and adopt the Minutes of the meeting of the Yass Saleyards Management Committee held on 30 August 2012. (Ware/Burgess) 433

Notice of Motion RECOMMENDED that – 1. A mechanism be introduced to the complaints policy 7 to have them automatically come before

Council if they have not been resolved with 30 days. MOTION WITHDRAWN (Jones/Ware)




RESOLVED that Council review GOV-POL-7 Complaints about Council to provide an alternative avenue for complaints unresolved after 30 days and brought back to the Special Planning Committee meeting in November. (Jones/Ware) 434 RECOMMENDED that a mechanism be introduced to bring outstanding DA’s, issues and concerns before Council if not resolved within 50 days (Note: separate from complaints which are dealt with under policy 7 and are included in the motion 1 above). MOTION WITHDRAWN (Jones/Ware)

RESOLVED that a quarterly report be developed and provided to Councillors detailing the status of all DA’s that have been undetermined within 60 days and a log of unresolved issues and concerns going on 60 days. (Jones/Ware) 435

Director Planning & Environmental Services Report RESOLVED that Council amend the order of the Director of Planning & Environmental Services report to discuss Item 13 first. (Needham/Burgess) 436 13. DEVELOPMENT APPLICATIONS AND THE DRAFT YASS VALLEY LEP 2012

FILE: L.02.02.01 – PDS

PURPOSE OF REPORT

To clarify the application of the Draft Yass Valley LEP 2012 in the assessment of development applications.

PROCEDURAL MOTION:

RECOMMENDED that the matter lay on the table MOTION LOST (McManus/Daniel) FOR: Councillors A Daniel, M McManus and D Needham. AGAINST: Councillors R Abbey, C Burgess, G Butler, G Frost, J Jones and G Ware.

FORESHADOWED MOTION:

2. No weight be given to the draft Yass Valley LEP 2012 in the assessment / determination of any development application lodged between 25 July 2012 and the time at which the draft Yass Valley LEP 2012 is made.

MOTION LAPSED (Frost/Butler)

RESOLVED that -

1. No weight be given to the draft Yass Valley LEP 2012 in the assessment / determination of any development application lodged before 14 November 2012;

2. Full weight be given to the draft Yass Valley LEP 2012 in the assessment / determination of any development application lodged between 14 November 2012 and the time at which the draft Yass Valley LEP 2012 is made.

(Needham/McManus) 437




FOR: Councillors R Abbey, C Burgess, G Butler, A Daniel, M McManus, D Needham and G Ware. AGAINST: Councillors G Frost and J Jones.

1. DWELLING HOUSE AND DETATCHED GARAGE (DA 5.2012.106.1) 182 DAIRY

CREEK ROAD, GUNDAROO

FILE: 5201 – BRG

PURPOSE OF REPORT

• To consider Development Application 5.2012.106.1 for the construction of a dwelling house and detached garage and the installation of an aerated waste treatment system, above ground rainwater tank, solid fuel heater and retaining walls on land known as Lot 98, DP 754883, 182 Dairy Creek Road, Gundaroo.

• To seek Council’s support for a SEPP 1 variation to the development standard contained in

Clause 14(1)(a) of the Gunning Local Environmental Plan 1997. • To have Council seek the concurrence of the Director-General of the Department of Planning to

enable the approval of Development Application 5.2012.106.1. Note: One submission has been received in relation to the application. RESOLVED that – 1. Council support the applicant’s proposed variation to the development standard

contained within Clause 14(1)(a) of the Gunning Local Environmental Plan 1997 in order approve a dwelling house on an allotment with an area of 37.74 ha; and

2. Yass Valley Council seek the concurrence of the Director-General of Department of Planning and Infrastructure and following receipt of this concurrence approve Development Application 5.2012.106.1 for the construction of a dwelling house and detached garage and the installation of an aerated waste treatment system, above ground rainwater tank, solid fuel heater and retaining walls on land known as Lot 98, DP 754883, 182 Dairy Creek Road, Gundaroo subject to the following conditions of development consent:

PART A - GENERAL CONDITIONS (1) Consent is granted in accordance with the plan(s) and details submitted to

Council with the Development Application. The plan and details have been stamped and attached to this consent. The development shall be carried out in accordance with the stamped plans or as modified by these conditions;

(2) Work on any building shall not commence until a Construction Certificate,

complying in all respects with the provisions of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 and the Building Code of Australia, has been issued;

(3) This approval relates only to the development referred to in the development

application and specifically does not amount to an approval or acceptance by the Council of any works or buildings already erected on the land, whether or not those works or buildings are the subject of a prior development or building approval;

(4) The capacity and effectiveness of runoff and erosion control measures shall be

maintained at all times to the satisfaction of Council as shall any techniques to suppress dust and the tracking of sediment onto existing sealed roads;

(5) All adjustments to existing utility services whether caused directly or indirectly

by this proposed development are to be undertaken at the developer’s expense;




(6) The colours and external materials used are to be of such a nature to be compatible with those of existing development in the locality.

Note: Reflective materials (i.e. zincalume and surf mist) are not permitted; (7) At the commencement of building works and in perpetuity the property around

the asset shall be managed for a distance of 20 metres as Inner Protection Area and 10 metres around the asset as Outer Protection Area as outlined within Planning for Bush Fire Protection 2006 and the Service’s document “Standards for Asset Protection Zones”.

(8) Water, electricity and gas are to comply with Section 4.1.3 of “Planning for Bush

Fire Protection 2006”. Note: The onus will be on the property owner to provide suitable water supply

arrangements, maintained at a minimum volume of 10,000 litres capacity for fire fighting purposes. This water supply is to be provided with a 38mm Storz fitting and ball valve for fire fighting purposes.

(9) Property Access Roads shall comply with Section 4.1.3 (2) of “Planning for Bush

Fire Protection 2006”; (10) New construction is to comply with Appendix 3 -Site Bush Fire Attack

Assessment of “Planning for Bush Fire Protection 2006”. In this regard the following design standards for construction are to be incorporated into the development:

(a) Roofing shall have leafless guttering (gutter guard) to prevent the build

up of flammable material. Any materials used shall have a Flammability Index no greater than 5.

(11) Landscaping should be undertaken in accordance with Planning for Bushfire

Protection 2006; (12) The approved outbuilding shall not at any time be occupied, inhabited or used

for residential living, commercial or industrial activities; (13) A Construction Certificate, as defined by the Environmental Planning and

Assessment Act 1979, shall be obtained for all engineering works prior to any works commencing on site. Council’s fee for providing a Construction Certificate is levied in accordance with Council’s Management Plan relevant at the time of payment.

Note: This will require a form to be filled out and submitted to Council to facilitate the

issuing of the Engineering Construction Certificate.

PART B - PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

(1) The applicant shall submit to Yass Valley Council a copy of an Owner Builder Permit or Home Owner’s Warranty Insurance for the proposed development;

(2) Structural drawings prepared by a suitably qualified and experienced Structural

Engineer being submitted to and approved by the Principal Certifying Authority prior to the issue of a Construction Certificate. The plans shall detail:

(a) All reinforced concrete floor slabs and/or beams or raft slab (having due

regard to the possible differential settlement of the cut and fill areas where applicable);

(b) Footings of the proposed structure;




(3) Retaining walls or other approved methods of preventing movement of the soil must be provided if the soil conditions require it and adequate provisions made for drainage. Where retaining walls exceed 600mm in height, Engineers details must be submitted to and approved by the Principal Certifying Authority.

PART C- PRIOR TO THE ISSUE OF ENGINEERING CONSTRUCTION CERTIFICATE (1) Engineering drawings associated with the construction of the internal driveway

shall be submitted to Council’s Engineering Department for approval in accordance with Council’s Design and Construction Specification – Ausspec#1. These drawings shall be supported by calculations detailing the sizing of the required culverts;

(2) A Soil and Water Management Plan in accordance with Council’s Design and

Construction Specification – Ausspec#1 as modified by Council’s “Ausspec Addendum” current at the time of the issuing of the Construction Certificate, shall be submitted to Council’s Engineering Department for approval. The plan will include construction techniques to minimise site disturbance and the potential for soil erosion by wind or water, erosion control on any watercourse on the property, revegetation of disturbed areas and any other matters that are deemed necessary by Council.

Note: An indicative plan may be prepared to complement the design plans; however,

the final plan for approval shall be prepared in consultation with the construction contractor.

PART D – INSPECTIONS (1) A critical stage building inspection must be carried out by the Principal

Certifying Authority (or another Certifying Authority if agreed by the Principal Certifying Authority except for the final) at the following stages of construction:

Inspection Hold Point

(a) After excavation, footings,

After placement of erosion and sediment control measures, on-site toilet, signage and connection of water meter in serviced areas, prior to pouring concrete;

(b) Floor slab, Prior to pouring concrete;

(c) Frame/Pre-sheet Prior to placing internal sheeting, after all internal services including water plumbing and electrical are installed and external cladding has been fixed;

(d) Waterproofing of wet areas

Prior to the placement of tiling and/or covering;

(e) External drainage and stormwater

Prior to backfilling or covering pipes and connections to services;

(f) Interim Occupation Building completed with minor works outstanding – able to be occupied;

(g) Final All works relating to the proposed development are complete and all conditions of development consent are complied with.




It is advised that any Certifying Authority is unable to issue an Occupation Certificate unless all critical stage inspections have been carried out (Section 109 E (3) (d) of the Environmental Planning and Assessment Act 1979);

(2) As the local Water and Sewer Authority Yass Valley Council must undertake inspections at the following stages of construction:


(a) All internal and external drainage.

Prior to backfill;

(b) All internal hot and cold plumbing works.

Prior to the installation of insulation and internal linings;

(c) Subsurface land application area and/or surface drip line prior to backfill or covering.

Prior to backfill or covering;

(d) Prior to use of the system.

At point of commissioning of the system.

(e) At the completion of all plumbing works.

Prior to the occupation of the dwelling;

(3) Upon inspection of each stage of construction, the Principal Certifying Authority

(or other suitably qualified person on behalf of the Principal Certifying Authority subject to the provisions of the Environmental Planning and Assessment Act 1979 and Regulation 2000) is also required to ensure that adequate provisions are made for the following measures (as applicable) to ensure compliance with the terms of Council’s approval:

(a) Sediment control measures; (b) Provision of perimeter fences or hoardings for public safety and

restricted access to building sites; (c) Maintenance of the public place, free from any unauthorised materials,

waste containers or other obstructions;

(4) Roof truss and wall bracing details are to be supplied to the Principal Certifying Authority prior to frame inspection.

PART E – ENGINEERING INSPECTIONS (1) Engineering inspections shall be undertaken at the following stages of

construction:

(a) Completion of the required culverts including the outlet dissipaters; (2) If Council is selected as the Principal Certifying Authority for engineering works,

the fee per inspection shall be levied in accordance with Council’s Management Plan, relevant at the time of payment.

PART F - PRIOR TO COMMENCEMENT OF WORK (1) Council shall be informed of the name and details of the Principal Certifying

Authority and the date construction work is proposed to commence, no later than 2 days prior to such commencement;

(2) Appropriate soil erosion and sediment control measures shall be installed;




(3) A sign shall be displayed in a prominent position on any site on which building, work, subdivision work or demolition work is being carried out.

The sign must list the following details: The name, address and telephone number of the Principal Certifying

Authority; and The name of the Principal Contractor and an after hours telephone

number; and That unauthorised entry to the site is prohibited. The sign must be maintained while the building work, subdivision work or demolition work is being carried out and removed upon completion;

(4) A portable on-site toilet shall be provided; (5) The building(s) shall be set out by a registered surveyor to verify the correct

position of each structure in relation to the property boundaries; (6) Public access to the site and building works, materials and equipment on the site

is to be restricted, when building work is not in progress or the site is unoccupied.

Note: The public safety provisions must be in place prior to the commencement of any

demolition, excavation or building works and be maintained throughout construction.

