I hereby give notice that an Ordinary Meeting of Council will be held on:

 

Date:

Tuesday, 24 September 2019

Time:

1.00pm

Location:

Narrabri Shire Council Chambers

46-48 Maitland Street

Narrabri

Agenda

 

Ordinary Council Meeting

24 September 2019

 

Stewart Todd

General Manager

 

 


Ordinary Council Meeting Agenda                      24 September 2019

PUBLIC FORUM (held outside formal Council Meeting)

 

The Council may hold a public forum prior to each Ordinary Meeting of the Council for the purpose of hearing oral submissions from members of the public on items of business to be considered at the meeting (listed on the Agenda).

 

Public forums may also be held prior to Extraordinary Council Meetings and meetings of committees of the Council.

 

Public forums are to be chaired by the mayor or their nominee.

 

Request to Speak in the Public Forum

 

To speak at a public forum, a person must first make an application to the Council in the approved form. Applications to speak at the public forum must be received by 5pm on the working day before the date on which the public forum is to be held and must identify the item of business on the agenda of the Council meeting the person wishes to speak on, and whether they wish to speak ‘for’ or ‘against’ the item.

 

Approved speakers at the public forum are to register with the Council any written, visual or audio material to be presented in support of their address to the Council, and to identify any equipment needs at 5pm on the working day before the Public Forum.

 

The General Manager or their delegate may refuse to allow such material to be presented.

 

A person may apply to speak on no more than 2 items of business on the agenda of the Council Meeting.

 

Legal representatives acting on behalf of others are not to be permitted to speak at a public forum unless they identify their status as a legal representative when applying to speak at the public forum.

 

The General Manager or their delegate may refuse an application to speak at a public forum.

 

No more than three (3) speakers are to be permitted to speak ‘for’ or ‘against’ each item of business on the agenda for the Council Meeting.

 

If more than the permitted number of speakers apply to speak ‘for’ or ‘against’ any item of business, the general manager or their delegate may, in consultation with the mayor or the mayor’s nominated chairperson, increase the number of speakers permitted to speak on an item of business, where they are satisfied that it is necessary to do so to allow the council to hear a fuller range of views on the relevant item of business.

 

Each speaker will be allowed three (3) minutes to address the Council. This time is to be strictly enforced by the Chairperson.

 

The Chairperson of the meeting can grant one extension of up to a maximum of two (2) minutes, should further information, be considered to be important to the Council. This is solely at the discretion of the Chair.

 

Speakers at public forums must not digress from their nominated item on the agenda. If a speaker digresses to irrelevant matters, the Chairperson is to direct the speaker not to do so. If a speaker fails to observe a direction from the chairperson, the speaker will not be further heard.

 

A councillor (including the chairperson) may, through the chairperson, ask questions of a speaker following their address at a Public Forum. Questions put to a speaker must be direct, succinct and without argument. Debate will not be permitted by the speaker, Councillors or staff.

 

Speakers are under no obligation to answer a question. Answers by the speaker, to each question are to be limited to three (3) minutes.

 

Speakers at public forums cannot ask questions of the Council, Councillors or Council staff.

 

The general manager or their nominee may, with the concurrence of the chairperson, address the council for up 5 minutes in response to an address to the council at a public forum after the address and any subsequent questions and answers have been finalised.

 

Where an address made at a public forum raises matters that require further consideration by council staff, the general manager may recommend that the council defer consideration of the matter pending the preparation of a further report on the matters.

 

The “Request to Speak in Public Forum”, at an Ordinary Council Meeting, can be obtained, from Council’s Administration Office, or by downloading it from Council’s website at:

 

http://www.narrabri.nsw.gov.au/speaking-at-public-forum-1232.html

 

 

 

No camera allowed

 

Use of mobile phones and unauthorised recording of meetings

 

Councillors, council staff and members of the public must ensure that mobile phones are turned to silent during meetings of the council and committees of the council.

(Clause 15.20 Code of Meeting Practice)

A person must not live stream or use an audio recorder, video camera, mobile phone or any other device to make a recording of the proceedings of a meeting of the council or a committee of the council without the prior authorisation of the Council.

(Clause 15.21 Code of Meeting Practice)

 

Mayor

Cr Cathy Redding

Deputy Mayor

Cr Robert Kneale

Cr Maxine Booby

Cr Ron Campbell

Cr Ron Campey

Cr Lloyd Finlay

Cr Ann Loder

Cr Annie McMahon

Cr Cameron Staines

General Manager

Mr Stewart Todd

Director

Infrastructure Delivery

Mr Darren Raeck

 

 

 

 

Director

Corporate Services

Mr Lindsay Mason

Director

Development &

Economic Growth

Mr Daniel Boyce

 


 

 


Ordinary Council Meeting Agenda                      24 September 2019

AGENDA

1         Opening Prayer by a Member of the Narrabri Minister’s Fraternal 9

2         Acknowledgement of Country. 9

3         Apologies/Granting of Leave of Absences. 9

4         Declaration of Pecuniary and Non- Pecuniary Interests. 9

5         Items to be Considered in the Confidential (Public Excluded) Meeting. 9

6         Confirmation of Minutes. 10

7         Mayoral Minute. 30

7.1           Mayoral Minute - Mayoral Appointments for August/September 2019. 30

7.2           Mayoral Minute - Request for Donation - The Long Ride. 33

8         Our Society. 37

8.1           Narrabri West Roundabout - NSW Government Response. 38

8.2           Waterloo Creek State Heritage Register Nomination. 41

8.3           Bellata Recreation Precinct Plan. 45

8.4           Notice of Motion - Wee Waa Doctor Housing. 49

9         Our Environment. 50

9.1           Draft Wee Waa Levee Risk Management Study and Plan. 51

9.2           Amendment of Section 7.11 Contributions Plan. 68

9.3           Amendment of Section 7.12 Fixed Development Consent levies Contributions Plan. 70

10       Our Economy. 73

10.1         Development Application 77/2019 - Proposed two lot subdivision of 1 Guest Street, Narrabri 74

11       Our Civic Leadership. 102

11.1         Request for Leave of Absence - Councillor McMahon. 103

11.2         Delegates Report - New England Joint Organisation Meeting - August 2019. 105

11.3         Delegates Report - Maules Creek Coal Community Consultative Committee Meeting - 14 August 2019. 113

11.4         Delegates Report - Boggabri Coal Community Consultative Committee Meeting - 15 August 2019. 121

11.5         Delegates Report - Leards Forest Environmental Trust Committee Meeting - Thursday 16 May 2019. 127

11.6         Electoral Commission - 2020 Council Elections. 132

11.7         Investment Report - August 2019. 134

11.8         Ordinary Council Meeting Dates 2019/2020. 138

11.9         Creation of the Office of Deputy Mayor. 141

11.10      Annual Appointment to Council Committees. 145

11.11      Annual Appointment of Council Delegates. 148

12       Confidential (Closed Council) Meeting. 152

Nil reports.

13       Meeting Closed. 152

 


1            Opening Prayer by a Member of the Narrabri Minister’s Fraternal

Members and officers are asked to be upstanding for the opening prayer.

2            Acknowledgement of Country

I’d like to begin by acknowledging the Traditional Owners of country throughout Australia, and in particular the Gomeroi People of the Kamilaroi Nation, and recognise their continuing connection to land, waters and culture.

We pay our respects to their Elders past, present and emerging.

3            Apologies/Granting of Leave of Absences

 

4            Declaration of Pecuniary and Non- Pecuniary Interests

Councillors are reminded of their obligation to declare their interest in any matters listed before them.

In considering your interest, you are reminded to include pecuniary, non-pecuniary and conflicts of interest as well as any other interest you perceive or may be perceived of you.

Councillors may declare an interest at the commencement of the meeting, or alternatively at any time during the meeting should any issue progress or arise that would warrant a declaration.

Councillors must state their reasons in declaring any type of interest.

5            Items to be Considered in the Confidential (Public Excluded) Meeting

Extract from Council’s Code of Meeting Practice:

14          CLOSURE OF COUNCIL MEETINGS TO THE PUBLIC

Grounds on which meetings can be closed to the public

14.1      The council or a committee of the council may close to the public so much of its meeting as comprises the discussion or the receipt of any of the following types of matters:

(a)      personnel matters concerning particular individuals (other than councillors),

(b)      the personal hardship of any resident or ratepayer,

(c)       information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

(d)      commercial information of a confidential nature that would, if disclosed:

(i)     prejudice the commercial position of the person who supplied it, or

(ii)   confer a commercial advantage on a competitor of the council, or

(iii)  reveal a trade secret,

(e)      information that would, if disclosed, prejudice the maintenance of law,

(f)       matters affecting the security of the council, councillors, council staff or council property,

(g)      advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege,

(h)      information concerning the nature and location of a place or an item of Aboriginal significance on community land,

(i)       alleged contraventions of the council’s code of conduct.

           Note: Clause 14.1 reflects section 10A(1) and (2) of the Act.

14.2      The council or a committee of the council may also close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public.

                       Note: Clause 14.2 reflects section 10A(3) of the Act.

 

6            Confirmation of Minutes

Recommendation

That the minutes of the Ordinary Meeting of the Narrabri Shire Council held on 27 August 2019 comprising Minute Nos 171/2019 to 193/2019 as circularised be confirmed and signed as a correct record by the Mayor.

 

Recommendation

That the minutes of the Extraordinary Council Meeting of the Narrabri Shire Council held on 12 September 2019 comprising Minute Nos 194/2019 to 200/2019 as circularised be confirmed and signed as a correct record by the Mayor.


MINUTES OF narrabri SHIRE council
Ordinary Council Meeting
HELD AT THE
Narrabri Shire Council Chambers, 46-48 Maitland Street, Narrabri
ON
Tuesday, 27 August 2019 AT 1.00pm

 

PRESENT:                    Cr Catherine Redding (Mayor), Cr Robert Kneale (Deputy Mayor), Cr Maxine Booby, Cr Ron Campbell, Cr Lloyd Finlay, Cr Ann Loder, Cr Annie McMahon, Cr Cameron Staines

IN ATTENDANCE:      Stewart Todd (General Manager), Lindsay Mason (Director Corporate Services), Darren Raeck (Director Infrastructure Delivery), Daniel Boyce (Director Development & Economic Growth), Delece Hartnett (Administration)

 

Proceedings of the meeting commenced at 1.00pm.

1               Opening Prayer by a Member of the Narrabri Minister’s Fraternal

Members and officers were upstanding for the opening prayer by Rev. Ralph Wood of Narrabri Anglican Church, in association with the Narrabri Ministers Fraternal.

2               Acknowledgement of Country

The Mayor acknowledged the Traditional Owners of the land on which the Council met, the Kamilaroi people, and paid her respects to Elders past and present.

3               Apologies/Granting of Leave of Absences

As vide Minute No. 154/2019 from the July 2019 Ordinary Council Meeting, Cr Campey is on approved ‘Leave of Absence’ until 30 September 2019, which covers the August 2019 Ordinary Council Meeting.

 

4               Declaration of Pecuniary and Non- Pecuniary Interests

Nil.

5               Items to be Considered in the Confidential (Public Excluded) Meeting

Minute  171/2019   

Moved:       Cr Robert Kneale               Seconded:        Cr Annie McMahon

The following matters will be considered in the Closed (Public Excluded) Meeting:

12.1         Corporate Air - Fees and Charges

12.2         Mayoral Minute - General Manager Annual Performance Review - period ending June 2019

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

6               Public Forum and Presentations

Public Forum requests received to date:

·       Nil.

Presentation requests received to date:

·       Nil.