PART G – CONSTRUCTION (1) All building work shall be carried out in accordance with the provisions of the

Building Code of Australia (as amended) and all relevant Australian Standards; (2) Noise generated during construction of the proposed development shall comply

with the provisions of the Protection of the Environment Operations Act, 1997; (3) To prevent water from entering the building, the floor level shall be a minimum

of 225 mm above finished ground level. Seepage and surface waters shall be collected and disposed of without nuisance to adjoining properties;

(4) Timber framing shall be in strict accordance with the National Timber Framing

Code AS 1684; (5) Roof trusses must be installed in strict accordance with the manufacturer’s

specifications; (6) All plumbing and drainage work shall be undertaken in strict accordance with

Australian Standard 3500; (7) A properly constructed drain shall be placed in such a position as to divert all

surface water runoff clear of the building area and all footings; (8) Stormwater from roof areas shall be linked to a Council approved disposal

system immediately before placement of any roofing materials; (9) The dwelling shall be fitted with smoke detectors and/or fire alarms wired into

the lighting or electrical circuits; (10) All construction waste associated with any demolition and construction work

shall be separated into components of:

• Asbestos; • Clean fill;




• Bricks, tiles, concrete; • Steel; • Other metals; • Timber & vegetation; and • Other material.

Any asbestos shall be handled, removed and wrapped in accordance with relevant regulations and WorkCover directions and taken to Murrumbateman Landfill. Two days notice of delivery is required

Fill shall be taken to either Gundaroo Landfill or Murrumbateman Landfill. All other material may be taken to either Yass Transfer Station, Gundaroo Landfill or Murrumbateman Landfill and deposited in the appropriate separated pile;

(11) To minimise soil erosion and sediment movement during construction, the

following measures shall be implemented:

a) Removal and/or disturbance of vegetation shall be confined to the basal area of the approved building, the site of permanent accessways, and land extending a maximum of three (3) metres beyond the outermost projection of the approved building.

b) Topsoil stripped from the construction site shall be stockpiled and protected

from erosion until re-use during landscaping. c) Stockpiles of construction and landscaping materials, and of site debris shall

be located clear of drainage lines and in such a position that they are within the erosion containment boundary or are equivalently protected from erosion and do not encroach upon any footpath, nature strip or roadway.

d) Final site spoil shall be disposed of to the satisfaction of Council. e) Trenches shall be backfilled, capped with topsoil and compacted to a level at

least 75mm above adjoining ground level;

(12) The proposed building is to be protected from the infestation of termites in accordance with the Building Code of Australia and AS3660.

Note: Upon completion of the building work, a durable notice must be permanently

fixed to the building in a prominent location, such as a meter box or the like, indicating:

(a) the method of protection; (b) the date of installation of the system; (c) where a chemical barrier is used, its life expectancy as listed on the

National Registration Authority label; and (d) the installer’s or manufacturer’s recommendations for the scope and

frequency of future inspections for termite activity; (13) The heater shall be installed in strict accordance with the manufacturer’s

specifications, in particular, heater distance clearance and flue installation, as required by AS.2918 Domestic Sold Fuel Burning Appliances – Installation;

(14) The slow combustion heater shall be installed by a licensed contractor. The installer’s licence number shall be submitted to Council prior to installation;

(15) The heater shall be placed on a non-combustible hearth, or as specified by the

manufacturer. The hearth shall extend 480 mm past the front of the firebox door (front or side);

PART H – ON SITE SEWAGE MANAGEMENT FACILITY




(1) The Aerated Wastewater Treatment System must be located no closer than 3

metres from any building; (2) The Aerated Wastewater Treatment System must be located a minimum of 10

metres downstream from any in-ground rainwater storage tank and 3 metres minimum downstream from any above-ground rainwater storage tank;

(3) The first land application line outlet must be no closer than 15 metres to any

building or rainwater storage tank; (4) The Aerated Wastewater Treatment System and Related Effluent Application

Area must be protected from possible vehicle and stock damage; (5) All main lines of any irrigation system must be buried to a minimum depth of

100 mm below finished surface level; (6) Two warning signs must be erected within the Related Effluent Application Area.

The signs must have a green background and contain the words; “Reclaimed Effluent, Not for Drinking, Avoid Contact”;

(7) The owner/occupier must enter into an annual service contract with an

appropriately qualified service technician, requiring quarterly servicing of the Aerated Wastewater Treatment System. A report must be submitted to Council detailing results of each service;

(8) All stormwater and seepage from higher levels must be diverted away from the

Related Effluent Application Area; (9) The Econocycle model ENC 10-1 Aerated Wastewater Treatment System and

minimum 462m2 irrigation area must be installed in strict accordance with the effluent disposal report prepared by Peter Fogarty of Soil and Land Conservation Consulting;

(10) The Econocycle model ENC 10-1 AWTS must be installed and maintained in strict

accordance with NSW Health Certificate Accreditation No: AWTS 015.

PART I - PRIOR TO ISSUE OF INTERIM CERTIFICATE OF OCCUPANCY (1) The premises shall not be occupied until all conditions and requirements of

BASIX Certificate Number: 415293S have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act, 1979, and Regulation, 2000.

Note: All critical stage inspections must be carried out in accordance with Section

109E(3)(d) of the Environmental Planning and Assessment Act, 1979 prior to the issue of any Occupation Certificate;

(2) The applicant is to certify that all measures required to achieve compliance with

BASIX Certificate Number: 415293S have been installed in the dwelling; (3) All retaining walls or other approved methods of preventing the moment of the

soil must be completed prior to the issue of any Interim Occupation Certificate; (4) Potable water supply storage shall be provided on-site to the following

minimum standard:

45,000 litres for houses less than 150 m2 ; 90,000 litres for houses in excess of 150 m2.




Above ground tanks shall provide for the refilling of fire tankers by the installation of a “Stortz” fitting at the base of the tank with a gate valve. The house service may branch off this outlet. Underground tanks shall include an access hole at least 150mm diameter;

(5) A final inspection shall be conducted prior to utilisation of the slow combustion

heater; (6) A Commissioning Certificate must be submitted to Council, verifying the land

application system for effluent disposal, has been commissioned in accordance with the manufacturer’s specifications;

(7) The applicant is to certify that all measures required to achieve the level of

construction of the dwelling as specified by the NSW Rural Fire Service (having due regard to Planning for Bushfire Protection 2006 and AS 3959 “Construction of Dwellings in Bushfire Prone Areas”) have been completed;

(8) Existing crossing points along the internal driveway shall be upgraded by

constructing culverts generally in accordance with the plans and details prepared by Regional Engineering Services dated 19 September 2012;

PART J - PRIOR TO ISSUE OF FINAL CERTIFICATE OF OCCUPANCY (1) A Final Occupation Certificate will not be issued until all conditions of this

Consent have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act, 1979, and Regulation, 2000;

(2) Prior to the issue of any Final Certificate of Occupancy, individual Certificates of

Compliance are to be submitted to Yass Valley Council certifying that the following specialist work (as applicable to the development):

• Plumbing/drainage work • Gas fitting work • Electrical work • Air-conditioning work has been undertaken by a tradesperson licensed by the NSW Department of Fair Trading and complies with all relevant Australian Standards and the Building Code of Australia (as amended).

Note: A copy of the tradespersons license number, name, address and the Australian

Standards to which the certificate relates is to be included on any Certificate of Compliance submitted to Yass Valley Council;

(3) The developer shall restore, replace or reconstruct any damage caused to road

pavements, surfaces, street furniture, roadside drainage, street lighting or underground facilities as a result of the construction of the development.

NOTES ACCOMPANYING DEVELOPMENT CONSENT NO. 5.2012.106.1 (1) This consent has been granted under Clause 14(1)(a) of the Gunning Local

Environmental Plan, 1997 pursuant to an objection lodged under the provisions of State Environmental Planning Policy No 1- Development Standards;

(2) All fees and charges associated with this consent shall be adjusted annually from

the date of this consent in accordance with seasonal movements in the CPI for the Canberra region;




(3) Any additional Council inspection, beyond the scope of any Compliance Certificate package and needed to verify the compliance of any work, shall be charged at the individual inspection rate nominated in Council’s Fees and Charges Schedule;

(4) The applicant shall ensure all sub-contractors are licensed by the NSW

Department of Fair Trading; (5) All internal rooms shall be provided with natural light and ventilation in

accordance with the requirements of the Building Code of Australia; (6) The door to a fully enclosed sanitary compartment shall:

- open outwards; or - slide; or - be readily removable from the outside of the compartment, unless there is

a clear space of at least 1.2m between the closet pan within the sanitary compartment and the nearest part of the doorway;

(7) The Occupational Health & Safety Act, 2000, the Occupational Health & Safety

Regulation, 2001 and various Australian Standards provide a comprehensive set of risk control measures and procedures for development sites which cover all types of risk. This legislation is administered by Workcover New South Wales which has produced a variety of guidelines and other supporting documents for the information of developers.

All persons undertaking work in connection with this consent should ensure that all required risk control measures and procedures are complied with;

(8) It should be noted that the subject land is affected by restrictive covenants or by-

laws created under Section 88 of the Conveyancing Act 1919. The applicant is advised to check for compliance with these restrictions;

(9) Related Effluent Application Areas for effluent disposal must be greater than 40

metres from any dam, 100 metres from any watercourse and no closer than 15 metres from any residence. Main irrigation lines must be 100 mm below ground and mulched, however feeder lines can be above ground. No garden hose fittings are permitted;

(10) Landowners are encouraged to use efficient watering devices for the

maintenance of low water usage landscaping; (11) To avoid cross connection, the tank(s) must not be connected to potable water

supplies; (12) Spray irrigation must only use low pressure, low volume spray heads which are

not capable of producing aerosols. The spray must have a plume height of less than 400 mm and a plume radius of not more than 2 metres;

(13) Pipes, taps and valves must comply with the following:

(a) Piping and fittings as applicable, for the distribution of reclaimed or recycled water must be permanently and clearly marked with six (6) longitudinal stripes, coloured in lilac in accordance with AS 2700, colour code P23, not less than 2 mm in width and equally spaced around the periphery of the pipe. Alternatively, the whole external surface of the pipe and or fitting must be permanently coloured lilac for its entire length. The colour may be integral or achieved by sleeving or coating at the time of installation;




(b) The piping must be clearly marked, at intervals not exceeding 1 m, with contrasting coloured wording, ‘RECLAIMED/RECYCLED WATER CAUTION NOT FOR DRINKING’;

(c) All under-ground and above-ground water valves and hose taps must be

coloured in lilac in accordance with AS 2700, colour code P23 and clearly marked with a metallic sign indicating ‘WATER NOT SUITABLE FOR DRINKING’;

(14) All irrigation pipe work and fittings must comply with AS 2698 “Plastic Pipes

and Fittings for Irrigation and Rural Applications”. Standard household hose fittings must not be used and the irrigation system must not be capable of connection to the mains water supply;

(15) Fruit and vegetables must not be irrigated with effluent from the Aerated

Wastewater Treatment System; (16) The related effluent application area must not be used for recreational purposes; (17) In respect to the maintenance of Aerated Wastewater Treatment Systems, each

three monthly service must include a check on all mechanical, electrical and functioning parts including:

• the chlorinator (if applicable); • replenishment of the disinfectant; • all pumps; • the air blower, fan or air venturi; • the alarm system; • the effluent disposal area, including the irrigation lines and spray

outlets; • the slime growth on the filter media; • the operation of the sludge return system; • free residual chlorine using the DPD colorimetric or photometric method; • pH from a sample taken from the irrigation chamber; • dissolved oxygen from a sample taken from the final aeration or stilling

chamber although recommended is optional. An annual service must include a check on sludge accumulation in the septic

tank (primary treatment tank) and the clarifier where appropriate. A service report sheet must be completed for each service and must specify all

service items and tests results, the amount of chlorine compound provided, the date, and the technician’s initials.

In the event of a breakdown or malfunction the service agent must be capable of

effecting temporary repairs within twenty-four (24) hours to ensure continued operation of the AWTS;

(18) All effluent from the Aerated Wastewater Treatment System must be disposed of

within the confines of the site. Irrigation field is to be a minimum of 3 metres clear of any boundary. There must be no irrigation water run-off from the allotment to adjoining properties.

(Jones/Ware) 438 FOR: Councillors R Abbey, C Burgess, G Butler, A Daniel, G Frost, J Jones, M McManus, D Needham and G Ware. AGAINST: Nil.




2. DUAL OCCUPANCY – 16 SHAW STREET, YASS

FILE: 4171 – KAM Councillor McManus declared a pecuniary interest in this matter and left the meeting whilst this matter was considered and determined.

PURPOSE OF REPORT

To consider Development Application 5.2012.38.1 for the construction of a dual occupancy development

Note: The application is being reported to Council for the following reasons:

Variations to Council’s Multi-Unit Residential Development Control Plan are required to approve the Development Application; and

Council has received four (4) submissions in relation to the Development Application.

RESOLVED that -

1. Council vary clauses 3.3 and 5.3 of the Multi-Unit Residential Development Control Plan to enable approval of the proposed development.

2. Development Application 5.2012.38.1 for the construction of dual occupancy development and associated infrastructure on Lot 6, DP 12317, 16 Shaw Street, Yass be approved subject to the following conditions of consent:

PART A - GENERAL CONDITIONS

(1) Consent is granted in accordance with the plan(s) and details submitted to Council with the Development Application. The plan and details have been stamped and attached to this consent. The development shall be carried out in accordance with the stamped plans or as modified by these conditions;

(2) Work on any building shall not commence until a Construction Certificate, complying in all respects with the provisions of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 and the Building Code of Australia, has been issued;

(3) This approval relates only to the development referred to in the development application and specifically does not amount to an approval or acceptance by the Council of any works or buildings already erected on the land, whether or not those works or buildings are the subject of a prior development or building approval;

(4) A Construction Certificate, as defined by the Environmental Planning and Assessment Act 1979, shall be obtained for all engineering works prior to any works commencing on site. Council’s fee for providing a Construction Certificate is levied in accordance with Council’s Management Plan relevant at the time of payment.

Note: This will require a form to be filled out and submitted to Council to facilitate the issuing of the Engineering Construction Certificate.

(5) All engineering works shall be constructed in accordance with Yass Valley Council Road Standard Policy (RD-POL-09) and Council’s Design and Construction Specification – Ausspec#1, as modified by Council’s “Ausspec Addendum” current at the time of the Construction Certificate being issued.

(6) The capacity and effectiveness of runoff and erosion control measures shall be maintained at all times to the satisfaction of Council as shall any techniques to suppress dust and the tracking of sediment onto existing sealed roads;

(7) All adjustments to existing utility services whether caused directly or indirectly by this proposed development are to be undertaken at the developer’s expense;




(8) The applicant shall adhere to the following days and hours of operation for the construction of the development:

• 7.30 a.m. to 6.00 p.m. Monday to Friday;

• 8.00 a.m. to 1.00 p.m. Saturday; and

• No work on Sundays or Public Holidays

(9) The colours and external materials used are to be compatible with those of existing development in the locality.

Note: Reflective materials (i.e. zincalume and surf mist) are not permitted.

(10) The overhanging tree located at the rear of Lot 4, DP 12317 shall be trimmed by 10 percent only.

PART B - PRIOR TO ISSUE OF BUILDING CONSTRUCTION CERTIFICATE

(1) The applicant shall submit to Council a copy of an Owner Builder Permit or Home Owner’s Warranty Insurance for the proposed development;

(2) A schedule of external materials and colours is to be submitted to Council for approval by the Heritage Advisor prior to the issue of a Construction Certificate.

Note: The schedule is to include the type of finish (e.g. ashlar coursed render/timber weatherboard) and the profile of finishes where appropriate. Details of all new external joinery shall also be provided;

(3) Retaining walls or other approved methods of preventing movement of the soil must be provided if the soil conditions require it and adequate provisions made for drainage. Where retaining walls exceed 600mm in height, Engineers details must be submitted to and approved by the Principal Certifying Authority.

(4) In accordance with Section 94 of the Environmental Planning & Assessment Act 1979 and the Yass Valley Council Section 94 Contribution Plan 2004, a monetary contribution shall be paid to Council prior to the issue of the Building Construction Certificate. The services and facilities for which the contributions are levied and the respective amounts payable are:

Open Space $ 2,328.38

Community

Facilities

$ 1,807.42

Traffic Managemen $ 1,653.00

Administration $ 643.20

Total $ 6,432.00

The applicable contribution rate is reviewed annually and new rates, if applicable, will become payable from 1 July each year in accordance with Council’s Management Plan. All contributions shall be paid at the rate determined at the most recent review.

(5) A Certificate of Compliance under section 305 of the Water Management Act 2000 shall be obtained, in relation to augmentation of Council's water supply system.

The fee for the Certificate of Compliance under Section 305 of the Water Management Act 2000, with regard to water service augmentation, is $10,300.00 being the total for 1 unit increases in demand, calculated on a base rate of $10,300 per unit. It should be noted that:

• The base rate utilised above was the rate applicable at the time the application was determined;

• The amount payable will be calculated on the rate applicable at the time of payment, rather than at the time the application was determined;




• The base rate per connection may vary over time;

• Compliance under Section 305 does not include the physical installation of any infrastructure.

(6) A Certificate of Compliance under section 305 of the Water Management Act 2000 shall be obtained, in relation to augmentation of Council's sewerage system.

The fee for the Certificate of Compliance under Section 305 of the Water Management Act 2000, with regard to sewerage system augmentation, is $5,045.00 being the total for 1 unit increase(s) in demand, calculated on a base rate of $5,045.00 per unit. It should be noted that:

• The base rate utilised above was the rate applicable at the time the application was determined;

• The amount payable will be calculated on the rate applicable at the time of payment, rather than at the time the application was determined;

• The base rate per connection may vary over time;

• Compliance under Section 305 does not include the physical installation of any infrastructure.

PART C - PRIOR TO ISSUE OF ENGINEERING CONSTRUCTION CERTIFICATE

(1) An erosion control bond of $2500 shall be lodged with Council.

Note: The bond shall be refunded at the completion of the project subject to the erosion control measures being satisfactorily maintained onsite during the construction and revegetation phases. In the event that Council considers that ineffective or insufficient measures are being taken to control wind or water erosion or sediment loss from the site, the bond may be used to construct such structures as deemed necessary.

(2) Engineering drawings for the provision of access each dwelling shall be submitted to Council’s Engineering Department for approval in accordance with Council’s Road Standards Policy, Multi Unit DCP and Design and Construction Specification – Ausspec#1;

(3) Engineering drawings associated with the drainage of storm water shall be submitted to Council’s Engineering Department for approval in accordance with Council’s Design and Construction Specification – Ausspec#1. These drawings shall show how storm water running from the verge will be managed as well as flows along the driveway and hardstand areas surrounding the dwellings. Furthermore, detailed drawings off the proposed absorption trench shall be submitted as part of these drawings.

Note: Supporting calculations shall be submitted along with the detailed design to ensure the stormwater system and associated infrastructure has been designed to cater for the required flows. Stormwater flows post development shall not exceed pre development flows and any flows running through the site shall be catered for as part of this design.

(4) Engineering drawings associated with the supply of water shall be submitted to Council’s Engineering Department for approval in accordance with Council’s Design and Construction Specification – Ausspec#1,

(5) Engineering drawings associated with the drainage of sewer shall be submitted to Council’s Engineering Department for approval in accordance with Council’s Design and Construction Specification – Ausspec#1,;

Note: A new sewer tie and boundary riser shall be installed for the additional dwelling;

(6) A Design Certification Report as per Council’s Design Specification - AusSpec #1, Annexure DQS-A, shall be submitted to Council. This shall provide evidence that qualified designers have designed each component of the engineering works for the development;




PART D – BUILDING INSPECTIONS

(1) A critical stage building inspection must be carried out by the Principal Certifying Authority (or another Certifying Authority if agreed by the Principal Certifying Authority except for the final) at the following stages of construction:


(a) After excavation of footings and internal drainage

Prior to pouring concrete or covering internal drainage;

(b) Floor slab, bearers and joists Prior to pouring concrete, placement of floor sheeting;

(c) Frame/Pre-sheet Prior to placing internal sheeting, after all internal services including water plumbing and electrical are installed and external cladding has been fixed;

(d) Waterproofing of wet areas Prior to the placement of tiling and/or covering;

(e) Stormwater Prior to backfilling or covering pipes and connections to services;




(2) As the local Water and Sewer Authority Yass Valley Council must undertake inspections at the following stages of construction:


(a) All internal and external drainage.

Prior to backfill;

(b) All internal hot and cold plumbing works.


(c) At the completion of all plumbing works.


(3) Upon inspection of each stage of construction, the principal certifying authority (or other suitably qualified person on behalf of the principal certifying authority subject to the provisions of the Environmental Planning and Assessment Act 1979 and Regulation 2000) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s approval:

(a) Sediment control measures.

(b) Provision of perimeter fences or hoardings for public safety and restricted access to building sites.




(c) Maintenance of the public place free from any unauthorised materials, waste containers or other obstructions;

(4) Roof truss and wall bracing details are to be supplied to the Principal Certifying Authority prior to any frame inspection.

PART E – ENGINEERING COMPLIANCE CERTIFICATES

(1) Engineering Inspections shall be undertaken at the following stages of construction:

(a) Completion of property access;

(b) Completion of internal road

(c) Installation of sewer drainage connections to Council’s main;

(d) Installation of roof water drainage connections to Council’s main;

(e) Completion of stormwater drainage lines and infiltration/absorption trench (prior to backfilling).

(2) If Council is selected as the Principal Certifying Authority for engineering works, the fee per inspection shall be levied in accordance with Council’s Management Plan, relevant at the time of payment.

PART F - PRIOR TO COMMENCEMENT OF WORK

(1) Council shall be informed of the name and details of the Principal Certifying Authority and the date construction work is proposed to commence, no later than 2 days prior to such commencement;

(2) Appropriate soil erosion and sediment control measures shall be installed;

(3) A sign shall be displayed in a prominent position on any site on which building, work, subdivision work or demolition work is being carried out.

The sign must list the following details:

The name, address and telephone number of the Principal Certifying Authority; and

The name of the Principal Contractor and an after hours telephone number; and

That unauthorised entry to the site is prohibited.

The sign must be maintained while the building work, subdivision work or demolition work is being carried out and removed upon completion;

(4) A portable on-site toilet shall be provided;

(5) The building(s) shall be set out by a registered surveyor to verify the correct position of each structure in relation to the property boundaries;

(6) Public access to the site and building works, materials and equipment on the site is to be restricted, when building work is not in progress or the site is unoccupied.

Note: The public safety provisions must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

(7) A Soil and Water Management Plan in accordance with Council’s Design and Construction Specification – Ausspec#1 as modified by Council’s “Ausspec Addendum” current at the time of the issuing of the Construction Certificate, shall be submitted to Council’s Engineering Department for approval. The plan will include construction techniques to minimise site disturbance and the potential for soil erosion by wind or water, erosion control on any watercourse on the property, revegetation of disturbed areas and any other matters that are deemed necessary by Council.




Note: An indicative plan may be prepared to complement the design plans, however, the final plan for approval shall be prepared in consultation with the construction contractor.

(8) The driveway works contractors shall be recognised by Council as an “Approved Contractor” for such works.

PART G – DEMOLITION

(1) All demolition work is to be carried out in accordance with the provisions of Australian Standard AS 2601: The Demolition of Structures;

(2) All utility services are to be disconnected to the requirements of the relevant authorities;

(3) Asbestos waste, if present in the building proposed to be demolished, is to be removed, handled, transported and disposed of in accordance with the requirements of Work Cover;

(4) All waste is to be disposed of at an approved waste management facility and prior arrangements must be made to deposit such waste by contacting the Manager of the facility prior to the demolition of the building;

Note: Documentary evidence in the form of tipping receipts from an approved Waste Management Facility shall be provided to Council demonstrating appropriate disposal of all waste from the site.

(5) The deliberate burning of demolition materials shall not be permitted;

(6) All demolition work must be carried out totally within the allotment boundaries and must not extend onto public footpath, public roadway or adjoining properties;

(7) Vehicles transporting demolition material off site shall have loads secured against any loss during transit;

PART H – CONSTRUCTION

(1) All building work shall be carried out in accordance with the provisions of the Building Code of Australia (as amended) and all relevant Australian Standards;

(2) Noise generated during construction of the proposed development shall comply with the provisions of the Protection of the Environment Operations Act, 1997;

(3) To prevent water from entering the building, the floor level shall be a minimum of 225 mm above finished ground level. Seepage and surface waters shall be collected and disposed of without nuisance to adjoining properties;

(4) Timber framing shall be in strict accordance with the National Timber Framing Code AS 1684;

(5) Roof trusses must be installed in strict accordance with the manufacturer’s specifications;

(6) All plumbing and drainage work shall be in strict accordance with Australian Standard 3500;

(7) A properly constructed drain shall be placed in such a position as to divert all surface water runoff clear of the building area and all footings;

(8) Storm water from roof areas shall be linked to a Council approved disposal system immediately before placement of any roofing materials;

(9) The dwelling shall be fitted with smoke detectors and/or fire alarms wired into the lighting or electrical circuits;

(10) All construction waste associated with any demolition and construction work shall be separated into components of:

Asbestos;

Clean fill;




Bricks, tiles, concrete;

Steel;

Other metals;

Timber & vegetation; and

Other material.