7               Confirmation of Minutes

Minute  172/2019  

Moved:       Cr Maxine Booby              Seconded:        Cr Ann Loder

That the minutes of Ordinary Meeting of the Narrabri Shire Council held on 23 July 2019 comprising Minute Nos 140/2019 to 170/2019 as circularised be confirmed and signed as a correct record by the Mayor.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

8               Mayoral Minute

8.1           Mayoral Minute - Narrabri Gas Project

Minute  173/2019  

Moved:       Cr Catherine Redding

That the General Manager provide an update report to Council on the Narrabri Gas Project, Council’s Submission(s) to the Narrabri Gas Project and the Proponent’s Response to Submissions.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

8.2           Mayoral Minute - Mayoral Appointments for July/August 2019

Minute  174/2019  

Moved:       Cr Catherine Redding

That Council note the Mayoral Appointments for the period July/August 2019.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

9               Our Society

9.1           Report of the Narrabri Shire Crime Prevention Advisory Committee and the draft Narrabri Shire Crime Prevention Plan 2019-2023

Minute  175/2019  

Moved:       Cr Ann Loder                      Seconded:        Cr Annie McMahon

1.    That Council adopt the minutes of the Narrabri Shire Crime Prevention Advisory Committee meeting held on Tuesday, 25 June 2019.

2.    That Council endorse the change of name from the Narrabri Shire Crime Prevention Plan 2019 – 2023 to the Narrabri Shire Community Safety and Crime Prevention Plan 2019 -2023.

3.    That Council endorse the draft Narrabri Shire Community Safety and Crime Prevention Plan 2019 – 2023 for public exhibition for a minimum of 28 days.

4.    That Council place on exhibition the draft document for a period of at least 28 days, during the exhibition period call for and accept submissions from the public on the draft document.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 


 

9.2           Public Safety Closed-Circuit Television (CCTV) Camera Policy

Minute  176/2019  

Moved:       Cr Annie McMahon          Seconded:        Cr Maxine Booby

That Council endorse the draft Public Safety Closed-Circuit Television (CCTV) Camera Policy for public exhibition for a minimum of 28 days, during the exhibition period call for and accept submissions from the public on the draft Policy.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

9.3           Delegates Report - Wee Waa Local Health Service Advisory Committee Meeting - 22 July 2019

Minute  177/2019  

Moved:       Cr Maxine Booby              Seconded:        Cr Ann Loder

That Council note the Delegates Report from Cr Booby from the Wee Waa Local Area Health Service Advisory Committee Meeting held on Monday 22 July 2019.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

10            Our Environment

10.1         Leards Forest Precinct Environmental Trust Funding Applications - November 2018

Minute  178/2019  

Moved:       Cr Lloyd Finlay                   Seconded:        Cr Robert Kneale

That Council, pursuant to the provisions of section 356 of the Local Government Act 1993, grant financial assistance from the Environmental Grant Program to Fairfax Public School for the amount of $22,500.63 and to Boggabri and District Historical Society/Men’s Shed the amount of  $4,220.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

11            Our Economy

11.1         Federation Farm Share Farming Agreement

Minute  179/2019  

Moved:       Cr Lloyd Finlay                   Seconded:        Cr Robert Kneale

That Council authorise the Mayor and General Manager to sign, under the common seal of Council, all necessary documentation pertaining to the Federation Farm Share Farming Agreement for the period from 1 January 2020 until 31 December 2024.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

12            Our Civic Leadership

12.1         Review of Community Grant Policy

Minute  180/2019  

Moved:       Cr Maxine Booby              Seconded:        Cr Lloyd Finlay

That Council endorse the draft/revised Community Grants Policy for public exhibition for a minimum of 28 days, during the exhibition period call for and accept submissions from the public on the draft Policy.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

12.2         Re-naming of Lagoon Bridge, Wee Waa

Motion

Moved:       Cr Maxine Booby              Seconded:        Cr Lloyd Finlay

 

That Council defer the decision for one month on item 11.2 – ‘Re-naming of Lagoon Bridge, Wee Waa’, to allow further research on the one (1) formal submission that was received during the public submission period.

In Favour:         Crs Maxine Booby and Lloyd Finlay

Against:             Crs Catherine Redding, Robert Kneale, Ron Campbell, Ann Loder, Annie McMahon and Cameron Staines

lost 2/6

Minute  181/2019  

Moved:       Cr Ron Campbell               Seconded:        Cr Ann Loder

That Council having regard to public submission and comments, Council rescind its renaming proposal and leave the name of the Lagoon Bridge Wee Waa unchanged. 

In Favour:         Crs Catherine Redding, Robert Kneale, Ron Campbell, Lloyd Finlay, Ann Loder and Annie McMahon

Against:             Crs Maxine Booby and Cameron Staines

carried 6/2

 

12.3         Report of the Audit, Risk and Improvement Committee

Minute  182/2019  

Moved:       Cr Cameron Staines         Seconded:        Cr Robert Kneale

That Council note the Minutes of the Audit, Risk and Improvement Committee meeting held on 17 July 2019.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

 

 

 

12.4         Annual Service Plan Report - June 2019

Minute  183/2019  

Moved:       Cr Lloyd Finlay                   Seconded:        Cr Robert Kneale

That Council adopt the annual service plan report, as attached, detailing Council’s progress in meeting its actions, capital works program and key performance measures for the 2018/19 financial year.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

12.5         Delivery Program 6 Monthly Progress Report - June 2019

Minute  184/2019  

Moved:       Cr Ron Campbell               Seconded:        Cr Ann Loder

That Council adopt the Delivery Program 6 Monthly Progress Report, as attached, detailing Council’s progress in meeting its objectives, strategies and measures up to the June 2019 period.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

12.6         Swimming Pool Barrier Inspection Program

Minute  185/2019  

Moved:       Cr Robert Kneale               Seconded:        Cr Ron Campbell

That Council adopt the Swimming Pool Barrier Inspection Program.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

 

 

12.7         Australia Day Citizen Awards

Minute  186/2019  

Moved:       Cr Maxine Booby              Seconded:        Cr Lloyd Finlay

That Council adopt the proposed amendments to the current application guidelines for the Young Citizen of the Year being 25 years or younger on 26 January of the relevant year and Citizen of the Year being 26 years or over on 26 January of the relevant year.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Annie McMahon and Cameron Staines

Against:             Cr Ann Loder

carried 7/1

 

12.8         Investment Report - July 2019

Minute  187/2019  

Moved:       Cr Ann Loder                      Seconded:        Cr Robert Kneale

That Council note the Investment Report for July 2019.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

12.9         Delegates Report - Country Mayors Association Meeting - 2 August 2019

Minute  188/2019  

Moved:       Cr Catherine Redding      Seconded:        Cr Annie McMahon

That Council note Mayor Reddings’ Delegate Report from the Country Mayors Association Ordinary Meeting held in Sydney on Friday 2 August 2019.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

 

 

12.10      LG Professionals NSW - Col Mills Memorial Award

Minute  189/2019  

Moved:       Cr Maxine Booby              Seconded:        Cr Ron Campbell

That Council congratulate Miss Samantha Ratley in being:

a.    Awarded the LG Professionals NSW 2019 Col Mills Memorial Award; and

b.   Awarded the LG Professionals Australia 2019 Raymond West Scholarship.

c.    A Finalist in the LG Professionals Australia's National Emerging Leader of the Year Award.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

13            Confidential (Closed Council) Meeting

Minute  190/2019  

Moved:       Cr Robert Kneale               Seconded:        Cr Maxine Booby

That at 2.40pm Council move into Closed (Public Excluded) Meeting of Council and that the press and members of the public be asked to leave the room whilst Council considers the following items:

13.1         Corporate Air - Fees and Charges

This matter is considered to be confidential under Section 10A(2) - (d)(i) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

13.2         Mayoral Minute - General Manager Annual Performance Review - period ending June 2019

This matter is considered to be confidential under Section 10A(2) - (a) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with personnel matters concerning particular individuals (other than councillors).

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0


 

13.1         Corporate Air - Fees and Charges

Minute  191/2019  

Moved:       Cr Ron Campbell               Seconded:        Cr Annie McMahon

COUNCIL HAS TEMPORARILY WITHHELD POINTS (1) – (3) FOR THIS RESOLUTION under Section 10A(2) of the Local Government Act 1993, for the following reasons:

                       (d)      (ii) information that would, if disclosed, confer a commercial advantage on a                                     competitor of the council

                       (d)      (iii) information that would, if disclosed, reveal a trade secret

 

4.  That Council formally advise both Federal & State Members regarding Council’s upcoming motion being presented to the LGNSW Annual Conference being held in October 2019, and request their strong support for more appropriate airport slots for the Narrabri/Sydney RPT Service.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Annie McMahon and Cameron Staines

Against:             Cr Ann Loder

carried 7/1

13.2         Mayoral Minute - General Manager Annual Performance Review - period ending June 2019

Minute  192/2019  

Moved:       Cr Ron Campbell               Seconded:        Cr Cameron Staines

That Council adopt the following recommendations in accordance with the Review Panel:

1.    That the record of performance assessment as recorded in the General Manager’s 2018/19 Performance Agreement Annual Review be submitted to Council to receive and note.

2.    That it be noted in the opinion of the Performance Review Panel, the General Manager, Stewart Todd, is performing at a level that is a ‘Better Than Satisfactory’ standard in terms of the rating scale within the Agreement, and his performance was assessed as being ‘Better than Satisfactory’ (a term used in the General Manager’s Standard Contract).

3.    Note the report of the General Manager Performance Review Panel.

4.    Note the finding of the Panel on the General Manager’s Annual Performance Review for the period ending 30 June 2019, in particular, the Panel’s summary assessment:

a.    The Panel has noted a ‘Better than Satisfactory’ standard. The Panel notes that the General Manager has ensured that continual improvements are being seen. The Panel further noted the hard work being done and the General Manager’s dedication for ensuring Narrabri Shire is at the forefront of service delivery, and our communities are given the opportunity to achieve their full potential.

5.    Note that the Panel is developing a Performance Agreement for 2019/20. The Panel is recommending that the Performance Agreement for 2019/20 be based on the new format as presented at the Meeting.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 8/0

 

MINUTE  193/2019 

Moved:       Cr Cameron Staines         Seconded:        Cr Annie McMahon

That at 3.27pm Council move out of Closed (Public Excluded) Meeting and that the resolutions from the Closed (Public Excluded) Meeting be read out aloud.

In Favour:         Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:       Nil

carried 8/0

 

13            Meeting Closed

The Meeting closed at 3.28pm.

 

 

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 24 September 2019.

 

 

...................................................

CHAIRPERSON


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MINUTES

 

 

Extraordinary Council Meeting

 

12 September 2019

 

 

 

 

 

 


 

MINUTES OF Narrabri Shire council
Extraordinary Council Meeting
HELD AT THE
Narrabri Shire Council Chambers, 46-48 Maitland Street, Narrabri
ON
Thursday, 12 September 2019 AT 6.00 pm

 

PRESENT:                    Cr Catherine Redding (Mayor), Cr Robert Kneale (Deputy Mayor), Cr Ron Campbell, Cr Lloyd Finlay, Cr Ann Loder, Cr Annie McMahon, Cr Cameron Staines.

IN ATTENDANCE:      Stewart Todd (General Manager), Lindsay Mason (Director Corporate Services), Darren Raeck (Director Infrastructure Delivery), Delece Hartnett (Administration).

 

1               Opening Prayer by a Member of the Narrabri Minister’s Fraternal

Members and officers are asked to be upstanding for the opening prayer read by Mayor, Cr Cathy Redding.

2               Acknowledgement of Country

I’d like to begin by acknowledging the Traditional Owners of the land on which we meet today, the Kamilaroi people, and pay my respects to Elders past and present.

3               Apologies/Granting of Leave of Absences

Minute  194/2019  

Moved:       Cr Ron Campbell               Seconded:        Cr Robert Kneale

That the apologies received from Cr Booby be accepted and the leave of absence granted to Cr Campey be noted.