Any asbestos shall be handled, removed and wrapped in accordance with relevant regulations and WorkCover directions and taken to Murrumbateman Landfill. Two days notice of delivery is required.


(11) To minimise soil erosion and sediment movement during construction, the following measures shall be implemented:

(a) Removal and/or disturbance of vegetation shall be confined to the basal area of the approved building, the site of permanent accessways, and land extending a maximum of three (3) metres beyond the outermost projection of the approved building.

(b) Topsoil stripped from the construction site shall be stockpiled and protected from erosion until re-use during landscaping.

(c) Stockpiles of construction and landscaping materials, and of site debris shall be located clear of drainage lines and in such a position that they are within the erosion containment boundary or are equivalently protected from erosion and do not encroach upon any footpath, nature strip or roadway.

(d) Final site spoil shall be disposed of to the satisfaction of Council.

(e) Trenches shall be backfilled, capped with topsoil and compacted to a level at least 75mm above adjoining ground level;

(12) The maximum height of fill under the slab shall be 450 mm. Where fill exceeds 450 mm, certification to be provided by a practising structural engineer and approved by the Principle Certifying Authority;

(13) The proposed building is to be protected from the infestation of termites in accordance with the Building Code of Australia and AS3660.

Note: Upon completion of the building work, a durable notice must be permanently fixed to the building in a prominent location, such as a meter box or the like, indicating:

(a) the method of protection;

(b) the date of installation of the system;

(c) where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label; and

(d) the installer’s or manufacturer’s recommendations for the scope and frequency of future inspections for termite activity;

PART I - PRIOR TO ISSUE OF INTERIM CERTIFICATE OF OCCUPANCY

(1) The premises shall not be occupied until all conditions and requirements of BASIX Certificate Numbers: 450520S and 444454S have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act, 1979, and Regulation, 2000;

Note: All critical stage inspections must be carried out in accordance with Section 109E(3)(d) of the Environmental Planning and Assessment Act, 1979 prior to the issue of any Occupation Certificate.




(2) The applicant is to certify that all measures required to achieve compliance with BASIX Certificate Number: 450520S and 444454S have been installed in the dwelling.

(3) All retaining walls or other approved methods of preventing the movement of the soil must be completed prior to the issue of any Interim Occupation Certificate.

(4) The driveway and internal access shall be constructed in accordance with the approved construction certificate plans;

(5) Each dwelling within the development is required to have its own house sewerage connection;

(6) A water service main (connection) shall be installed from the Council main to each dwelling within the development.

Note: If the Council main is existing and currently in use (i.e. a “live” main’) Council must undertake the works. An application can be made by contacting Operations Department on (02) 6226 9248.

(7) Each dwelling within the development is required to have its drainage connection.

PART J - PRIOR TO ISSUE OF FINAL CERTIFICATE OF OCCUPANCY

(1) A Final Occupation Certificate will not be issued until all conditions of this consent have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act, 1979, and Regulation, 2000;

(2) Prior to the issue of any Final Certificate of Occupancy, individual Certificates of Compliance are to be submitted to Yass Valley Council certifying that the following specialist work (as applicable to the development):

Plumbing/drainage work

Gas fitting work

Electrical work

Air-conditioning work

has been undertaken by a tradesperson licensed by the NSW Department of Fair Trading and complies with all relevant Australian Standards and the Building Code of Australia (as amended).

Note: A copy of the tradespersons license number, name, address and the Australian Standards to which the certificate relates is to be included on any Certificate of Compliance submitted to Yass Valley Council.

(3) The developer shall restore, replace or reconstruct any damage caused to road pavements, surfaces, street furniture, roadside drainage, street lighting or underground facilities as a result of the construction of the development;

(4) All landscaping is to be carried out in accordance with the approved plan and maintained in accordance with the plan at all times. In this respect, a satisfactory final inspection will not be granted until all landscaping and fencing is complete.

(5) An establishment and maintenance bond will be required to be lodged with Council by the developer for a minimum of 12 months. This bond will only be refunded once Council is satisfied that the landscaping has been established and maintained to an acceptable standard.

Note: This bond will be set at 50% of the total estimated landscaping cost, as agreed to by Council. Release of the bond may only be considered by Council upon receipt of a written request by the developer.

NOTES ACCOMPANYING DEVELOPMENT CONSENT NO. 5.2012.38.1




(1) This consent has been granted under Clause 9(2) of the Yass Local Environmental Plan, 1987;

(2) All fees and charges associated with this consent shall be adjusted annually from the date of this consent in accordance with seasonal movements in the CPI for the Sydney region;

(3) Any additional Council inspection, beyond the scope of any Compliance Certificate package and needed to verify the compliance of any work, shall be charged at the individual inspection rate nominated in Council’s Fees and Charges Schedule;

(4) The applicant shall ensure all sub-contractors are licensed by the NSW Department of Fair Trading;

(5) All internal rooms shall be provided with natural light and ventilation in accordance with the requirements of the Building Code of Australia;

(6) Balconies more than 1 metre above ground shall be provided with a balustrade or other barrier that has minimum height of 1 metre, with balusters spaced at a maximum 125 mm;

(7) The stairwell is to have a minimum headroom height of 2 metres, going of 240 mm and maximum risers of 190 mm. Slope relationship (2R+G) shall be within the range of 550 mm – 700 mm;

(8) The door to a fully enclosed sanitary compartment shall:

open outwards; or

slide; or

be readily removable from the outside of the compartment, unless there is a clear space of at least 1.2m between the closet pan within the sanitary compartment and the nearest part of the doorway;

(9) The Occupational Health & Safety Act, 2000, the Occupational Health & Safety Regulation, 2001 and various Australian Standards provide a comprehensive set of risk control measures and procedures for development sites which cover all types of risk. This legislation is administered by Workcover New South Wales which has produced a variety of guidelines and other supporting documents for the information of developers.

All persons undertaking work in connection with this consent should ensure that all required risk control measures and procedures are complied with.

(Frost/Needham) 439 FOR: Councillors R Abbey, C Burgess, A Daniel, G Frost, J Jones, D Needham and G Ware. AGAINST: Councillor G Butler. INTEREST: Councillor M McManus. RECOMMENDED that consideration be given to relocating the houses further away from the boundary to reduce the shadow. AMENDMENT LAPSED DUE TO NO SECONDER Butler/ 3. FOUR LOT SUBDIVISION – MOUNTAIN CREEK ROAD, URIARRA

FILE: 5293 – KAM

PURPOSE OF REPORT

- To consider Development Application 5.2012.103.1 for a four (4) lot rural subdivision.

- To vary Council’s Roads Standards Policy (RD-POL-09) to enable approval of the proposed subdivision.

Note: The application is being reported to Council as one (1) submission was received during the notification period.




RESOLVED that -

1. Council varies clause 1.1 of its Roads Standards Policy (RD-POL-09) to enable proposed lot 4 to be accessed via an existing Right of Carriage Way over an existing track in use.

2. Council approves Council is in receipt of Development Application No. 5.2012.103.1 for a four (4) lot rural subdivision of Lot 1 in DP 113221, Lot 1 in DP 113266, Lot 2 in DP 456896 and Lots 95, 157, 158, 178, 179 and 180 in DP 751835, Mountain Creek Road, Uriarra, subject to the following conditions of consent:


(1) Consent is granted in accordance with the plan(s) and details submitted to Council with the Development Application. The plan and details have been stamped and attached to this consent. The development shall be carried out in accordance with the stamped plans or as modified by these conditions;

(2) This approval relates only to the development referred to in the development application and specifically does not amount to an approval or acceptance by the Council of any works or buildings already erected on the land, whether or not those works or buildings are the subject of a prior development or building approval.

(3) The developer at no cost to Council shall make any necessary alteration, relocation or enlargement to public utilities whether caused directly or indirectly by this proposed subdivision.

(4) All engineering works shall be constructed in accordance with Yass Valley Council Road Standard Policy (RD-POL-09) (as varied in relation to lot 4) and Council’s Design and Construction Specification – Ausspec#1, as modified by Council’s “Ausspec Addendum” current at the time of the Construction Certificate being issued;

PART B - INSPECTIONS

(1) Engineering inspections shall be undertaken at the following stages of construction:

(a) Completion of property access to proposed Lots 1 to 4.

(2) A Compliance Certificate shall be obtained upon completion of boundary fencing of each allotment proposed to be created by the subdivision;

(3) If Council is selected as the Principal Certifying Authority for engineering works, the fee per inspection shall be levied in accordance with Council’s Management Plan, relevant at the time of payment.

PART C - PRIOR TO WORKS COMMENCING

(1) The driveway works contractors shall be recognised by Council as an “Approved Contractor” for such works.

PART D - PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE

(1) In accordance with Section 94 of the Environmental Planning & Assessment Act 1979 and the Yass Valley Council Section 94 Contributions Plan 2004, a monetary contribution shall be paid to Council prior to the issue of the Subdivision Certificate. The services and facilities for which the contributions are levied and the respective amounts payable are:

Community Facilities $ 3,983.18

Administration $ 1,917.82

Total $ 5,901.00




The applicable contribution rate is reviewed annually and new rates, if applicable, become payable from 1 July each year. All contributions shall be paid at the rate determined at the most recent review.

Note: The contribution figure is based on three (3) additional lots with dwelling entitlements fronting Mountain Creek Road.

(2) In accordance with Section 94 of the Environmental Planning & Assessment Act, 1979 and the Yarrowlumla Council Section 94 Contributions Plan 1994 for Access Roads, a monetary contribution of $7,348.42 shall be paid to Council prior to the issue of the Subdivision Certificate for the upgrading of access roads in the locality.

The applicable contribution rate is reviewed annually and new rates, if applicable, become payable from 1 July each year. All contributions shall be paid at the rate determined at the most recent review.

Note: The contribution figure is based on three (3) additional lots with dwelling entitlements fronting Mountain Creek Road. Lots 1, 2 and 3 have been charged at a rate of $4,378.14, $1,485.14 and $1,485.14 respectively.

(3) Stock proof fencing shall be provided to all boundaries of the proposed allotments. The minimum acceptable standard for new fencing work for rural lots is as follows:

A fence height of no less than 1,200 mm;

Strainers – spacing 100 m to 200 m depending on terrain;

Steel Star Pickets at 4 m centres;

Two 1.57 mm high tensile barbed wires (or 2.5 mm. high tensile plain wires) on top;

Three 2.8 mm high tensile carry wires;

“Hinged Joint or Ringlock”;

Netting floodgates as required;

All gates shall be set back a minimum of 15 metres from the edge of road formation.

Note: All “Hinge Joint or Ringlock” fencing must be set no higher than 50 mm above the surface of the ground.

Note: The existing boundary fence where dilapidated, shall be repaired to the above standard. Existing fence in good order but of varying standards may be permitted if such standard is deemed by Council as ‘stock proof’.

Note: Where the boundary fence does not coincide with the property boundary for proposed subdivision, the applicant shall provide a note on the linen plan that fence may not be constructed on the boundary of particular allotment.

(4) The property vehicular accesses for each allotment within the subdivision shall be upgraded/constructed to the following minimum standards:

Access points are to be located to achieve 100km/h Approach Sight Distance (ASD) in accordance with Austroads standards.

Property access shall be constructed to “Rural Property Access Layout 2(SU)” standard in accordance with RTA Road Design Guide.

Minimum of 100 mm. thick approved gravel;

If the driveway accesses onto a sealed road pavement, then two coat bitumen seal or 100mm thick concrete (25 MPA with SL72 mesh), or similar all weather pavement.

Entrances to be set back 15 metres from the edge of pavement.




The surrounding soil shall be made flush with the new driveway and reseeded.

Reinforced concrete pipes and headwalls (grout pipe to headwall) are to be provided through the table drain (or modified drain to ensure at least 2 m from the road).

Pipe are to be installed in accordance with the AS 3725 or meet the following for light loads:

Pipe Cover 300mm+ 200mm+ 100mm+

Pipe Class 2 3 4

Pipe size shall be designed using the methods outlined in Australian Rainfall and Runoff (AR&R) or determined as follows:

Catchment Size

Less than 0.5Ha

Less than 1Ha

Less than 2Ha

Less than 3Ha

3+Ha

Pipe Size 300mm 375mm 450mm 600mm AR&R 1 in 5 year storm event

Any damage to Councils road caused by the construction is to be repaired.

Note: All disturbed surfaces adjacent to the works, either natural or manmade, will be required to be rehabilitated to a suitable state at the end of works.

(5) Arrange for the creation of easements on the Plan of Survey, centred on any existing or new power lines/ cables passing through private property;

(6) The applicant shall provide an inspection notice from within the last month of the status of weeds on the property pursuant to S.64 of the Noxious Weeds Act. The applicant shall carry out such works as determined by the Southern Slopes Noxious Plants Authority (SSNPA) to render the area free of weeds before the plan of subdivision will be released. The SSNPA is to provide written documentation that the work has been carried out. Please contact the SSNPA on (02) 6385 3189 for inspection details and applicable fees.

(7) Written confirmation from Country Energy provider that suitable arrangements for the supply of electricity have been made, shall be submitted to Council prior to the release of the final survey plan;

(8) Evidence from a Telecommunication Service provider that satisfactory arrangements have been made for the provision of telephone cables to each allotment shall be submitted to Council;

(9) With the request for a Subdivision Certificate, the applicant shall submit payment to cover the cost of rural addressing of the new lots in accordance with Council’s Management Plan;

(10) An application for a Subdivision Certificate complying in all respects with the provisions of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Amendment Regulations 2000, shall be made and shall included the following:

(A) the name and address of the applicant;

(B) the address and formal particulars of title of the land to which the application relates;

(C) if the applicant is not the owner of the land, a statement signed by the owner of the land to the effect that the owner consents to the making of the application;




(D) a list of the documents accompanying the application;

The application must be accompanied by the following:

(a) A survey plan of subdivision (linen plan), together with five (5) exact copies thereof, acceptable for certification by the General Manager and registration by the Land Titles Office, shall be submitted to Council. The plan of subdivision to which the application relates must be accompanied by a certificate on the plan in the relevant form required by the regulations in force under Surveying Act 2002;

(b) Where easements, rights of carriageway or restrictions on the use of land are proposed or required to be created under Section 88 of the Conveyancing Act 1919, a copy of the relevant instrument

(c) The applicant shall create, where applicable, 20 metre wide easements over the final plan of subdivision in favour of Country Energy, centred on:

- all existing power lines which cross the subdivision

(d) a copy of relevant development consent or complying development certificate;

(e) a copy of any relevant construction certificate

(f) a copy of any relevant compliance certificates, letters from authorities and receipts for payment of any fees/contributions;

(g) a copy of detailed subdivision engineering plans, where relevant;

(h) evidence that the applicant has complied with all conditions of consent that it is required to comply with before a subdivision certificate can be issued;

(i) for subdivision involving subdivision work, evidence that the work has been completed, or

(1) agreement has been reached with the relevant consent authority as to payment of the cost of work and as to the time for carrying out the work, or

(2) agreement has been reached with the relevant consent authority as to security to be given to the consent authority with respect to the completion of the work

(j) the relevant fee payment at the date of issue of this consent the fee for a subdivision creating up to 5 lots is currently $350.00. Where greater than 5 lots are created, the current fee is $675.00.

(11) The subdivision certificate will not be issued until all conditions of this consent have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act, 1979, and Regulation, 2000.

NOTES ACCOMPANYING DEVELOPMENT CONSENT NO. 5.2012.122.1

(1) This consent has been granted under Clause 19 of Yarrowlumla Local Environmental Plan, 2002;

(2) This approval is for subdivision only. Further development consent is required for any proposed dwelling house or other permissible use, as prescribed in the relevant Environmental Planning Instruments of Council;

(3) The Occupational Health & Safety Act, 2000, the Occupational Health & Safety Regulation, 2001 and various Australian Standards provide a comprehensive set of risk control measures and procedures for development sites which cover all types of risk. This legislation is administered by Work Cover New South Wales which has produced a variety of guidelines and other supporting documents for the information of developers.





(Jones/Frost) 440 FOR: Councillors R Abbey, C Burgess, A Daniel, G Frost, J Jones, M McManus, D Needham and G Ware. AGAINST: Councillor G Butler.

AMENDMENT TO MOTION:

Notes to include provision of access that was previously agreed with the adjoining landowner to be part of the development consent. AMENDMENT LAPSED DUE TO NO SECONDER Butler/

4. TWO STORAGE SHEDS – 8 SHEARSBY CRESCENT, YASS FILE: PR.6774 – JAC

PURPOSE OF REPORT

To consider Development Application 5.2012.171.1 for the staged construction of two (2) storage sheds.

Note: The application is being reported to Council as three (3) submissions were received during the notification period.

RESOLVED that Council approves Development Application 5.2012.171.1 for the staged construction of two (2) storage sheds on Lot 4, DP 839802, 8 Shearsby Crescent, Yass subject to the following conditions of development consent:


1. Consent is granted in accordance with the plan(s) and details submitted to Council with the Development Application. The plan and details have been stamped and attached to this consent. The development shall be carried out in accordance with the stamped plans or as modified by these conditions;

2. The development consent shall be staged in accordance with the approved plans in the order identified below. Any variation to the staging shall require the separate consent of Yass Valley Council:

Stage 1: The erection of Storage Shed One.

Stage 2: The erection of Storage Shed Two.

3. Work on any building shall not commence until a Construction Certificate, complying in all respects with the provisions of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 and the Building Code of Australia, has been issued;

4. This approval relates only to the development referred to in the development application and specifically does not amount to an approval or acceptance by the Council of any works or buildings already erected on the land, whether or not those works or buildings are the subject of a prior development or building approval;

5. The capacity and effectiveness of runoff and erosion control measures shall be maintained at all times to the satisfaction of Council as shall any techniques to suppress dust and the tracking of sediment onto existing sealed roads;

6. All adjustments to existing utility services whether caused directly or indirectly by this proposed development are to be undertaken at the developer’s expense;

7. The approved storage sheds shall not at any time be occupied, inhabited or used for residential living, commercial or industrial activities without the separate development consent of Council;




8. The colours and external materials used are to be of such a nature to be compatible with those of existing development in the locality.

Note: Reflective materials (i.e. zincalume and surf mist) are not permitted;

9. At the commencement of building works and in perpetuity the property around the asset shall be managed as outlined within Planning for Bush Fire Protection 2006 and the Service’s document “Standards for Asset Protection Zones”;

10. Water, electricity and gas are to comply with Section 4.1.3 of “Planning for Bush Fire Protection 2006”;

11. Property Access Roads shall comply with Section 4.1.3 (2) of “Planning for Bush Fire Protection 2006”;

12. New construction is to comply with Appendix 3 -Site Bush Fire Attack Assessment of “Planning for Bush Fire Protection 2006”;


1. The applicant shall submit to Council a landscaping plan which details a suitable row/s of trees that will screen the proposed storage sheds from Shearsby Crescent. This plan shall indicate all existing trees along with those proposed to be planted. It shall specify details of proposed planting including common and botanical names and heights and spread at maturity;

2. The applicant shall submit to Council a copy of an Owner Builder Permit or Licensed Builder Details for the proposed development;

PART C – BUILDING INSPECTIONS

1. A critical stage building inspection must be carried out by the Principal Certifying Authority (or another Certifying Authority if agreed by the Principal Certifying Authority except for the final) at the following stages of construction:


(a) After excavation of footings

Prior to pouring concrete, after placement of erosion and sediment control measures, on-site toilet and signage;

(b) Frame/Pre-sheet Prior to external cladding being fixed;

(c) Stormwater Prior to backfilling or covering pipes and connections to services;

(d) Interim Occupation Building completed with minor works outstanding – able to be occupied;

(e) Final All works relating to the proposed development are complete and all conditions of development consent are complied with.


2. Upon inspection of each stage of construction, the principal certifying authority (or other suitably qualified person on behalf of the principal certifying authority subject to the provisions of the Environmental Planning and Assessment Act 1979 and Regulation 2000) is also required to ensure that adequate provisions




are made for the following measures (as applicable), to ensure compliance with the terms of Council’s approval:




PART D - COMPLIANCE CERTIFICATES

1. Engineering inspections shall be undertaken at the following stages of construction:

(a) Completion of the lot driveway access.

(b) Removal of existing gateway in the south-west corner of allotment (after fencing and revegetation works completed);

2. If Council is selected as the Principal Certifying Authority for engineering works, the fee per inspection shall be levied in accordance with Council’s Management Plan, relevant at the time of payment;

PART E - PRIOR TO COMMENCEMENT OF WORK

1. Council shall be informed of the name and details of the Principal Certifying Authority and the date construction work is proposed to commence, no later than 2 days prior to such commencement;

2. Appropriate soil erosion and sediment control measures shall be installed;

3. A sign shall be displayed in a prominent position on any site on which building, work, subdivision work or demolition work is being carried out.






4. Public access to the site and building works, materials and equipment on the site is to be restricted, when building work is not in progress or the site is unoccupied.

Note: Public safety provisions must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction;

5. The driveway works contractors shall be recognised by Council as an “Approved Contractor” for such works;

PART F – CONSTRUCTION

1. All building work shall be carried out in accordance with the provisions of the Building Code of Australia (as amended) and all relevant Australian Standards;

2. Noise generated during construction of the proposed development shall comply with the provisions of the Protection of the Environment Operations Act, 1997;

3. All plumbing and drainage work shall be in strict accordance with Australian Standard 3500;

4. A properly constructed drain shall be placed in such a position as to divert all surface water runoff clear of the building area and all footings;




5. Stormwater from roof areas shall be linked to a Council approved disposal system immediately before placement of any roofing materials;

6. All construction waste associated with any demolition and construction work shall be separated into components of:

Asbestos;

Clean fill;


Steel;

Other metals;


Other material.



7. To minimise soil erosion and sediment movement during construction, the following measures shall be implemented:



(c) Stockpiles of construction and landscaping materials, and of site debris shall be located clear of drainage lines and in such a position that they are within the erosion containment boundary or are equivalently protected from erosion and do not encroach upon any footpath, nature strip or roadway.



(f) The maximum height of fill under the slab shall be 450 mm. Where fill exceeds 450 mm, certification to be provided by a practising structural engineer and approved by the Principle Certifying Authority;

PART G- PRIOR TO THE ISSUE OF AN INTERIM OCCUPATION CERTIFICATE (STAGE 1)

1. The property vehicular accesses from the road shall be upgraded/constructed to the following minimum standards:

Access points are to be located to achieve Approach Sight Distance (ASD) in accordance with Austroads standards.












Pipe Class 2 3 4


Catchment Size

Less than 0.5Ha

Less than 1Ha

Less than 2Ha

Less than 3Ha

3+Ha



Note: All disturbed surfaces adjacent to the works, either natural or manmade, will be required to be rehabilitated to a suitable state at the end of works.

Note: The existing entry, located approximately 20m from the southwest boundary, shall be removed, the fence reinstated and the verge revegetated;

2. The applicant shall remove the two (2) shipping containers and converted storage trailer from the site;

PART H- PRIOR TO THE ISSUE OF AN INTERIM OCCUPATION CERTIFICATE (ALL STAGES)

1. The applicant is to certify that all measures required to achieve the level of construction of the building as specified by the NSW Rural Fire Service (having due regard to Planning for Bushfire Protection 2006 and AS 3959 “Construction of Dwellings in Bushfire Prone Areas”) have been completed;

PART I- PRIOR TO THE ISSUE OF A FINAL OCCUPATION CERTIFICATE (ALL STAGES)

1. A Final Occupation Certificate will not be issued until all conditions of this consent have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act, 1979, and Regulation, 2000;

2. Prior to the issue of any Final Certificate of Occupancy, individual Certificates of Compliance are to be submitted to Yass Valley Council certifying that the following specialist work (as applicable to the development):


Electrical work


Note: A copy of the tradespersons license number, name, address and the Australian Standards to which the certificate relates is to be included on any Certificate of Compliance submitted to Yass Valley Council;




3. The developer shall restore, replace or reconstruct any damage caused to road pavements, surfaces, street furniture, roadside drainage, street lighting or underground facilities as a result of the construction of the development;

NOTES ACCOMPANYING DEVELOPMENT CONSENT NO 5.2012.143.1

1. This consent has been granted under Clause 9(2) of Yass Local Environmental Plan, 1987;

2. All fees and charges associated with this consent shall be adjusted annually from the date of this consent in accordance with seasonal movements in the CPI for the Canberra region;

3. Any additional Council inspection, beyond the scope of any Compliance Certificate package and needed to verify the compliance of any work, shall be charged at the individual inspection rate nominated in Council’s Fees and Charges Schedule;

4. The applicant shall ensure all sub-contractors are licensed by the NSW Department of Fair Trading;

5. The Occupational Health & Safety Act, 2000, the Occupational Health & Safety Regulation, 2001 and various Australian Standards provide a comprehensive set of risk control measures and procedures for development sites which cover all types of risk. This legislation is administered by Workcover New South Wales which has produced a variety of guidelines and other supporting documents for the information of developers.