In Favour:         Crs Catherine Redding, Robert Kneale, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 7/0

 

4               Declaration of Pecuniary and Non-Pecuniary Interests

Nil.

 

 

 

5               Items to be Considered in the Confidential (Public Excluded) Meeting

Minute  195/2019  

Moved:       Cr Annie McMahon          Seconded:        Cr Lloyd Finlay

The following matters will be considered in the Closed (Public Excluded) Meeting:

7.1           Northern NSW Inland Port (N2IP)

7.2           Contract 2019-20/06 - Design and Construction of a Replacement Bridge at Tarriaro, Narrabri

In Favour:         Crs Catherine Redding, Robert Kneale, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 7/0

 

6               Public Forum and Presentations

Public Forum requests received to date:

·       Nil

Presentation requests received to date:

·       Nil

Director Infrastructure Delivery bought the Council’s attention to the report titled “Contract 2019-20/06 - Design and Construction of a Replacement Bridge at Tarriaro, Narrabri” which was circulated with and included in the Extra-Ordinary Council Meeting Business Paper.

CHAirperson ruling

The Chairperson ruled that the matter; Contract 2019-20/06 - Design and Construction of a Replacement Bridge at Tarriaro, Narrabri, was of great urgency.

 

Minute  196/2019  

Moved:       Cr Catherine Redding      Seconded:        Cr Cameron Staines

That Council consider the report  titled “Contract 2019-20/06 - Design and Construction of a Replacement Bridge at Tarriaro, Narrabri, at the Extra-Ordinary Council Meeting 12 September 2019

.In Favour:        Crs Catherine Redding, Robert Kneale, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 7/0

 

7               Confidential (Closed Council) Meeting

Minute  197/2019  

Moved:       Cr Ron Campbell               Seconded:        Cr Ann Loder

That at 6.06pm Council move into Closed (Public Excluded) Meeting of Council and that the press and members of the public be asked to leave the room whilst Council considers the following items:

7.1           Northern NSW Inland Port (N2IP)

This matter is considered to be confidential under Section 10A(2) - (c), (d)(i) and (d)(ii) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business, commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and information that would, if disclosed, confer a commercial advantage on a competitor of the council.

7.2           Contract 2019-20/06 - Design and Construction of a Replacement Bridge at Tarriaro, Narrabri

This matter is considered to be confidential under Section 10A(2) - (d)(i) and (d)(ii) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and information that would, if disclosed, confer a commercial advantage on a competitor of the council.

 In Favour:        Crs Catherine Redding, Robert Kneale, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 7/0

  7.1         Northern NSW Inland Port (N2IP)

Minute  198/2019

Moved:       Cr Ron Campbell               Seconded:        Cr Annie McMahon

COUNCIL HAS TEMPORARILY WITHHELD RESOLUTIONS 1 – 3 FOR THIS MATTER under Section 10A(2) of the Local Government Act 1993, for the following reasons:

(c)         information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

(d)        commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it,

(ii) confer a commercial advantage on a competitor of the council

.In Favour:        Crs Catherine Redding, Robert Kneale, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 7/0

 

7.2           Contract 2019-20/06 - Design and Construction of a Replacement Bridge at Tarriaro, Narrabri

Minute  199/2019  

Moved:       Cr Robert Kneale               Seconded:        Cr Annie McMahon

1.    That Council note that after assessing the tenders submitted (in accordance with the criteria specified in the tender documents) and having regard to all the circumstances, the Tender Panel recommends that Council accept the tender from Saunders Civilbuild Pty Ltd in the GST exclusive amount of $1,899,404.58 for Contract No. 2019-20/06 – Design & Construction of a Replacement Bridge at Tarriaro, Narrabri.

2.    That Council accept the tender from Saunders Civilbuild Pty Ltd in the GST exclusive amount of $1,899,404.58 for Contract No. 2019-20/06 – Design & Construction of a Replacement Bridge at Tarriaro, Narrabri and authorise the General Manager to sign the contract documents.

3.    That Council maintain the confidentiality of the documents and considerations in respect of Contract No. 2019-20/06 – Design & Construction of a Replacement Bridge at Tarriaro, Narrabri

.In Favour:        Crs Catherine Redding, Robert Kneale, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 7/0

 

Minute  200/2019  

Moved:       Cr Annie McMahon          Seconded:        Cr Ron Campbell

That at 6.58pm Council move out of Closed (Public Excluded) Meeting and that the resolutions from the Closed (Public Excluded) Meeting be read out aloud.

In Favour:         Crs Catherine Redding, Robert Kneale, Ron Campbell, Lloyd Finlay, Ann Loder, Annie McMahon and Cameron Staines

Against:             Nil

carried 7/0

 

 

 

 

 

8               Meeting Closed

The Meeting closed at 6.59pm.

 

The minutes of this meeting are scheduled to be confirmed at the Ordinary Meeting of the Narrabri Shire Council held on 24 September 2019.

 

...................................................

CHAIRPERSON

 


Ordinary Council Meeting Agenda                      24 September 2019

7            Mayoral Minute

7.1           Mayoral Minute - Mayoral Appointments for August/September 2019

Responsible Officer:     Catherine Redding, Mayor

Author:                              Delece Hartnett, Personal Assistant to GM & Mayor

Attachments:                  Nil

 

RECOMMENDATION

That Council note the Mayoral Appointments for the period August/September 2019.

 

MAYORAL MINUTE

For the information of Councillors, I provide details of my Mayoral appointments and attendances between the dates (onwards from last Council Meeting) as follows:

Monday 26 August 2019

·    Attended the New England Joint Organisation (NEJO) Board Meeting, with General Manager also present, and member councils of NEJO.

·    Attended Dangar Park - Wee Waa, for media scheduling/appointment for the opening of the recently upgraded Playground facilities within the Park.

Tuesday 27 August 2019

·    Attended August 2019 Ordinary Council Meeting, with Councillors and Senior staff also in attendance.

Wednesday 28 August 2019

·    Attended ‘Financial Issues in Local Government’ training/professional development for Councillors within the Council Chambers, with Councillors also in attendance.

Friday 30 August 2019

·    Participated in ABC Rural Radio (morning) interview regarding the Crime Prevention Plan adoption at the August 2019 Council Meeting.

Sunday 1 September 2019

·    Attended the NOSH ‘Long Lunch’ event as Council representative.

Monday 2 September 2019

·    Attended ‘initial meeting’ with local business owner for confirmation on handover/sale of business to national firm, prior to a meeting with new firm during/later the same week.

·    Meeting with Library Manager to discuss State Library Funding and the CNRL Contribution, going forward with the Zone Meeting to be attended in September 2019.

Tuesday 3 September 2019

·    Attended September 2019 Councillor Briefing/Workshop day, with Councillors and Senior Staff also in attendance.

Wednesday 4 September 2019

·    Meeting with local business owner and new owner (national firm), as an introductory meeting with myself and General Manager also in attendance.

Thursday 5 September 2019

·    Invited to attend the Narrabri Rotary Club weekly dinner, as guest speaker, to inform Rotary Members of upcoming Council projects, completed projects and general information on Council’s strategic direction and service provision.

Friday 6 September 2019

·    Collected Deputy NSW Premier, the Hon John Barilaro MP, in Moree (early morning), and travelled with him to Narrabri to officially open the North West Country University Centre – Narrabri Campus at midday, and then hosted a working lunch and preliminary meeting with Mr Barilaro, and thereafter took him on a tour of Council projects outlined within the earlier meeting. General Manager accompanied the meeting and tour, and Councillors and Senior Staff were also in attendance during the day.

·    Hosted evening event at The Crossing Theatre for the ‘Prospectus Launch’ of the Logistics & Industrial Hub, now named N2IP (Northern NSW Inland Port), with Deputy NSW Premier, the Hon John Barilaro MP, launching the Prospectus and the new name as well.

Saturday 7 September 2019

·    Attended Narrabri Chamber of Commerce Business Awards evening as Council representative to present an award on behalf of Council, that was held at The Crossing Theatre. Councillors and Senior Staff were also in attendance.

Sunday 8 September 2019

·    Travelled with Deputy NSW Premier, the Hon John Barilaro MP, to Wee Waa to assist in grant funding announcements, including the Dangar Park Playground facilities upgrade, with Councillors and Senior Staff also in attendance.

Tuesday 10 September 2019

·    Met with David Kitto – Executive Director of NSW Department of Planning, regarding resource projects in the Shire. General Manager and Senior staff also in attendance for this meeting.

Thursday 12 September 2019

·    Invited to and attended ‘Sharing our Cultural Knowledge - Native Grasses’ that was organised by the Wee Waa Aboriginal Lands Council, at Tulladunna Lane, Wee Waa.

Saturday 14 September 2019

·    Attended the Narrabri Junior Rugby League 2019 season Grand Final Day – and to judge the ‘March Past’ by the Junior teams held at Collins Park at 9.00am.

Wednesday 18 September 2019

·    Attended IA Watson/Sydney University Plant Breeding Institute 2019 Field Day, to listen to guest speakers and attend luncheon with staff from the Narrabri facility.

Thursday 19/Friday 20 September 2019

·       Attended North East NSW Public Library Full Zone Meeting at South West Rocks, with Library Manager for two day conference, travelling home Friday evening.


Ordinary Council Meeting Agenda                      24 September 2019

7.2           Mayoral Minute - Request for Donation - The Long Ride

Responsible Officer:     Catherine Redding, Mayor

Author:                              Catherine Redding, Mayor

Attachments:                  1.        The Long Ride - Council Donation Request  

 

Recommendation

That Council support the request for donation from the Prostate Cancer Foundation of Australia, ‘The Long Ride’ in the amount of $500.00.

 

MAYORAL MINUte

In March 2019 I was originally contacted by the organising Committee members of ‘The Long Ride’ through the Narrabri Visitor Information Centre, to gather ‘itinerary ideas’ for travelling through Narrabri and Gunnedah on Saturday 11 May 2019, where many riders from Sydney, Newcastle and the Central Coast will meet up and stay in Narrabri overnight. Accordingly, I raised a Mayoral Minute for the April 2019 Ordinary Council Meeting, vide Minute No: 067/2019:

 

 

I would like to re-submit this request to Council in the hope that after the original resolution was to defer the donation until after the 1 July 2019, when the new financial year had commenced, to contribute these funds from the Community Grants Fund.

Again, I re-iterate that it is a great opportunity for Council to support and donate to such a worthwhile organisation, and it is hoped that the funds raised will go in part, to have local access to an expert support Prostate Cancer Specialist Nurse into regional areas, which is the cost equivalent of $140,000. After meeting with Gunnedah members of the organising Committee, I have agreed to the amount of a $500 donation on behalf of Council. The original request, as can be noted on the original letter that can be reviewed on the attachment to this report, was in the amount of $2,000. At this point in time, within the prolonged drought conditions, I thought that it was disproportionate to donate the original requested substantial amount of money. However, although it was a worthwhile cause that will eventually benefit the community members within the northern inland region of NSW, I agreed to the revised amount of $500, which was more achievable, particularly with the amount of funds currently available within the Community Grants Fund.

Financial Implications

As Council’s 2018/2019 allocation of the Community Grants Fund had been exhausted, I would now request that Council donate the proposed $500.00 requested by the ‘The Long Ride’ on behalf of the Prostate Cancer Foundation of Australia, now that the new allocation for the Community Grants Fund has been replenished, for the new financial year.

Statutory and Policy Implications

Nil.

Consultation

External Consultation

·    Mr Tim Brett & Mr Des O’Callaghan – ‘The Long Ride’ committee members.

Internal Consultation

Nil.

 


Ordinary Council Meeting Agenda                      24 September 2019

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Ordinary Council Meeting Agenda                      24 September 2019

8            Our Society

THEME 1: OUR SOCIETY

STRATEGIC DIRECTION 1: SAFE, INCLUSIVE AND CONNECTED COMMUNITY

By 2027, we will provide a safe, supportive community where everyone feels welcomes, valued and connected.

COMMUNITY ENGAGEMENT

Through extensive community engagement, the Narrabri Shire community identified several social priority areas to be actioned over the 2017 - 2018 financial year.

COMMUNITY SERVICES

Current services provided within the Narrabri Shire community include:

§  Community development

§  Community health and safety

§  Community arts, events and entertainment

§  Community care services and transport

§  Parks, open spaces and sporting facilities

§  Children, youth and aged care services

§  Disability access services

§  Library services

COMMUNITY OUTCOMES

In partnership with the community, government and non-government agencies, the Operational Plan will work towards achieving the following social strategic outcomes:

§  Increased community arts, events and entertainment

§  Reduction in anti-social behaviour and public offences

§  Improved community accessibility and inclusiveness

§  Improved sport and recreational services and facilities

§  Improved educational services and learning pathways

§  Improved community health and support services

 

 


Ordinary Council Meeting Agenda                      24 September 2019

8.1           Narrabri West Roundabout - NSW Government Response

Responsible Officer:     Darren Raeck, Director Infrastructure Delivery

Author:                              Luke McDermott, Roads Services Manager

Attachments:                  1.        West Roundabout Response from NSW Government Parlimentary Secretary for Regional Roads and Infrastructure  

 

Delivery Program Alignment

 

4. Leadership

Objective

4.1 We will proactively engage and partner with the community and government to achieve our strategic goals

Strategy

4.1.3 Develop and build strong, productive partnerships with State and Federal Governments

 

 

Executive Summary

On 1 December 2018, Mr Lex Gordon wrote to Council regarding concerns about the safety of the roundabout at the intersection of the Newell Highway and in particular the southbound lane of the roundabout near the Narrabri West Primary School.

The intersection is the responsibility of Transport for NSW (formally Roads and Maritime Services).

The concerns related to the geometry of the intersection, proximity to the Narrabri West Public School and the potential for a catastrophic event such as hazardous substance spill at the roundabout.

Mr Christopher Gulapitis MP, Parliamentary Secretary for Regional Roads and Infrastructure has responded advising that an investigation has been conducted by Transport NSW and that “heavy vehicle operators can safely and legally pass through, however, may need to lane share or drive over the trafficable part of the roundabout” as a result the risk is “not considered to be substantively greater than other urban locations across the State network” however they “will continue to monitor the performance of the roundabout to ensure it is operating safely and as efficiently as possible”.

 

Recommendation

1.    That Council note the response from the NSW Government, on the safety concerns of the roundabout at the intersection of the Newell Highway, adjacent to Narrabri West Primary School.

 

Background

On 1 December 2018, Mr Lex Gordon wrote to Council regarding concerns about the safety of the roundabout at the intersection of the Newell Highway, Mooloobar Street and Old Turrawan Road and in particular the Southbound land of the roundabout (intersection of the Newell Highway a).

The roundabout comes under the jurisdiction of Transport NSW and subsequently Council raised the matter with the Director Western Region – Roads and Maritime Services, Alistair Lunn.

Following advice from Mr Lunn that the roundabout was within acceptable tolarances of risk, Council resolved (minute 060/2019) at its 26 March 2019 Ordinary Council Meeting to write to the Minister for Regional Transport and Roads, Hon Paul Toole MP seeking a formal review of the roundabout. A formal review and response has now been completed.

Current Situation

Correspondence was received on 9 August 2019 from Mr Christopher Gulapitis MP, Parliamentary Secretary for Regional Roads and Infrastructure (Attached). Mr Gulapitis states, “this intersection is suitable and approved for restricted access vehicles up to 36.5-metre type 1 road trains. Heavy vehicle operators can safely and legally pass through”.

Regarding potential for incidents at the roundabout, Mr Gulapitis also notes “a heavy vehicle crash resulting in a chemical or hazardous spill is not considered to be substantively greater than other urban locations across the State network.”

Financial Implications

Nil.

Statutory and Policy Implications

Nil.

Consultation

External Consultation

·    Transport for NSW.

Internal Consultation

·    Infrastructure Delivery staff.

 


Ordinary Council Meeting Agenda                      24 September 2019

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Ordinary Council Meeting Agenda                      24 September 2019

8.2           Waterloo Creek State Heritage Register Nomination

Responsible Officer:     Daniel Boyce, Director Development and Economic Growth

Author:                              Jane Linehan, Community Development Officer

Attachments:                  1.        Letter from Wee Waa LALC requesting support of Council  

 

Delivery Program Alignment

 

1. Society

Objective

1.2 Our vibrant country lifestyle will be enhanced through embracing our recreational and cultural diversity

Strategy

1.2.4 Promote and support Reconciliation in partnership with the aboriginal community

 

 

Executive Summary

Waterloo Creek is part of a Travelling Stock Route R40660 (Figure 1) that is under the care, control and management of Local Land Services North West (“LLS North West”). It includes the water body ‘Jews Lagoon’ which forms the boundary between the Shires of Narrabri and Moree Plains.

Waterloo Creek holds particular significance to the Wirrayaraay group who belong to the Kamilaroi/Gamilaroi/Gamilaraay/Gomeroi peoples due to the tragic Aboriginal massacre that occurred at the site in January 1838.

The site sits within the Wee Waa Local Aboriginal Lands Council who are proposing, with the assistance of Council, to lodge an application to the NSW Heritage Council for listing of the Waterloo Creek Massacre Site on the State Heritage Register (Attachment 1).

 

Recommendation

That Council support the lodgement of the application to the NSW Heritage Council by Wee Waa Local Aboriginal Lands Council for listing of the Waterloo Creek Massacre Site on the State Heritage Register.

 

Background

The Site

Waterloo Creek is part of a Travelling Stock Route R40660 (Figure 1) that is under the care, control and management of LLS North West. It includes the water body ‘Jews Lagoon’ which forms the boundary between the Shires of Narrabri and Moree Plains. To the east and west of the site is private agricultural land and the southern boundary is Millie Road.  The site sits within the Wee Waa Local Aboriginal Lands Council, however, is of interest to both Narrabri and Moree Local Aboriginal Lands Councils.

Significance

Waterloo Creek holds historical and cultural significance to Australia, NSW, the local community and particularly to the Wirrayaraay group who belong to the Kamilaroi/ Gamilaroi/ Gamilaraay/ Gomeroi peoples due to the tragic Aboriginal massacre that occurred at the site in January 1838.  The Waterloo Creek massacre became the first of several settler conflicts that lead to the Myall Creek Massacre.

On 2nd June 2008 Myall Creek was gazetted on the State Heritage Register qualifying under the following criterion:

(a)  the place has outstanding heritage value to the nation because of the place’s importance in the course, or pattern, of Australia’s natural or cultural history. 

Given Waterloo Creek was the first of the sites of Aboriginal massacres in January 1838 and Myall Creek the last, Waterloo Creek has merit for consideration under the same criterion for the State Heritage Register. 

 

 

           Figure 1 Waterloo Creek Site

 

The Process

The application to the NSW Heritage Council for listing of the Waterloo Creek Massacre Site on the State Heritage Register will be made by Wee Waa Local Aboriginal Lands Council. Council’s role to date and in the future is one of facilitation and technical support (Attachment 1).

If the application is lodged, the Department of Premier and Cabinet will undertake an assessment of the nomination with further analysis of curtilage (boundary) and will make a recommendation. 

If the recommendation is favourable the statutory process set out in the Heritage Act 1977 is instigated after a Notice of Intention to List Report is presented to the Heritage Council by Department of Premier and Cabinet. 

Following this, major stakeholders (such as local government and adjoining landowners) are formally notified of the proposal, the proposed listing is advertised and interested parties are invited to make written submissions regarding the proposed listing.  After completion of the advertising period all submissions are included in a Recommendation to List Report.  The Report is considered by the Heritage Council. 

All stakeholders are notified of the Heritage Council recommendation.  The recommendation (for or against) is then referred to the Minister for consideration and final decision.  If the Minister decides to list the item on the State Heritage Register, it will be published in the NSW Government Gazette. 

Current Situation

The purpose of this report is to seek Council’s support to support and assist with the lodgement of the application to the NSW Heritage Council by Wee Waa Local Aboriginal Lands Council for listing of the Waterloo Creek Massacre Site on the State Heritage Register.

Financial Implications

If successful, Council would be eligible for heritage conservation grant funding to rehabilitate and develop the site.

Statutory and Policy Implications

·    Support for the proposed application aligns with Council’s Reconciliation Action Plan.

·    A statutory process as set out in the Heritage Act 1977 is instigated after a Notice of Intention to List Report is presented to the Heritage Council by Department of Premier and Cabinet. 

Consultation

External Consultation

·    Waterloo Creek Aboriginal advisory committee

·    Moree Plains Shire Council

·    Gwydir Shire Council

·    Notification to adjoining landowners

Internal Consultation

·    Sue Jackson Stepowski, Heritage Planner

·    Economic Development Manager

·    Narrabri Shire Council Planning Staff.

 


Ordinary Council Meeting Agenda                      24 September 2019

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Ordinary Council Meeting Agenda                      24 September 2019

8.3           Bellata Recreation Precinct Plan

Responsible Officer:     Darren Raeck, Director Infrastructure Delivery

Author:                              Evan Harris, Community Facilities Manager

Attachments:                  1.        Draft Bellata Recreation Precinct Plan (under separate cover)  

 

Delivery Program Alignment

 

1. Society

Objective

1.3 Our communities will be provided with facilities and services to increase social connectivity and accessibility

Strategy

1.3.3 All towns and villages have access to at least one quality meeting place to facilitate social gathering

 

 

Executive Summary

Council has drafted a precinct plan for the Town ship of Bellata this precinct plan has three different options to be considered with one to be adopted by Council this will be achieve after consultation with the residents of Bellata. All three options include the development of a primitive camp ground located on Council managed land The Bellata Oval (Lot 29 DP753908) and the Bellata Golf club (Lot 45 DP753908 and Lot 48 DP753908) the proposed site is adjacent to the Bellata primary school. Details for each option are found in the attached report Narrabri Shire Council Bellata Recreation Precinct Plan 2019. (Attachment 1).

 The three options are staged to allow detail planning and funding sources to be achieved over an extended time line as components of each option will require agreements including access to site, funding opportunities and ongoing maintenance.  The three options are defined by their locations and differing proposed developments.

Option one has been designed to confine the precinct to the Bellata Golf club and Bellata Primary School area with minor works on the Bellata tennis courts.

Option two primary focus is the development of the Bellata tennis courts precinct with the installation of a multi-sport court on the existing tennis court site.

Option Three includes major works to the existing Council managed Bellata playground which includes exercise stations and a challenge course.

The Bellata precinct plan draft does include information on the potential of locating a splash pad within the township of Bellata. This splash pad has not been included in the proposed three options due to after initial investigation by Council on cost, environmental issues and maintenance this proposed development would need to be assessed further for feasibility which in turn may delay any of the proposed developments and must be considered independently.

 

Recommendation

1.    That Council endorse the draft Bellata Recreation Precinct Plan 2019, comprising three (3) options, for public exhibition for a minimum of 28 days, during the exhibition period call for and accept submissions from the public on the draft Plan.

 

Background

Council was tasked with investigating a potential precinct plan for the township of Bellata. The attached draft Bellata Recreation Precinct Plan 2019 (“draft Plan”) was derived from the initial proposal of a primitive camp ground to be located between the Bellata Golf Club and the Bellata Primary School, after initial consultation, senior Council staff then proposed the development of a precinct plan for Bellata; this master plan was to address the following Bellata Caravan Park and Bellata Park rationalisation, and a proposed primitive camp ground. Council engaged the Ross Planning group draft a master plan.