(Jones/Frost) 441 FOR: Councillors R Abbey, C Burgess, G Butler, A Daniel, G Frost, J Jones, M McManus, D Needham and G Ware. AGAINST: Nil. 5. DWELLING HOUSE (SEPP 1) – CORREGANS ROAD, YASS RIVER

FILE: PR.6494 – JAC

PURPOSE OF REPORT

- To assume the concurrence of the Director-General of the Department of Planning to enable the approval of Development Application 5.2012.163.1.

- To consider Development Application 5.2012.163.1 for the erection of a Dwelling House and the Installation of a Septic Tank with Absorption Beds.

Note: One (1) submission was received during the notification period.

RESOLVED that -

1. That Council support the applicant’s proposed variation to the development standard contained within Clause 14(1) of Yass Local Environmental Plan 1987, in order to permit the construction of a Dwelling House on the subject land; and

2. That Council assume the concurrence of the Director-General of the Department of

Planning to vary the 80 hectare minimum area development standard; 3. That Council approves Development Application 5.2012.163.1 for the erection of a

Dwelling House and the Installation of a Septic Tank with Absorption Beds on Lot 8, DP 775895, Corregans Road, Yass River subject to the following conditions of development consent:


1. Consent is granted in accordance with the plan(s) and details submitted to Council with the Development Application. The plan and details have been




stamped and attached to this consent. The development shall be carried out in accordance with the stamped plans or as modified by these conditions;

2. Work on any building shall not commence until a Construction Certificate, complying in all respects with the provisions of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 and the Building Code of Australia, has been issued;

3. This approval relates only to the development referred to in the development application and specifically does not amount to an approval or acceptance by the Council of any works or buildings already erected on the land, whether or not those works or buildings are the subject of a prior development or building approval;

4. The capacity and effectiveness of runoff and erosion control measures shall be maintained at all times to the satisfaction of Council as shall any techniques to suppress dust and the tracking of sediment onto existing sealed roads;

5. All adjustments to existing utility services whether caused directly or indirectly by this proposed development are to be undertaken at the developer’s expense;

6. Water, electricity and gas are to comply with Section 4.1.3 of “Planning for Bush Fire Protection 2006”;

7. Property Access Roads shall comply with Section 4.1.3 (2) of “Planning for Bush Fire Protection 2006”;

8. Landscaping should be undertaken in accordance with Planning for Bushfire Protection 2006;

9. The colours and external materials used are to be of such a nature to be compatible with those of existing development in the locality.

Note: Reflective materials (i.e. zincalume and surf mist) are not permitted;


1. The applicant shall submit to Council a copy of an Owner Builder Permit or Home Owner’s Warranty Insurance for the proposed development;

2. Structural drawings prepared by a suitably qualified and experienced Structural Engineer being submitted to and approved by the Principal Certifying Authority prior to the issue of a Construction Certificate. The plans shall detail:

(a) Footings of the proposed structure;

(b) Bearers and Joist details;

3. The applicant must submit to Council a completed application form for the operation of the proposed on-site sewage management facility being Application to Operate an On-Site Sewage Management Facility (Form 6);

4. The applicant must submit to Council details of the Septic Tank to be installed.

Note: The Septic Tank must have a minimum Capacity of 3000L;

Note: The Septic Tank must hold a current NSW Health Certificate of Accreditation;

Note: The Septic Tank must be installed and maintained in strict accordance with the NSW Health Certificate Accreditation.

5. A revised site plan must be submitted to Council that clearly identifies the distance of the proposed Septic Tank from the dwelling, property boundaries and any water storage tanks.

Note: The Septic Tank must be located to achieve adequate drainage fall in compliance with Australian Standard 3500 from the dwelling.

Note: The Septic Tank must be located a minimum of:

• 10 metres downstream from any in-ground rainwater storage tank;




• 3 metres downstream from any above-ground rainwater storage tank;

• 3 metres from any dwelling or building;

• 3 metres from any property boundary;

PART C – BUILDING INSPECTIONS

1. A critical stage building inspection must be carried out by the Principal Certifying Authority (or another Certifying Authority if agreed by the Principal Certifying Authority except for the final) at the following stages of construction:


(a) After excavation of footings

After placement of erosion and sediment control measures, on-site toilet, signage and prior to pouring concrete or covering internal drainage;

(b) Bearers and joists Prior to placement of floor sheeting;

(c) Frame/Pre-sheet Prior to placing internal sheeting, after all internal services including water, plumbing and electrical are installed and external cladding has been fixed;

(d) Waterproofing of wet areas

Prior to placement of tiling and/or covering;

(e) Stormwater Prior to backfilling or covering pipes and connections to services;




2. As the local Water and Sewer Authority Yass Valley Council must undertake inspections at the following stages of construction:


(a) All internal and external drainage

Prior to backfill;

(b) All internal hot and cold plumbing works


(c) Subsoil or subsurface land application area and/or surface drip line prior to

Prior to backfilling or covering;




backfill or covering

(d) Prior to use of the system At point of commissioning of the system;

(e) At the completion of all plumbing works


3. Upon inspection of each stage of construction, the principal certifying authority (or other suitably qualified person on behalf of the principal certifying authority subject to the provisions of the Environmental Planning and Assessment Act 1979 and Regulation 2000) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s approval:




4. Roof truss and wall bracing details are to be supplied to the Principal Certifying Authority prior to any frame inspection;

PART D - COMPLIANCE CERTIFICATES

1. Engineering inspections shall be undertaken at the following stages of construction:

(a) Completion of the lot driveway access.

2. If Council is selected as the Principal Certifying Authority for engineering works, the fee per inspection shall be levied in accordance with Council’s Management Plan, relevant at the time of payment;

PART E - PRIOR TO COMMENCEMENT OF WORK

1. Council shall be informed of the name and details of the Principal Certifying Authority and the date construction work is proposed to commence, no later than 2 days prior to such commencement;

2. Appropriate soil erosion and sediment control measures shall be installed;

3. A sign shall be displayed in a prominent position on any site on which building, work, subdivision work or demolition work is being carried out.






4. Public access to the site and building works, materials and equipment on the site is to be restricted, when building work is not in progress or the site is unoccupied.

Note: Public safety provisions must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction;

5. A portable on-site toilet shall be provided;




6. The building(s) shall be set out by a registered surveyor to verify the correct position of each structure in relation to the property boundaries;

7. The driveway works contractors shall be recognised by Council as an “Approved Contractor” for such works;

PART F – CONSTRUCTION

1. All building work shall be carried out in accordance with the provisions of the Building Code of Australia (as amended) and all relevant Australian Standards;

2. Noise generated during construction of the proposed development shall comply with the provisions of the Protection of the Environment Operations Act, 1997;

3. To prevent water from entering the building, the floor level shall be a minimum of 225 mm above finished ground level. Seepage and surface waters shall be collected and disposed of without nuisance to adjoining properties;

4. Timber framing shall be in strict accordance with the National Timber Framing Code AS 1684;

5. All plumbing and drainage work shall be in strict accordance with Australian Standard 3500;

6. A properly constructed drain shall be placed in such a position as to divert all surface water runoff clear of the building area and all footings;

7. Stormwater from roof areas shall be linked to a Council approved disposal system immediately before placement of any roofing materials;

8. The dwelling shall be fitted with smoke detectors and/or fire alarms wired into the lighting or electrical circuits;

9. All construction waste associated with any demolition and construction work shall be separated into components of:

Asbestos;

Clean fill;


Steel;

Other metals;


Other material.



10. To minimise soil erosion and sediment movement during construction, the following measures shall be implemented:



(c) Stockpiles of construction and landscaping materials, and of site debris shall be located clear of drainage lines and in such a position that they are within the erosion containment boundary or are equivalently




protected from erosion and do not encroach upon any footpath, nature strip or roadway.



(f) The maximum height of fill under the slab shall be 450 mm. Where fill exceeds 450 mm, certification to be provided by a practising structural engineer and approved by the Principle Certifying Authority;

11. The proposed building is to be protected from the infestation of termites in accordance with the Building Code of Australia and AS3660.

Note: Upon completion of the building work, a durable notice must be permanently fixed to the building in a prominent location, such as a meter box or the like, indicating:

(a) the method of protection;

(b) the date of installation of the system;

(c) where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label; and

(d) the installer’s or manufacturer’s recommendations for the scope and frequency of future inspections for termite activity;

PART G – ONSITE SEWAGE MANAGEMENT FACILITY

1. The Septic Tank shall be located no closer than 3 metres from any building, 10 metres down slope from any in-ground rainwater storage tank, and 3 metres down slope from any above-ground rainwater storage tank;

2. The Septic Tank and disposal area shall be protected from damage by vehicular traffic and stock;

3. All stormwater and seepage from higher levels shall be diverted from the disposal area by a suitable drain;

4. The Septic Tank and absorption trench/evapotranspiration area with a minimum floor area of 75m2 must be installed in strict accordance with the effluent disposal report prepared by Rob Barker of Barker Harle Consulting Engineers;

PART H - PRIOR TO ISSUE OF INTERIM CERTIFICATE OF OCCUPANCY

1. The premises shall not be occupied until all conditions and requirements of BASIX Certificate Number: 427506S have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act, 1979, and Regulation, 2000;

Note: All critical stage inspections must be carried out in accordance with Section 109E(3)(d) of the Environmental Planning and Assessment Act, 1979 prior to the issue of any Occupation Certificate;

2. The applicant is to certify that all measures required to achieve compliance with BASIX Certificate Number: 427506S have been installed in the dwelling;

3. Potable water supply storage shall be provided on-site to the following minimum standard:

45,000 litres for houses less than 150 m2 ;

90,000 litres for houses in excess of 150 m2.

Above ground tanks shall provide for the refilling of fire tankers by the installation of a “Stortz” fitting at the base of the tank with a gate valve. The house service may branch off this outlet. Underground tanks shall include an access hole at least 150mm diameter;




4. A Commissioning Certificate from the installation company shall be submitted to Council, verifying the land application system for effluent disposal, has been installed in accordance with the manufacturer’s specifications;

5. The applicant is to certify that all measures required to achieve the level of construction of the dwelling as specified by the NSW Rural Fire Service (having due regard to Planning for Bushfire Protection 2006 and AS 3959 “Construction of Dwellings in Bushfire Prone Areas”) have been completed.

6. The property vehicular accesses from the road shall be upgraded/constructed to the following minimum standards:

Access points are to be located to achieve Approach Sight Distance (ASD) in accordance with Austroads standards.