Council reviewed the first version of the plan, which contained two (2) options, and requested the following amendments:

·    The renewal and upgrade of the existing playground node at Bellata Park; instead of the rationalisation of playground equipment.

·    The inclusion of a potential splash pad water park and estimated costings.

Current Situation

The draft Bellata Recreation Precinct Plan 2019, having been amended after consultation with the Councillors, is now proposed for consultation with the community, incorporating the third option of the renewal and upgrade of the existing Bella Park playground, instead of rationalisation of play equipment. 

Financial Implications

Indicative costs summary for each of the options are as follows (further details are available in the attached draft Plan).

Council and Community contributions can originate from one or multiple sources - capital works and reserves, and or community grants sourced by Council or community groups. 

Option

Council Contribution

Community Contribution

TOTAL

One

$324,000

$375,000

$699,000

Two

$260,000

$63,685

$323,685

Three

$211,500

$2,360

$213,860

 

Options One and Two have a number of upgrades included in their plans that are not on Council managed land. Council will need to consider if this infrastructure and ongoing maintenance can be funded into the future by the Asset owners.

Statutory and Policy Implications

Narrabri Local Environment Plan 2012

Primary production zone

Bellata oval and Bellata Golf Club is zoned Primary Production (RU1).

The objectives of the RU1 are to:

Encourage sustainable primary production by maintaining and enhancing the natural resource base encourage diversity in primary industry enterprises and systems appropriate for the area minimise the fragmentation and alienation of resource lands minimise conflict between land uses within this zone and land uses within adjoining zones allow for non-agricultural land uses that will not restrict the use of other land for agricultural purposes.

Local Government Act Section 68

The precinct plan includes provision for establishment of a primitive camping ground on the Bellata oval and part of the Bellata Golf Club, subject to application and Council approval. Under the Local Government Act 1993 Section 68, approval is required to engage in trade or business on community land managed by Council. Council is responsible for managing land in accordance with the core objectives detailed in the legislation. The core objectives for a park are to: encourage, promote and facilitate recreational, cultural, social and educational pastimes and activities. Provide for passive recreation activities or pastimes and for the casual playing of games. Improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for its management.

Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005

Primitive camping grounds (PCGs) are one type of camping ground that are modest and understated. Further to the NSW Local Government Act, the object of the regulation is to provide opportunities for affordable alternatives in short-term and long-term accommodation by: continuing the standards for the design of manufactured home estates, caravan parks and camping grounds. Continuing the standards for the design and construction of manufactured homes and other moveable dwellings and for their sites. Continuing the standard to promote the health, safety and amenity of the occupiers of manufactured homes and other moveable dwellings. Under the regulation an approval to operate a PCG can either: designate camp sites where tents, caravans and campervans may be located where the maximum number of camp sites is not to exceed an average of two per hectare (over the total area of the PCG)

Not designate camp sites where the above applies with the concession that two or more tents occupied by not more than 12 persons camping together as a group are to be counted as only one tent1.

Narrabri Shire Council Open Space Sport and Recreation Plan 2017 Priority Actions

Town Wide Action BE1

Liaise with Department of Education regional officers and the local principal to ‘activate’ (outside school hours) the opportunities available at the school for local residents

Bellata Park Action BE2

Rationalise the northern section of the Park

Bellata Caravan Park Action BE3

Rationalise the former caravan park site

Consultation

Should Council resolve to place the draft Plan on public exhibition it is proposed to hold a community meeting in Bellata to enable the Council gather feedback on the darft Plan. The meeting will occur during the first half of the exhibition period as to enable the community time to lodge submissions.

External Consultation

·    Ross Planning.

·    Bellata Golf Club.

·    Bellata Primary School. 

Internal Consultation

·    Councillors.

 


Ordinary Council Meeting Agenda                      24 September 2019

8.4           Notice of Motion - Wee Waa Doctor Housing

Attachments:             Nil

 

I, Councillor Maxine Booby, give notice that at the next Ordinary Meeting of Council be held on 24 September 2019, I intend to move the following motion:

 

Motion

1.    That the General Manager investigate the funding and purchase/construction of suitable duplex accommodation for doctors in Wee Waa, utilising the available proceeds from the sale of the former doctors’ residence as preliminary funding.

2.    That the 2019/2020 Operational Plan be amended accordingly.

 

Rationale

Previously there were two houses in Wee Waa for doctors’ residences. These have been sold and the proceeds were put aside for future housing for doctors in Wee Waa.

A duplex which could provide rental accommodation for doctors who practise in Wee Waa could be an incentive to attract doctors to Wee Waa.

 

I commend this Notice of Motion to Council.  


Ordinary Council Meeting Agenda                      24 September 2019

9            Our Environment

THEME 2: OUR ENVIRONMENT

STRATEGIC DIRECTION 2: ENVIRONMENTALLY SUSTAINABLE AND PRODUCTIVE SHIRE

By 2027, we will maintain a healthy balance between our natural and built environments.

COMMUNITY ENGAGEMENT

Through extensive community engagement, the Narrabri Shire community identified several environmental priority areas to be actioned over the 2017 - 2018 financial year.

COMMUNITY SERVICES

Current services provided within the Narrabri Shire community include:

§  Waste management and recycling

§  Environmental planning

§  Planning and development

§  Parks and open spaces

§  Noxious weeds control

§  Floodplain management

§  Water and sewer management

§  Stormwater management

COMMUNITY OUTCOMES

In partnership with the community, government and non-government agencies, the Operational Plan will work towards achieving the following environmental strategic outcomes:

§  Improved air, water and soil quality

§  Reduction in domestic and industry waste

§  Management of potential impacts from extractive industries

§  Improved emergency service provision and resources

§  Maintenance of heritage sites for future generation

 

 


Ordinary Council Meeting Agenda                      24 September 2019

9.1           Draft Wee Waa Levee Risk Management Study and Plan

Responsible Officer:     Daniel Boyce, Director Development and Economic Growth

Author:                              Cara Stoltenberg, Town Planner

Attachments:                  1.        Minutes Narrabri Floodplain Risk Management Commitee - 15 March 2019

2.        Minutes Narrabri Floodplain Risk Management Commitee - 30 July 2019

3.        Draft Wee Waa Levee Risk Management Study and Plan (under separate cover)

4.        Draft Wee Waa Levee Risk Management Study and Plan - Figures (under separate cover)

5.        GCA Engineering Solution Freeboard Analysis

6.        Lyall and Associates Response to GCA (under separate cover)

7.        GCA Engineering Solutions Interim Residential Development Policy  

 

Delivery Program Alignment

2. Environment

Objective

2.2 We will protect our environment through sustainable planning and well-resourced emergency services

Strategy

2.2.1 Community emergency service providers are well resourced to adequately prepare and respond to natural disasters and emergencies

 

 

Executive Summary

Council’s appointed consultants Lyall and Associates have recently completed a draft Floodplain Risk Management Plan and Study for the Wee Waa Levee. The draft Wee Waa Levee Risk Management Study and Plan (“the draft Study and Plan”) was discussed at two (2) separate meetings of the Narrabri Shire Floodplain Risk Management Committee (“the Flood Committee”) held on 15 March 2019 and 30 July 2019, and is now recommended, by the Flood Committee, for public exhibition.

Following agreement by resolution of Council, the draft Study and Plan will be placed on public exhibition. After which time, Council will receive a further report and consider any submissions.

 

Recommendation

1.    That Council adopt the Minutes of the Narrabri Shire Floodplain Risk Management Committee meeting held on 15 March 2019.

2.    That Council adopt the Minutes of the Narrabri Shire Floodplain Risk Management Committee meeting held on 30 July 2019.

3.    That Council endorse the draft Wee Waa Levee Risk Management Study and Plan for public exhibition for a minimum of 28 days, during the exhibition period call for and accept submissions from the public on the draft Plan.

 

Background

The NSW Government’s Flood Policy is directed at providing solutions to existing flooding problems in developed areas and ensuring that new developments are compatible with the flood hazard and do not create additional flooding problems in other areas. Under the Policy, the management of flood prone land remains the responsibility of local government. To facilitate this, the NSW Government has published the “Floodplain Development Manual: The Management of Flood Liable Land” April 2005 (“the Manual”), which includes best practice guidance on (amongst other things) the floodplain management process (Figure 1).

 

In relation to Wee Waa, Council completed the Data Collection and Flood Study stages in March 2015 and engaged Lyall and Associates to complete the Floodplain Risk Management Study and Plan stages in August 2016. Lyall and Associates have recently provided Council with the draft Wee Waa Levee Risk Management Study and Plan (“the draft Study and Plan”)

 

1.    Data Collection

Compiles and reviews all available information and data.

2.    Flood Study

Determines the nature and extent of the flood problem for the full range of flood events.

3.    Floodplain Risk Management Study

Evaluates management options for the floodplain with respect to both existing and future development.

4.    Floodplain Risk Management Plan

Involves formal adoption by Council of a plan of management for the floodplain.

5.    Implementation of the Plan

·    Involves construction of flood mitigation works, where viable, to protect existing development.

·    Uses planning controls to ensure that future development is compatible with flood hazards.

6.    Review of Plan

Review of plan to ensure it remains current and appropriate. A review is normally carried out after 10 years.

Figure 1. The Floodplain Management Process.

 

The draft Study and Plan was discussed at two (2) separate meetings of the Flood Committee held on 15 March 2019 and 30 July 2019, minutes of these meetings are attached to this report.

The draft Study and Plan found that the original height of the levee was based on the 1971 flood plus 1m and that the levee did not achieve a 1m freeboard in the 1% Annual Exceedance Probability (“AEP”) flood event.

The draft Study and Plan went on to recommend that any further residential development within the town of Wee Waa should not be supported until such time as the levee is upgraded to achieve a 1m freeboard in the 1% AEP flood event.

At both meetings the Flood Committee expressed caution at supporting the above recommendation in the draft Study and Plan as it could have the potential to stifle future residential development in Wee Waa whilst the levee is being upgraded.

At the March 2019 meeting, the Flood Committee did not endorse the draft Study and Plan due to concerns regarding the potential negative impacts of the recommended planning controls.

The Flood Committee requested Council seek an independent peer review of the draft Study and Plan to:

1.    Determine the most appropriate freeboard for the levee; and

2.    Investigate alternative interim policy positions in relation to future development within the Wee Waa Levee prior to it being upgraded.

On 4 April 2019 GCA Engineering Solution’s provided an alternative approach to the required freeboard proposed for the levee, attached to this report. Lyall and Associates responded on 18 June 2019 (attached) explaining the methodology they had used. Consultation was undertaken with the Department of Planning, Industry and Environment who endorsed Lyall and Associates methodology as it adhered to approved guidelines and current standards of practice in floodplain risk management.

On 29 July 2019 GCA Engineering Solutions developed an interim policy position to guide the assessment of development applications received by Council while the levee upgrade is investigated (Attachment 7).

At the July meeting the Flood Committee recommended:

1.    That Lyall and Associates’ freeboard option was the most appropriate given that it is based on the methodology used by the NSW Public Works and the NSW Department of Planning, Industry and Environment, and that it would allow for Council to continue to apply for funding through the NSW Government's floodplain management grants.

2.    To support the alternative policy for residential development proposed by GCA Engineering Solutions.

3.    That the draft Study and Plan be adopted for the purposes of public exhibition, with the exception of some of the ‘Measures’ (planning controls) recommended in the Draft Plan.

It is now proposed to publicly exhibit the draft Study and Plan. 

Current Situation

Following a resolution of Council the draft Study and Plan can be placed on public exhibition. After which time, Council will receive a further report and consider any submissions received.

Financial Implications

The current total project cost is $121,770 (ex GST). Council was successful in receiving a Floodplain Management Grant from the Department of Planning, Industry and Environment at a funding ratio of 6:1. The Department of Planning, Industry and Environment are contributing $104,374.28 (ex GST) to the project. Council’s financial contribution to this project is $17,395.72 (ex GST).

Statutory and Policy Implications

The Manual stipulates the requirements for the management of flood liable land across NSW. In accordance with the Manual, Council is currently undertaking the Floodplain Risk Management Plan and Study stage of the NSW Flood Planning Framework for the Wee Waa Levee.

The draft Study and Plan must be placed on public exhibition in accordance with the Environmental Planning and Assessment Regulation 2000.

Consultation

Following a resolution of Council, the draft Study and Plan will be publicly exhibited for a period of twenty-eight (28) days.

External Consultation

·    Lyall and Associates.

·    Narrabri Shire Floodplain Risk Management Committee.

·    NSW Department of Planning, Industry and Environment.

Internal Consultation

Nil.

  


Ordinary Council Meeting Agenda                      24 September 2019

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Ordinary Council Meeting Agenda                      24 September 2019

9.2           Amendment of Section 7.11 Contributions Plan

Responsible Officer:     Daniel Boyce, Director Development and Economic Growth

Author:                              Cara Stoltenberg, Town Planner

Attachments:                  1.        Section 7.11 Contributions Plan (under separate cover)  

 

Delivery Program Alignment

 

2. Environment

Objective

2.1 We will maintain our open spaces, natural environment and heritage for future generations

Strategy

2.1.3 Passive recreational open spaces are well maintained and accessible for public use

 

 

Executive Summary

Council adopted the current Narrabri Shire Council Section 94 Development Contributions Plan (“the Plan”) in February 2017 (Minute 23/2017).

There has since been a need for Council to make some “housekeeping” changes to the Plan to align it with changes to clause numbers and terminology in the Environmental Planning and Assessment Act 1979 (“EPA Act”) as well as changing the wording in the Schedules to the Plan to ensure that contributions can be levied for both new dwellings on current vacant lots and future subdivision of the existing lots.

Following resolution by Council (Minute 001/2019) the Amended Plan (Attachment 1), now known as the Contributions Plan, was publicly exhibited for a period of twenty-eight (28) days concluding 30 August 2019. During this time, no submissions were received.

Council may now adopt the Contributions Plan in the form in which it was publicly exhibited as its new Narrabri Shire Section 7.11 Contributions Plan 2016.

 

Recommendation

1.    That Council adopt the amended Narrabri Shire Section 7.11 Contributions Plan 2016.

 

Background

Council adopted the current Narrabri Shire Council Section 94 Development Contributions Plan (“the Plan”) in February 2017 (Minute 23/2017).

There has since been a need for Council to make some “housekeeping” changes to the Plan to align it with changes to clause numbers and terminology in the EPA Act as well as changing the wording in the Schedules to the Plan to ensure that contributions can be levied for both new dwellings on current vacant lots and future subdivision of the existing lots.

The intent of the Plan was to require contributions from the first development of lots fronting the specified unsealed road. The required contributions rates for such developments are contained within the Schedules to the Plan. The background section of each of the Schedules makes it clear that contributions were intended to be levied for both new dwellings on current vacant lots and future subdivision of the existing lots. The table within the Schedules, however, does not clearly articulate this intent. To avoid uncertainty, it is proposed to amend the table in each of the Schedules to the Plan (Attachments 3 and 4) to make it clear that contributions are applicable to both new dwellings and subdivision applications (Table 1).

Development on affected land that may be levied a contribution

·    Subdivision to create additional allotments with a dwelling right; and

·    all new dwellings on existing allotments where a contribution has not previously been levied in accordance with this schedule of the plan.

           Table 1 New Table in the Schedules to the Plan

Current Situation

Following resolution by Council (Minute 002/2019) the Amended Plan (Attachment 1), now known as the Contributions Plan, was publicly exhibited for a period of twenty-eight (28) days concluding 30 August 2019. During this time, no submissions were received.

Council may now adopt the Contributions Plan in the form in which it was publicly exhibited as its new Narrabri Shire Section 7.11 Contributions Plan 2016.

Financial Implications

Council can require the payment of a monetary contribution where it is satisfied that development is likely to require the provision of or increase the demand for public amenities and public services within the area.

Statutory and Policy Implications

The Amended Plan must was placed on public exhibition for a period of twenty-eight (28) days in accordance with the Environmental Planning and Assessment Regulation 2000.

Consultation

The amended Plan was publicly exhibited for a period of twenty-eight (28) days concluding 30 August 2019.

External Consultation

No submissions were received.

Internal Consultation

Nil.

 


Ordinary Council Meeting Agenda                      24 September 2019

9.3           Amendment of Section 7.12 Fixed Development Consent levies Contributions Plan

Responsible Officer:     Daniel Boyce, Director Development and Economic Growth

Author:                              Cara Stoltenberg, Town Planner

Attachments:                  1.        Narrabri Shire Section 7.12 Fixed Development Consent Levies Contributions Plan 2011 (under separate cover)  

 

Delivery Program Alignment

 

2. Environment

Objective

2.1 We will maintain our open spaces, natural environment and heritage for future generations

Strategy

2.1.3 Passive recreational open spaces are well maintained and accessible for public use

 

 

Executive Summary

Council adopted the current Narrabri Shire Council Section 94A Development Contributions Plan (“the Plan”) in 2011. The Plan included a Schedule of Works, which identified projects within the Shire that the development contributions could fund.

At its Ordinary Council meeting on 25th June 2019, Council resolved to adopt a new Schedule of Works to the Plan (Minute 118/2019).

Since that time external funding for some projects at Dangar Park, Wee Waa had been obtained from the Stronger Country Communities Fund (“SCCF”)

As such Council was then able to amend the Schedule of Works to reallocate the funds originally committed to those projects to the Narrabri Shared Cycle/Pedestrian Pathway Project.

The need to further amend the Schedule of Work presented an opportunity for Council to make the necessary “housekeeping” changes to the Plan to align it with changes to clause numbers and terminology in the Environmental Planning and Assessment Act 1979 (“EPA Act”).

Following resolution by Council (Minute 149/2019) the Amended Plan, now known as the Fixed Development Levies Contributions Plan, and Schedule of Works (Attachment 1) was placed on public exhibition for a period of twenty-eight (28) days concluding 30 August 2019. No submission were received during this time.

 

Recommendation

1.    That Council adopt the Narrabri Shire Fixed Development Consent Levies Contributions Plan.

 

Background

Council adopted the Plan in 2011 including a Schedule of Works, which identified projects within the Shire that the development contributions could fund.

At its Ordinary Council meeting on 25th June 2019, Council resolved to adopt a new Schedule of Works to the Plan (MINUTE 118/2019).

Since that time external funding for the following projects had been obtained from SCCF:

Project

Estimate ($)

Wee Waa - Dangar Park - construct shelters

45,000

Wee Waa - Dangar Park - install basketball half court & rebound wall

50,000

Wee Waa - Dangar Park - install new outdoor gym equipment

40,000

Wee Waa - Dangar Park - install pathway to link entry to facilities

15,000

Wee Waa - Dangar Park - install shade sail to playground

35,000

Wee Waa - Dangar Park - playground equipment

50,000

Total

235,000

As such Council is now able to amend the Schedule of Works to reallocate the funds originally committed to the above projects to the following projects:

Project

Estimate ($)

Narrabri Shared Cycle/Pedestrian Pathway Project

235,000

Total

235,000

The need to further amend the Schedule of Work presented an opportunity for Council to make the necessary “housekeeping” changes to the Plan to align it with changes to clause numbers and terminology in the EPA Act.

Current Situation

Following resolution by Council (Minute 149/2019) the Amended Plan, now known as the Fixed Development Levies Contributions Plan, and Schedule of Works (Attachment 1) was placed on public exhibition for a period of twenty-eight (28) days concluding 30 August 2019. No submissions were received during this time.

Financial Implications

Levies are collected on all developments within the Shire requiring development or Complying Development consent, prior to works commencing, with a value over $100,000 at the rate of:

 

Proposed cost of the development

Percentage of levy

$100,001 - $200,000

0.5%

Greater than $200,000

1.0%

 

Statutory and Policy Implications

The Amended Plan and Schedule of Works was placed on public exhibition for a period of twenty-eight (28) days in accordance with the Environmental Planning and Assessment Regulation 2000.

Consultation

Following resolution by Council (Minute 149/2019) the Amended Plan, now known as the Fixed Development Levies Contributions Plan, and Schedule of Works (Attachment 1) was placed on public exhibition for a period of twenty-eight (28) days concluding 30 August 2019.

External Consultation

No submissions were received during this time.

Internal Consultation

·    Director Infrastructure Delivery.

·    Community Facilities Manager.

 

  


Ordinary Council Meeting Agenda                      24 September 2019

10          Our Economy

THEME 3: OUR ECONOMY

STRATEGIC DIRECTION 3: PROGRESSIVE AND DIVERSE ECONOMY

By 2027, we will have developed a strong, diverse economy that attracts, retains and inspires business, industry and tourism growth.

COMMUNITY ENGAGEMENT

Through extensive community engagement, the Narrabri Shire community identified several economic priority areas to be actioned over the 2017 - 2018 financial year.

COMMUNITY SERVICES

Current services provided within the Narrabri Shire community include:

§  Economic development

§  Planning and development

§  Entertainment and conferences

§  Local and regional tourism and events

§  Saleyards

§  Airport

COMMUNITY OUTCOMES

In partnership with the community, government and non-government agencies, the Operational Plan will work towards achieving the following economic strategic outcomes:

§  Increased community events, conferences and entertainment

§  Increased employment through industry innovation, investment and value adding

§  Established freight hub for the Norther Inland Region

§  Increased housing availability and affordability

§  Broadened economic base

 

 


Ordinary Council Meeting Agenda                      24 September 2019

10.1         Development Application 77/2019 - Proposed two lot subdivision of 1 Guest Street, Narrabri

Responsible Officer:     Daniel Boyce, Director Development and Economic Growth

Author:                              Daniel Boyce, Director Development and Economic Growth

APPLICATION DETAILS

Applicant:                         Ross Gleeson of Gleeson Surveying

Owner:                              William James McInnes

Proposal:                          Two lot subdivision

Location:                           Lot 38 DP 1040539, 1 Guest Street, Narrabri

Attachments:                  1.        Development assessment report (under separate cover)

2.        Draft conditions of consent

3.        Proposed development plans  

 

Recommendation

1.    That Council determine the Development Application 77/2019 for the subdivision of Lot 38 DP 1040539 1 Guest Street, Narrabri into two (2) lots by granting consent to the application subject to conditions in Attachment 2.

 

EXECUTIVE Summary

Proposal

The proposed development is to subdivide Lot 38 DP 1040539 1 Guest Street, Narrabri into two (2) lots being proposed Lot 381 with an area of 896m² and proposed Lot 392 with an area of 897.2m².

Reason for consideration by Council

Two (2) submissions objecting to the proposed subdivision have been received in response to the notification of the development.

Permissibility

The subdivision is permissible pursuant to clause 2.6 and clause 4.1 of Narrabri Local Environmental Plan 2012 (“the LEP”). The minimum lot size (“MLS”) under the LEP is 550m², the proposed Lot 381 with an area of 896m² and proposed Lot 392 with an area of 897.2m² meet the minimum lot size.

Consultation

The DA was notified in accordance with the requirements from 10 April 2019 to 29 April 2019. Two (2) submissions were received.