Pipe Class 2 3 4


Catchment Size

Less than 0.5Ha

Less than 1Ha

Less than 2Ha

Less than 3Ha

3+Ha



Note: All disturbed surfaces adjacent to the works, either natural or manmade, will be required to be rehabilitated to a suitable state at the end of works;

PART I - PRIOR TO ISSUE OF A FINAL OCCUPATION CERTIFICATE

1. A Final Occupation Certificate will not be issued until all conditions of this consent have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act, 1979, and Regulation, 2000;




2. Prior to the issue of any Final Certificate of Occupancy, individual Certificates of Compliance are to be submitted to Yass Valley Council certifying that the following specialist work (as applicable to the development):


Electrical work


Note: A copy of the tradespersons license number, name, address and the Australian Standards to which the certificate relates is to be included on any Certificate of Compliance submitted to Yass Valley Council;

3. The developer shall restore, replace or reconstruct any damage caused to road pavements, surfaces, street furniture, roadside drainage, street lighting or underground facilities as a result of the construction of the development;

NOTES ACCOMPANYING DEVELOPMENT CONSENT NO 5.2012.143.1

1. All fees and charges associated with this consent shall be adjusted annually from the date of this consent in accordance with seasonal movements in the CPI for the Canberra region;

2. Any additional Council inspection, beyond the scope of any Compliance Certificate package and needed to verify the compliance of any work, shall be charged at the individual inspection rate nominated in Council’s Fees and Charges Schedule;

3. The applicant shall ensure all sub-contractors are licensed by the NSW Department of Fair Trading;

4. All internal rooms shall be provided with natural light and ventilation in accordance with the requirements of the Building Code of Australia;

5. Balconies more than 1 metre above ground shall be provided with a balustrade or other barrier that has minimum height of 1 metre, with balusters spaced at a maximum 125 mm;

6. The stairwell is to have a minimum headroom height of 2 metres, going of 240 mm and maximum risers of 190 mm. Slope relationship (2R+G) shall be within the range of 550 mm – 700 mm;

7. The door to a fully enclosed sanitary compartment shall:

- open outwards; or

- slide; or

- be readily removable from the outside of the compartment, unless there is a clear space of at least 1.2m between the closet pan within the sanitary compartment and the nearest part of the doorway;

8. The Principle Certifying Authority shall require that the building be designed in accordance with the Wind Loading Code AS 1170;

9. Land application systems for effluent disposal must be greater than 40 metres from any dam, 70 metres from any non-potable bore, 250 from any potable bore, 100 metres from any watercourse and no closer than 15 metres from any residence;

10. The Occupational Health & Safety Act, 2000, the Occupational Health & Safety Regulation, 2001 and various Australian Standards provide a comprehensive set of risk control measures and procedures for development sites which cover all types of risk. This legislation is administered by Workcover New South Wales which has produced a variety of guidelines and other supporting documents for the information of developers.





(Jones/Frost) 442 FOR: Councillors R Abbey, C Burgess, G Butler, A Daniel, G Frost, J Jones, M McManus, D Needham and G Ware. AGAINST: Nil.

6. OUTDOOR EATING & SIGNAGE - (PHE-POL-4) FILE: P.05.00.00 – TMH

PURPOSE OF REPORT

To adopt the draft “Outdoor Eating & Signage” Policy – PHE-POL-4.

RESOLVED that Council confirm and adopt draft “Outdoor Eating & Signage” Policy - PH-POL-4 as follows: (Jones/Ware) 443 Policy: OUTDOOR EATING & SIGNAGE PH-POL-4

Service: Development Assessment & Building Certification Manager

Responsible Officer: Development Assessment & Building Certification Manager

1. OBJECTIVES

To promote local business by providing guidelines for and encouraging the establishment of outdoor eating and sales/display areas in the north and south Yass Commercial precincts. To promote local business by providing guidelines for the display of sandwich board advertising in the north and south Yass Commercial precincts. To ensure that adjoining premises are not adversely affected by any outdoor eating areas. To ensure that pedestrian traffic is not unduly impeded by the occupation of the footpath of an outdoor eating area; and To ensure that the leased area is kept in a clean manner and maintained on a regular basis.

2. DEFINITIONS

Advertisement - means a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.

Advertising Structure - means a structure used or to be used principally for the display of an advertisement. Business Premises - means a building or place at or on which: (a) an occupation, profession or trade (other than an industry) is carried on for the

provision of services directly to members of the public on a regular basis, or (b) a service is provided directly to members of the public on a regular basis, and may

include, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, medical centres, betting agencies and the like, but does not include sex services premises.




Outdoor eating area - means the outdoor area adjacent to a restaurant, shop or take away food and drink premises which is situated on a Council owned footpath, road reserve or public place and is used for alfresco dining. Restaurant - means a building or place the principal purpose of which is the provision of food or beverages to people for consumption on the premises, whether or not takeaway meals and beverages or entertainment are also provided. Retail Premises - means a building or place used for the purpose of selling items by retail, or for hiring or displaying items for the purpose of selling them by retail or hiring them out, whether the items are goods or materials (or whether also sold by wholesale). Sales/Display area - means the outdoor area adjacent to business premises, retail premises, or shops which is situated on a Council owned footpath, road reserve or public place and is used for the sale and display of retail items. Sandwich Board Sign - means a free standing, portable advertising structure that is either hinged or unhinged and is placed on a footpath, road reserve or public place. Shop - means retail premises that sell groceries, personal care products, clothing, music, homewares, stationery, electrical goods or other items of general merchandise, and may include a neighbourhood shop, but does not include food and drink premises or restricted premises. Take Away Food and Drink Premises - means food and drink premises that are predominantly used for the preparation and sale of food or drink (or both) for immediate consumption away from the premises.

3. AREA OF APPLICATION OF THIS POLICY

This policy applies to the areas bordered in red in the north and south Yass Commercial precincts which are depicted in figures 1 and 2 of this policy.

4. THE IMPORTANCE OF FOOTPATHS

The footpath outside shops and business forms part of the overall commercial street character incorporating the buildings, footpaths, shop fronts and street furniture. If treated well, footpaths add to the vibrant nature of a commercial street. If treated poorly the use of footpaths can result in unnecessary clutter, obstructions for shoppers and a poor presentation to passers by.

5. POLICY

5.1 Outdoor eating/seating areas

Outdoor eating and seating areas may be provided in a variety of ways. They may include:

(a) umbrellas or some other form of shade structure; (b) a temporary barrier to clearly define the outdoor eating area where barriers

could include ropes or flower boxes.

5.2 Design Guidelines and Standards for Outdoor Eating and Sales/Display areas

Outdoor eating furniture, advertising signage and sales displays must:

(a) not unduly obstruct the free passage of pedestrians; (b) be located to maintain a clear pedestrian travel path of 2.0 metres; (c) be located to adjoin an approved retail or commercial use; (d) be carried out from a safe structure if a structure is used; (e) not be located in front of driveways or entrances to properties unless the

permission of the property owner has been obtained;




(f) comply with Council’s standards concerning food premises should outdoor eating be involved;

(g) be of a high standard in design and construction, which reflects the high exposure of the main street and the importance of a good first impression.

5.3 Sandwich board advertising

Permission to use sandwich board signs on footpaths may be granted for commercial premises in the north and south Yass commercial precincts subject to the following:

(a) signs shall be located to ensure a clear pedestrian travel zone of 2.0 metres in

width; (b) an area of 600 mm in width from the top of the kerb shall be kept clear; (c) the size of the signs shall be restricted to a maximum of 1.2 metres vertical and

1.0 metres horizontal; (d) signs shall be limited to a maximum of two per shop front; (e) the signs at all times is to be professionally presented; (f) Council is satisfied that the signs do not restrict or endanger the public use of

or obstruct the footway or interfere with public convenience; (g) the signs because of their construction, size, colour or material do not

endanger the public using the Council footways. 6. LICENSING & INSURANCE 6.1 Licensing

(a) an annual licence is to be obtained from Council to permit the: i. Placement of sandwich board signs;

ii. Establishment of outdoor eating areas and sales / displays areas. (b) if at any time the policy is contravened and an obstruction occurs, the licence

may be revoked by Council; (c) a security bond to the value of $200.00 must be paid with any application

lodged for the licencing of an outdoor eating area; (d) the bond shall be forfeited to Yass Valley Council if the cleanliness of the

footpath in and around outdoor eating area is of an unsatisfactory standard in which case Council will clean the footpath.

Note: Council reserves the right to apply any part or all of the security bond

to complete any necessary works as outlined above 6.2 Insurance

(a) the licensee shall obtain a public liability insurance policy to the minimum value of 10 million dollars;

(b) the public liability insurance policy must list Yass Valley Council as an interested party;

(c) the public liability insurance policy should include the insured’s business or profession.

7. STREET VENDING

Street vending involves the selling of articles either directly or from a stall on public roads and public places.

The Local Government Act 1993 (NSW) requires anyone engaged in street vending activity to obtain prior approval from Council. DA-POL-11 Use of Yass Central Business District Footpaths – Non Business addresses street vending.

OTHER RELEVANT POLICIES/PROCEDURES Previously known as Policy F.10, DA-POL-9 and PHE-POL-4 DA-POL-11 Use of Yass Central Business District Footpaths – Non Business




HISTORY

Minute No Date of Issue Action Author Checked By

16 December 2009 Amended Council Meeting Reviewed Paul De Szell

326 25 July 2012 Exhibition Council Meeting

Figure 1 – South Yass Business Precinct




Figure 2 – North Yass Business Precinct




7. COMMERCIAL HOTEL (DA 5.2012.81.1) FILE: 587 – PDS

PURPOSE OF REPORT

To advise of the progress of Development Application 5.2012.81.1 and comment on a Building Safety Inspection of the building RESOLVED that the information provided in this report be noted. (Needham/Ware) 444 8. DEVELOPMENT APPLICATION & ASSESSMENT DATA

FILE: G.02.01.00 – PDS

PURPOSE OF REPORT

• To provide information in relation to the activities undertaken by the Development Assessment and Building Certification Section during the first quarter of the 2012/2013 financial year;

• To provide information in relation to current development application trends. RESOLVED that the information provided in the report be noted. (Frost/Jones) 445

9. COMPLIANCE REPORT – FIRST QUARTER 2012/2013 FILE: L.03.00.00 – PDS

PURPOSE OF REPORT

To provide information in relation to the activities undertaken by Council’s Environmental Health and Rangers section during the first quarter of the 2012/2013 financial year. RESOLVED that the information provided in the report be noted. (Jones/Ware) 446

10. CUSTOMER SERVICE TARGETS – FIRST QUARTER 2012/2013

FILE: G 02.01.00 – PDS

PURPOSE OF REPORT

To provide an update on how current Customer Service Targets are being met by Planning and Environmental Services Staff.

RESOLVED that the information provided in the report be noted. (Jones/Needham) 447

11. FOOD SHOP INSPECTION PROGRAM 2011-2012 FILE: H.01.01.00 - JJC

PURPOSE OF REPORT To provide information in relation to the food shop inspection program carried out during 2011/2012. RESOLVED that the information provided in the report be noted. (Frost/Ware) 448




12. RURAL LANDS PLANNING

FILE: C.02.00.00 – PDS

PURPOSE OF REPORT

To provide an update on the status of Rural Lands Planning in the Yass Valley LGA.

RESOLVED that Council invite Mr Brett Whitworth the Regional Director – Southern Region, of the Department of Planning and Infrastructure to meet with both Councillors and the Yass Rural Lands Planning Section 355 Committee to explain the Departments requirements for the preparation of a “Planning Proposal” for rural lands.

(Needham/Burgess) 449

Director of Operations Report

1. YASS DAM UPGRADE – PROGRESS REPORT NO. 11

FILE: W.02.00.20 – SDC

PURPOSE OF REPORT

To provide an update on the progress of the Yass Dam Upgrade project.

RESOLVED that -

1. The information be received;

2. The information in relation to finance and contractor performance on the project be classified as CONFIDENTIAL and considered in the Closed Meeting of Council in accordance with Section 10A(2)(d) of the Local Government Act as the material is commercial information of a confidential nature.

(Burgess/Needham) 450 2. MINUTES OF THE SOUTH EAST WEIGHT OF LOADS GROUP MEETING

FILE: C.02.05.09 – LUK

PURPOSE OF REPORT

To present the minutes of the South East Weight of Loads Group (SEWOL) meeting held on 24 September 2012 in Queanbeyan.

RESOLVED that the minutes of the SEWOL Group meeting held on the 24 September 2012 be received. (Burgess/Needham) 451 3. DEFERRED PAYMENT OF DEVELOPER CONTRIBUTIONS - RIVERVIEW ESTATE

FILE: 4201 – SDC

PURPOSE OF REPORT

To seek Council’s consideration of an application for the deferred payment of Development Contributions in relation to Development Consents 312/2005 and 376/2008. RESOLVED that – 1. Council accept the applicant’s request to defer Section 64 payments for the Riverview

Estate subdivision (Development Consents 312/2005 and 376/2008);




2. The applicant submit an unconditional Bank Guarantee to Council to the value of $140,312.55 [water contribution ($84,132.19 plus 8.0% per annum) + sewer contribution ($41,208.15 plus 8.0% per annum)] with the guarantee only being returnable upon complete payment of the total contribution;

3. A cash amount equal to one eighth of the total contribution ($15,667.54 + 8.0% per annum from 25 October 2012) is to be paid to Council at point of sale of each block;

4. If all contributions have not been received by 30 June, 2014, Council may recall the Bank Guarantee for the balance owing.