Main issues

The main issues arising from the assessment are:

·    Flood Hazard and Impact

·    Submissions

Conclusion

The development has been assessed with regard to the relevant prescribed matters for consideration outlined in Section 4.15 of the Environmental Planning & Assessment Act 1979 (“EPA Act”) (Attachment 1).

The subdivision is permissible pursuant to clause 2.6 and clause 4.1 of the LEP. The minimum lot size under the LEP is 550m², the proposed Lot 381 with an area of 896m² and proposed Lot 392 with an area of 897.2m² meet the minimum lot size.

The development is permissible with consent and will ultimately serve the objectives of the R1 zone. Weight must be given to the R1 zoning in the “resolution of a dispute as to the appropriate development” of the land.

The development is a suitable use of the land having regard to the flood conditions.

The development complies with the relevant planning instruments.

With the imposition of the recommended conditions the development will not have any unacceptable impacts on the surrounding area, environment and adjoining development.

It is recommended that Development Application 77/2019 be approved subject to the conditions provided in Attachment 2.

Background

Existing Sites Features and Surrounding Development

Lot 38 DP 1040539 1 Guest Street, Narrabri (“the Land”) is zoned R1 General Residential pursuant to LEP. The Land is surrounded by residential development to the north, east and west and large lot residential development to the south and is flood affected.

Description of Proposal

The proposed development is to subdivide Lot 38 DP 1040539 1 Guest Street, Narrabri into two (2) lots being proposed Lot 381 with an area of 896m² and proposed Lot 392 with an area of 897.2m².

Social Impacts

Council must take into consideration in so far as is relevant to the proposed development the likely impacts of that development, including (amongst other things) the social impacts in the locality (Farrier & Stein, 2016).  

The NSW Planning & Environment’s Social impact assessment guideline: for state Significant Mining, Petroleum Production and Extractive Industry Development (NSW Government Planning & Environment, 2017) has been used as a guide to consider potential social impacts from the proposed development. It identifies that social impacts can involve changes to the matters outlined in the following table. Table 1 provides consideration of these matters in relation to the proposed development.

Table 1        Social Impact Consideration

Matter

Consideration

Way of Life

·    The development is not expected to impact upon how people live (e.g. how they get around or access to adequate housing).

·    The development is not expected to impact upon how people play.

·    The development is not expected to impact how people interact with one another on a daily basis.

Community

The development is not likely to impact on the composition, cohesion, or character of the community, or how it functions or sense of place.

Access to and use of infrastructure, services and facilities

The development is not likely impact upon the access to and use of infrastructure, services and facilities provided by local, state, or federal governments, or by for‐profit or not‐for‐profit organisations or volunteer groups.

Culture

The development is not expected to adversely impact upon culture including shared beliefs, customs, values and stories, and connections to land, places, and buildings (including Aboriginal culture and connection to country).

Health and Wellbeing

The development is not expected to adversely impact on health and wellbeing, including both physical and mental health.

Surroundings

The development is not expected to adversely impact on the surroundings including access to and use of ecosystem services, public safety and security, access to and use of the natural and built environment, and its aesthetic value and/or amenity.

Personal and property rights

The development is not expected to have an unreasonable impact on personal or property rights.

Decision making systems

The development is not expected to impact on decision making systems.

Fears and aspirations

A number of concerns have been raised regarding the compatibility of the subdivision with the adjoining R5 zone which are addressed in Table 6. The subdivision and resultant residential development is unlikely to significantly affect adjoining properties. In any case the subsequent residential development will require assessment under the EPA Act at which time further consideration of any impacts can be given.

Economic impacts

Council must take into consideration the economic impacts of the development in the locality (Farrier & Stein, 2016).  

No adverse economic impacts expected in the locality.

Public Interest

Council must take into consideration in so far as is relevant “the public interest”. When determining the public interest, a Council is not confined to statutory planning instruments. Community response to a proposed development can be regarded as an aspect of public interest.

Two (2) submissions objecting to the proposed subdivision have been received in response to the notification of the development. The submissions raise a number of planning matters that are addressed in this report.

The public interest is served through achieving the relevant objects of the EPA Act (Section 1.3). Table 2 assesses the proposed development against the objects of the EPA Act.

Table 2        Assessment against the Objects of the EPA Act

Object

Comment

(a)  to promote the social and economic welfare of the community and a better environment by the proper management, development and conservation of the State’s natural and other resources,

N/A.

(b)  to facilitate ecologically sustainable development by integrating relevant economic, environmental and social considerations in decision-making about environmental planning and assessment,

 

The economic, environmental and social impacts have been assessed and are considered to be acceptable.

(c)  to promote the orderly and economic use and development of land,

The land is vacant and zoned for the purpose for which the development is proposed and meets the minimum lots size prescribed by the LEP.

(d)  to promote the delivery and maintenance of affordable housing,

The subdivision will provide an additional lot which can be developed for housing.

(e)  to protect the environment, including the conservation of threatened and other species of native animals and plants, ecological communities and their habitats,

The development will not significantly affect threatened species or ecological communities, or their habitats.

(f)   to promote the sustainable management of built and cultural heritage (including Aboriginal cultural heritage),

The site is not mapped as containing any items of European Heritage.

An AHIMS search carried out did not identify any items or Aboriginal sites have been recorded in or near the site. However a condition has been imposed requiring works to cease and OEH to be contacted should any items suspected of being Aboriginal in origin discovered during works.

(g)  to promote good design and amenity of the built environment,

No building work is proposed as part of this development, however, any future development on the lots will be required to comply with the applicable planning controls.

(h)  to promote the proper construction and maintenance of buildings, including the protection of the health and safety of their occupants,

No building work is proposed as part of this development, however, any future development on the lots will be required to comply with the applicable planning and building controls.

(i)   to promote the sharing of the responsibility for environmental planning and assessment between the different levels of government in the State,

This “local development” has undergone a merit based assessment by Council Staff and will be determined by the elected Council.

(j)   to provide increased opportunity for community participation in environmental planning and assessment.

This “local development” has been notified to adjoining properties. It will be determined by the elected Council at a public meeting where the public will have a further opportunity to make submissions to Council.

Statutory Assessment

The subdivision is permissible pursuant to clause 2.6 and clause 4.1 of the LEP. The MLS under the LEP is 550m², the proposed Lot 381 with an area of 896m² and proposed Lot 392 with an area of 897.2m² meet the minimum lot size.

The Land is zoned R1 General Residential pursuant to the LEP.

The objectives of the R1 zone are:

·    To provide for the housing needs of the community.

·    To provide for a variety of housing types and densities.

·    To enable other land uses that provide facilities or services to meet the day to day needs of residents

The development is considered to be consistent with the zone objectives.

Section 4.15 Assessment

The development has been assessed with regard to the relevant prescribed matters for consideration outlined in Section 4.15 of the EPA Act (Attachment 1).

Main Issues

The main issues arising from the assessment are:-

·    Flood Hazard and Impact

·    Submissions

Flood Hazard and Impact

According to the Australian Disaster Resilience Handbook 7 Managing the Floodplain: A Guide to Best Practice in Flood Risk Management in Australia (AIDR Handbook 2017):

Maintaining the flood function of the floodplain is a key objective of best practice in flood risk management in Australia, because it is essential to managing flood behaviour.  The flood function of areas of the floodplain will vary with the magnitude in an event. In general flood function is examined in the defined flood event, so it can be maintained in this event (p. 30).

Figure 1 identifies the flood function of the Land in the 1% AEP flood (the defined flood event for planning purposes).

Figure 1       Flood function in the 1% AEP flood (Blue – Flood Storage, Orange – Floodway)

According to the AIDR Handbook 2017:

Flood storage areas are the parts of the floodplain that are important for temporary storage of floodwaters during a flood passage. The loss of flood storage can increase the severity of flood impacts by reducing natural flood attenuation (p. 86).

Australian Disaster Resilience Guideline 7-5 Flood Information to Support Land-use Planning (AIDR Guideline 2017):

Filling of flood storage areas reduces their ability to attenuate downstream flood flows and, as a result, flood flows and flood levels may increase.

No filling of the Land is proposed as part of this development. Filling associated with the erection of dwellings on the can be assessed as part of the subsequent development application.

In addition to assessing the impact of the development on flood function the proposed land use must be compatible with the flood hazard. According to the AIDR Guideline 2017:

Flood hazard classification provides a description of how hazardous the physical conditions produced by a flood can be, independent of the population at risk. It is typically based on benchmarking the depth and velocity of the floodwaters against thresholds to determine how hazardous this combination may be to people, cars, infrastructure and buildings, if they were exposed to the flooding.

It recommends grouping the floodplain into the following categories:

·   H1—generally safe for people, vehicles and buildings

·   H2—unsafe for small vehicles

·   H3—unsafe for vehicles, children and older people

·   H4—unsafe for all people and vehicles

·   H5—unsafe for vehicles and people, and all buildings are vulnerable to structural damage

·   H6—unsafe for vehicles and people, and all building types are vulnerable to structural failure.

The likely 1% AEP flood depths and velocities at the building site are 0.97 m and 0.40 m/sec respectively. The expected depth and velocity combination lies inside the H3 category, determined to be unsafe for vehicles, children and the elderly (Figure 2). The expected depth and velocity combination present a moderate hazard for adults (Figure 3). The expected depth and velocity combination present a low hazard to structures (Figure 4).

Figure 2       General Flood Hazards (Australian Disaster Resilience Guideline 7-3

Flood Hazard).

Figure 3       Thresholds for people stability in floods (Australian Disaster Resilience Guideline 7-3 Flood Hazard).

Figure 4       Thresholds for building stability in floods (Australian Disaster Resilience Guideline 7-3 Flood Hazard).

The proposed development is in accordance with Clause 6.2 of the LEP (Table 3).

Table 3        Assessment against Clause 6.2 of the Narrabri Local Environmental Plan 2012

(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

Staff Comment

(a)  is compatible with the flood hazard of the land, and

The likely 1% AEP flood depths and velocities at the building site are 0.97 m and 0.40 m/sec respectively. The expected depth and velocity combination lies inside the H3 category, determined to be unsafe for vehicles, children and the elderly (Figure 2). The expected depth and velocity combination present a moderate hazard for adults (Figure 3) and a low hazard to structures (Figure 4).

(b)  is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

The subdivision in and of itself will not impact flood behaviour. Physical works associated with the erection of a dwelling will be assessed as part of a future application, however, given the expected depth and velocities it is unlikely that there would be a significant impact on flood behaviour.

(c)   incorporates appropriate measures to manage risk to life from flood, and

The risk to life will be managed by applying a minimum floor level of 500 mm above the 1% AEP flood.

The Namoi River is a large river system with a long response time and accordingly, there are ample opportunities to evacuate the site prior to the arrival of the flood peak.

(d)  is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

The proposed development is set back from the river bank, outside waterfront land with low associated environmental impact.

(e)  is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding

The proposal represents an appropriate use that is compatible with the site’s flood behaviour and is therefore consistent with the principle outlined in the floodplain development manual that encourages appropriate use (as opposed to sterilisation) of flood prone land.

Subject to the recommended conditions of consent the flood hazard and impact on flood behaviour can be satisfactorily managed and the social and economic costs can be mitigated.

Submissions

The DA was notified in accordance with from 10 April 2019 to 29 April 2019 (Figure 5). Two (2) submissions were received.

The submissions have been summarised in Table 6, with responses provided by the applicant and reviewed by Council Staff for each key issue. The submissions have been taken into consideration in the assessment by Council Staff.