(Frost/Jones) 452

Director of Corporate & Community Services Report 1. DONATIONS POLICY COP-POL-19

FILE: D.01.00.00 – CAC Councillor McManus declared an insignificant non-pecuniary interest in this matter.

PURPOSE OF REPORT

To seek Council’s determination regarding Schedule 1 of Donations Policy – COP-POL-19.

RESOLVED that the following Schedule be adopted and included as part of COP-POL-19:

1.1 DONATIONS

Organisation Purpose Donation Mount Carmel Central School Presentation Evening $ 150.00 Yass High School Presentation Evening $ 150.00 Yass Country Women’s Association

Support to organisation $ 750.00

Yass Senior Citizen’s Club Support to organisation $ 500.00

1.2 RATES AND CHARGES ASSISTANCE BY WAY OF DONATION

Organisation Facility Donation Bowning Hall Association Bowning Hall $1,615.51 Binalong Mechanics Institute Binalong Hall $1,328.16 Binalong Golf Club Open Space $2,553.25 Gundaroo Literacy Institute Literacy Institute $ 790.52 Gundaroo Community Association

Police Paddock $ 375.41

Yass Bowling Club Open Space $2,051.26 Yass Golf Club Open Space $3,877.48 Yass and District Historical Society

Yass Museum $1,841.80

Binalong CWA Binalong CWA Hall $ 440.00

1.3 INSURANCE (Amounts to be adjusted annually)

Organisation Facility Donation Yass and District Historical Society

Yass Museum $1,708.84

Yass Senior Citizens Club Yass Senior Citizens Hall $1,580.33 (Butler/Burgess) 453




2. DONATION REQUESTS

FILE: D.01.00.00 – CAC Councillor Frost declared an insignificant non-pecuniary interest in this matter.

PURPOSE OF REPORT

To seek Council’s determination regarding a donation requests.

RESOLVED that -

1. The application for a $220 donation to offset S68 fees from Bellmount Forest Rural Fire Service be approved;

2. The application for a $400 donation from Yass High School towards the breakfast Club and performing arts be approved;

3. The application for a $135 donation towards the hire of the memorial hall by the Yass Photography during Classic Yass be approved;

4. The application for a $185 donation towards the hire of the memorial hall for Can-Assist be approved as a contribution to this local not-for- profit community organisation.

(Burgess/Frost) 454

3. 2013 AUSTRALIA DAY CELEBRATIONS

FILE: A.06.02.00 – CAC

PURPOSE OF REPORT

To inform Council of arrangements for the 2013 Australia Day Celebrations and to seek Councillor representation on a selection committee to determine the 2013 Australia Day award recipients.

RESOLVED that –

1. Advertisements seeking nominations for 2013 Australia Day Awards in the following categories commence on Thursday 1 November 2012 and close on Monday 3rd December 2012;

- Citizen of the Year Award - Young Citizen of the Year Award - Senior Citizen of the Year Award - Community Group of the Year Award - Individual Community Service Award

2. The State Member for Burrinjuck be invited to the Australia Day celebration;

3. All nominees for 2013 Australia Day Awards be recognised for their contribution.

4. Council establish a selection committee comprising the Mayor, Councillors McManus, Burgess and Frost.

(Frost/Burgess) 455

4. MUNNAGAI YERRIBI (“LET’S WALK”) WALKING TRACK PROJECT

FILE: C.02.01.02 – CAC

PURPOSE OF REPORT

To seek endorsement of project including ongoing maintenance once it is constructed.




RESOLVED that –

1. Yass Valley Council provides a letter of support to the Buryana Aboriginal Corporation in respect of a grant application that is being submitted through the NSW Heritage Grant Program for the Munnagai Yerribi (Let’s Walk) project;

2. Yass Valley Council approves an increase in the 2012/13 budget of $14,500 as Council’s contribution towards the Munnagai Yerribi (Let’s Walk) project subject to the grant application by the Buryana Aboriginal Corporation being successful;

3. Council assumes ongoing responsibility for maintenance of the two tracks once constructed.

(Butler/Burgess) 456

5. MAJOR EVENT SPONSORSHIP

FILE: G.03.01.00 – SRH

PURPOSE OF REPORT

To provide a recommendation to Council regarding the 2012/2013 Major Event Sponsorship program in relation to Yass Show Society.

RESOLVED that Council agree to fund $2,790 for the Yass Show Society application under the same criteria as applied to other successful applicants (62% of $4,500).


6. INVESTMENT REPORT

FILE: F.01.04.04 – SJD

PURPOSE OF REPORT

Submitting Investment Report as at 30 September 2012.

RESOLVED that the Investment Report as at 30 September 2012 be received and it be noted that the summary has been prepared in accordance with the Act, the Regulations and Council’s Investment Policy.

(Butler/Burgess) 458 7. 2011/2012 ANNUAL FINANCIAL STATEMENTS

FILE: F01.00.01 –SFW

PURPOSE OF REPORT

Presentation of the Audited 2011/12 Annual Financial Statements.

RESOLVED that -

1. The Auditor’s Report be endorsed;

2. Council certify the Financial Statements present fairly, Council’s financial position and operating result for the year ended 30 June 2012, in accordance with Council’s accounting and other records;

3. The Statements be signed and forwarded to the Department of Local Government.





8. RATE ARREARS

FILE: A.02.00.06 – DLG

PURPOSE OF REPORT

To update Council on rates arrears.

RESOLVED that the information be noted.

(Frost/Needham) 460

Late Report

9. COUNCIL ADVISORY COMMITTEES

FILE: C.02.00.00 – SEN

PURPOSE OF REPORT

To advise Council on options for the Yass Main Street and proposed Education Committees.

RECOMMENDED that – 1. Council establishes the Yass Main Street Committee with the following Terms of Reference,

nominates the Councillor delegate and delays any decision on expanding the Terms of Reference until the forthcoming review of the Community Strategic Plan.

Yass Main Street Committee

Role: To enhance and promote the Yass CBD as a vibrant and functional retail precinct

Responsibilities: - To develop a long term main street strategy - To make recommendations in relation to infrastructure and physical

layout - To promote the precinct to encourage its use by residents and

visitors - To encourage investment in the precinct - To identify sources of funding to undertake improvement works

Delegations: Nil

Meetings: Quarterly or as required

Voting Members: Mayor, 1 Councillor and 4 community members who must be landlords or business operators in the Yass CBD Precinct and 1 representative from the Chamber of Commerce and 1 representative from the Yass Progress Association

Non Voting Members: General Manager, Director Corporate and Community Services, Director Planning & Environmental Services and Director Operations or their respective delegates

Chair: Mayor

Reports to: Submits minutes, reports & recommendations to Council through the Responsible Officer

Responsible Officer: General Manager

2. Council delays any decision on forming an Education Committee until the forthcoming review of the Community Strategic Plan.

MOTION WITHDRAWN (Jones/Burgess)




FORESHADOWED AMENDMENT

That Council establishes the Yass Valley Regional Development Committee with the following Terms of Reference and nominates three Councillor delegates:

Role:

Responsibilities: - Advise Council on long term strategy for the promotion and support of economic and social development in Yass Valley, including key economic centres.

- Advise Council on strategies for promoting and supporting tourism in Yass Valley.

- Assist Council in the implementation of development and tourism strategies.

Delegations: Nil

Meetings: Monthly or as required

Voting Members: 3 Councillors and 8 community members with appropriate qualifications and experience in Regional development, business and/or tourism.

Non Voting Members: General Manager, Director Corporate and Community Services, Director Planning & Environmental Services and Director Operations or their respective delegates

Chair: Councillor

Reports to: Submits minutes, reports & recommendations to Council through the Responsible Officer

Responsible Officer: General Manager MOTION LAPSED DUE TO NO SECONDER (Frost/)

RESOLVED that the Main Street Committee, Yass Valley Regional Development Committee and the Education Committee lay on the table.

(McManus/Needham) 461

General Manager’s Report

1. CHRISTMAS/NEW YEAR OFFICE HOURS

FILE: P.02.00.00 – DJR

PURPOSE OF REPORT

To seek Council’s endorsement of proposed office hours over the Christmas and New Year period.

RESOLVED that –

1. In addition to the public holidays, Council’s office be closed on 24, 27, 28 and 31 December 2012;

2. A policy be developed in relation to Christmas ‘shutdowns’ relating to the day of the week on which Christmas falls.

(Ware/McManus) 462




2. DECEMBER COUNCIL MEETING DATE

FILE: C.08.00.00 – DJR PURPOSE OF REPORT

Submitting the proposed meeting date for the December Council meeting.

RESOLVED that the December 2012 Ordinary Meeting of Council be held on Wednesday 19 December 2012 and no Ordinary meeting be held in January 2013.

(Burgess/Frost) 463 3. MINUTES OF REGIONAL COMMITTEE

FILE: C.02.07.00 – SKG

PURPOSE OF REPORT

To have Council receive, for information only, the draft Minutes of a recent meeting of the following Regional Committee: Country Mayors Association held on 17 August, 2012.

RESOLVED That the draft minutes of the Country Mayors Association meeting be received for information only.

(Burgess/Frost) 464

4. PECUNIARY INTEREST DECLARATIONS 2011/2012

FILE: G.02.05.00 – JAB

PURPOSE OF REPORT

To comply with section 450A of the Local Government Act 1993 – Statutory Requirements.

RESOLVED that the tabled Pecuniary Interest Returns for the period 1 July 2011 to 30 June 2012 prepared and presented under Section 449-450A for the following persons be noted:

Councillors: Rowena Abbey Jasmin Jones Greg Butler Cecil Burgess Ann Daniel Geoff Frost Michael McManus David Needham Garry Ware

Staff: Abdul Abujubbeh Kate McGrath Adam Baker Liz Makin Cathy Campbell John Mannweiler Jeff Cartwright Will Mayes Simon Cassidy Simon Muscat Grant Cooke Kym Nixon Joe Cooke Sheri Norton Paul De Szell Nahin Rahman Warrick Dunstan David Rothwell Barbara Gilbert David Rowe John Guiney Muzaffar Rubbani Sinead Hansen Hamish Scroope Alana Harmer Siva Sivakumar Peter Harvey Brent Skaines Kamrul Hasan Tony Stevens Tabitha Holliday Rick Tilley Ilija Kovacevic Sonia Workman Luka Kovacevic (Burgess/Frost) 465




5. COUNCILLORS QUESTIONS WITHOUT NOTICE

FILE: C.08.00.00 – JAB

PURPOSE OF REPORT

To provide information in reply to Councillors questions without notice.

RESOLVED that the information be received.

(Ware/Frost) 466

Councillors/Delegates Reports

1. Southern Slopes Noxious Plants Authority Councillors Burgess and Ware attended a SSNPA meeting last Thursday where Councillor Burgess was elected Chairman. He advised that work will be undertaken by the SSNPA on the chilean needle grass on Murrumbateman Road. 2. Rye Park Windfarm Community Consultative Committee Councillor Needham attended a committee meeting today where he stood down as Chairman and Nic Carmody was elected as independent chairman. He advised that the Windfarm Environmental Plan will be presented to the State Government in November.

Questions With or Without Notice 81/12 Lachlan Valley Regional Transport Committee Councillor Butler asked why Council is not heavily involved with the Lachlan Valley Regional Transport Committee? The General Manager advised that that committee is not in our geographical area and Council is involved with the Southern Slopes Transport Working Group.

Confidential Reports

Closed Council In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public. RESOLVED that the meeting be closed to the public in accordance with Clause 10A(1) of the Local Government Act 1993. (Frost/Daniel) 467 Closed Council commenced at 8.00 pm. 1. YASS DAM UPGRADE – PROGRESS REPORT NO. 11 FILE: W.02.00.20 – SDC

Reason for Confidentiality This item is classified CONFIDENTIAL under Section 10A(2)(d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:




(d) commercial information of a confidential nature.

RESOLVED that the information be received. (McManus/Ware) 468 RESOLVED that Council move out of closed Council and into open Council. (Burgess/Jones) 469 Open Council resumed at 8.04 pm. RESOLVED that the recommendations in Closed Council be adopted. (McManus/Ware) 470 The meeting closed at 8.06 p.m.

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