 

 

Figure 5       Notification plan

Land and Environment Court Planning Principles

Non-statutory regional planning policies

In Direct Factory Outlets Homebush v Strathfield Municipal Council [2006] NSWLEC 318, Senior Commissioner Roseth of the Land and Environment Court stated (at [25-26]):

The role of regional planning policies is to guide the development of a region, such as the Sydney metropolitan area. One of their functions is to inform and influence statutory plans for the local areas of a region. Regional planning policies provide a sense of purpose and direction to local plans; they are, as it were, the glue that binds local plans together. The fact that they are non-statutory is not an indication of their subservience to statutory plans. Planning policies usually do not lend themselves to statutory expression because they do not relate to specific parcels of land and do not contain numerical development standards. This fact, however, does not mean that they have no relevance to individual development applications, particularly those that have impacts extending beyond the local area (at [25]).

Where the provisions of an environmental planning instrument are clear, unequivocal and do not require value judgment (for example numerical development standards or zonings where the character of a use is not in dispute), they take precedence over non-statutory regional planning policies. However, where those provisions can be applied only on the basis of value judgments (for example, where the character of a use is in dispute, a development standard is to be varied, or where imprecise terms like “appropriate”, significant”, “detrimentally affect” or “ecological sustainability” need to be given meaning in the context of a development application, non-statutory regional planning policies provide the background against which those value judgments should be made (at [26]).

Due to the fact that the two submissions object to the subdivision in part on the basis of its alleged conflict with the character of the area Council in some respects is being asked to make a value judgment. In this regard consideration of the issues against non-statutory regional planning policies provides the background against which those value judgments should be made.

New England North West Regional Plan 2036

The New England North West Regional Plan 2036 (“Regional Plan”) will guide the NSW Government’s land use planning priorities and decisions to 2036. Priorities for each council are set out in Local Government Narratives, which will guide further investigations and implementation (NSW Government Planning & Environment, 2019).

A priority for Narrabri identified in the Regional Plan is to:

Provide housing diversity targets to support a variety of dwelling types and a choice in location, form and affordability. Deliver a variety of housing options in Narrabri and promote development that contributes to the unique character of Wee Waa, Pilliga, Bellata, Gwabegar, Baan Baa and Boggabri.

Community Strategic Plan Narrabri Shire 2027

The Community Strategic Plan Narrabri Shire 2027 (“Strategic Plan”) presents the community endorsed vision and strategic plan for Narrabri Shire and has been informed through extensive community engagement (Narrabri Shire Council, 2017).

A desired community outcomes in the Strategic Plan is:

Adequate housing options will be available to meet demands across the Shire.

Notwithstanding the subdivisions compliance with the numerical development standards and the extent to which this takes precedence over non-statutory regional planning policies. The Regional Plan and the Strategic Plan provide the background against which Council can form a value judgment on the veracity of the objections to the subdivision. It is clear that the subdivision is consistent with the Regional Plan and Strategic Plan in terms of delivering housing options for the community and on that basis Council can be satisfied that the development is in the public interest.

Zones (Development at zone interface)

In Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Commissioner Bly stated (at [25]):

As a matter of principle, at a zone interface as exists here, any development proposal in one zone needs to recognise and take into account the form of existing development and/or development likely to occur in an adjoining different zone. In this case residents living in the 2(b) zone must accept that a higher density and larger scale residential development can happen in the adjoining 2(c) or 2(d) zones and whilst impacts must be within reason they can nevertheless occur. Such impacts may well be greater than might be the case if adjacent development were in and complied with the requirements of the same zone. Conversely any development of this site must take into account its relationship to the 2(b) zoned lands to the east, south-east, south and south-west and the likely future character of those lands must be taken into account. Also in considering the likely future character of development on the other side of the interface it may be that the development of sites such as this may not be able to achieve the full potential otherwise indicated by applicable development standards and the like (at [25]).

The Land is located at the interface of two zones (R1 General Residential zone and R5 Large Lot Residential zone) (Figure 6) and two MLS areas (550m² and 5,000m² respectively) (Figure 7).

Figure 6       Zone map

Figure 7       MLS map

The objectives of the R1 zone are:

·    To provide for the housing needs of the community.

·    To provide for a variety of housing types and densities.

·    To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The objectives of the R5 zone are:

·    To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

·    To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

·    To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

·    To minimise conflict between land uses within this zone and land uses within adjoining zones.

The primary difference between the R1 and R5 residential zones is the type and density of development which is permissible under the LEP.

The MLS represents the density of development desired in a particular area. For example areas with larger minimum lot sizes will result in lower density development.

The zoning represents the type of development desired in a particular area. For example Multi dwelling housing is permissible in the R1 zone but not in the R5 zone.

This interface between two zones and two MLS areas will result in some tension between the desired low density character of the R5 zone and the higher density character of the R1 zone. The subdivision itself is considered to be compatible with the form of existing development and development likely to occur in the adjoining R5 zone insofar as it significantly exceeds the MLS and provides adequate building envelopes. The subsequent residential development of these lots will require assessment under the EP&A Act at which time further consideration can be given to its compatibility with existing development in the adjoining R5 zone.

Zones (Weight to be given to the zoning)

When a planning instrument provides that development for a particular purpose is permissible provided that development consent is first obtained, there is a presumption that some version of that development will be approved (albeit subject, perhaps, to stringent conditions) (Farrier & Stein, 2016).  

In BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399, the Chief Judge of the Land and Environment Court stated:

In the ordinary course, where by its zoning land has been identified as generally suitable for a particular purpose, weight must be given to that zoning in the resolution of a dispute as to the appropriate development of any site. Although the fact that a particular use may be permissible is a neutral factor (see Mobil Oil Australia Ltd v Baulkham Hills Shire Council (No 2) [1971] 28 LGRA 374 at 379), planning decisions must generally reflect an assumption that, in some form, development which is consistent with the zoning will be permitted (at [117]).

The subdivision is permissible pursuant to clause 2.6 and clause 4.1 of the LEP. The minimum lot size under the LEP is 550m², the proposed Lot 381 with an area of 896m² and proposed Lot 392 with an area of 897.2m² meet the minimum lot size. Weight must be given to permissibility of the subdivision in the “resolution of a dispute as to the appropriate development” of the land.

General impact

In Davies v Penrith City Council [2013] NSWLEC 1141, Senior Commissioner Moore of the Land and Environment Court stated (at [121]):

I have, therefore, undertaken the internal consultation process for consideration of the establishment of a new planning principle or the revision of an existing planning principle. As a result of that consultation, it is appropriate to refine the published planning principle to delete the words "necessary and/or" so that the revised planning principle will, in future, read:

Revised planning principle: criteria for assessing impact on neighbouring properties

The following questions are relevant to the assessment of impacts on neighbouring properties:

·    How does the impact change the amenity of the affected property? How much sunlight, view or privacy is lost as well as how much is retained? 

·    How reasonable is the proposal causing the impact? 

·    How vulnerable to the impact is the property receiving the impact? Would it require the loss of reasonable development potential to avoid the impact? 

·    Does the impact arise out of poor design? Could the same amount of floor space and amenity be achieved for the proponent while reducing the impact on neighbours? 

·    Does the proposal comply with the planning controls? If not, how much of the impact is due to the non-complying elements of the proposal? (at [121]).

Table 4        Assessment against the “General impact” Planning Principle

Planning principle

Staff Comment

How does the impact change the amenity of the affected property? How much sunlight, view or privacy is lost as well as how much is retained? 

The subdivision and resultant residential development is unlikely to significantly affect adjoining properties. In any case the subsequent residential development will require assessment under the EP&A Act at which time further consideration of any impacts can be given.

How reasonable is the proposal causing the impact? 

The subdivision is a permissible form of development with acceptable impacts from a flood perspective. It is therefore considered reasonable.

How vulnerable to the impact is the property receiving the impact? Would it require the loss of reasonable development potential to avoid the impact? 

The more sensitive region to the proposed development is the R5 zoned land to the south of the proposed subdivision.

The subdivision itself will not have a significant impact on the R5 zoned land to the south insofar as it significantly exceeds the MLS and provides adequate building envelopes. The subsequent residential development will require assessment under the EP&A Act at which time further consideration of any impacts can be given.

Does the impact arise out of poor design? Could the same amount of floor space and amenity be achieved for the proponent while reducing the impact on neighbours? 

The subdivision itself will not have a significant impact on the R5 zoned land to the south insofar as it significantly exceeds the MLS and provides adequate building envelopes. The subsequent residential development will require assessment under the EP&A Act at which time further consideration of any impacts can be given.

Does the proposal comply with the planning controls? If not, how much of the impact is due to the non-complying elements of the proposal?

The subdivision complies with the relevant planning controls and is in fact considerably above the minimum lot size of 550m².

Surrounding development

In Project Venture Developments v Pittwater Council [2005] NSWLEC 191, Senior Commissioner Roseth of the Land and Environment Court stated (at [22 and 24]):

There are many dictionary definitions of compatible. The most apposite meaning in an urban design context is capable of existing together in harmony. Compatibility is thus different from sameness. It is generally accepted that buildings can exist together in harmony without having the same density, scale or appearance, though as the difference in these attributes increases, harmony is harder to achieve  (at [22]).

Where compatibility between a building and its surroundings is desirable, its two major aspects are physical impact and visual impact. In order to test whether a proposal is compatible with its context, two questions should be asked.

·    Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.

·    Is the proposal’s appearance in harmony with the buildings around it and the character of the street? (at [24]).

Table 5        Assessment against the “Surrounding development” Planning Principle

Planning principle

Staff Comment

Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.

The subdivision does not constrain the development potential of surrounding sites.

Is the proposal’s appearance in harmony with the buildings around it and the character of the street?

The subdivision itself does not have an “appearance” as such. The subsequent residential development will require assessment under the EP&A Act at which time further consideration of any impacts, including the “appearance” can be given.

Subdivision

In Project Parrott v Kiama Council [2004] NSWLEC 77, Senior Commissioner Roseth of the Land and Environment Court stated (at [17]):

When should a subdivision application include information on the buildings to be built on the resulting allotment(s)? It is normal practice in Australia to subdivide land without constraints on the buildings that can later be built. While this practice is appropriate in most cases, it is not always so. I have adopted the planning principle that a subdivision application should provide constraints on future buildings when the proposed allotments are smaller than usual, or environmentally sensitive or where significant impacts on neighbours is likely and needs careful design to minimise them (at [17]).

Table 6        Assessment against the “Subdivision” Planning Principle

Planning principle

Staff Comment

The proposed allotments smaller than usual.

The minimum lot size under the LEP is for the R1 zone is 550m², the proposed Lot 381 with an area of 896m² and proposed Lot 392 with an area of 897.2m² meet the minimum lot size. Therefore it is not “smaller than usual”.

The proposed allotments environmentally sensitive.

The proposed allotments are flood constrained but no more so than much of Narrabri town and are not otherwise environmentally sensitive.

Where significant impacts on neighbours is likely and needs careful design to minimise them.

Significant impacts on neighbour are not likely. Adequate building envelope exists to meet local planning controls.

Public Participation

The two (2) submissions objecting to the proposed development raised the following issues. The applicant has provided a response to the issue which Council has reviewed (Table 6).

Table 6        Review of submissions

Issue

Response

Dividing of this block is not in keeping with the amenity of the estate which "Riverbend" was designed; being that land lots at Riverbend were larger to allow for distance and room between neighbours and keeping a country feel with ease of living.

 

Council’s planning framework consisting of the LEP and Development Control Plans (DCP) establishes the controls which development within an area must adhere to. These controls guide the development density of an area. There are lots to the south of the site that are larger (i.e. 5,000m²), however the site and the land to the north have a minimum lot size of 550m². The proposed development is consistent with the planning controls for the site.

The subdivision is permissible pursuant to clause 2.6 and clause 4.1 of the LEP. The minimum lot size under the LEP is 550m², the proposed Lot 381 with an area of 896m² and proposed Lot 392 with an area of 897.2m² meet the minimum lot size. Weight must be given to permissibility of the subdivision in the “resolution of a dispute as to the appropriate development” of the land.

Almost all lots in this area are already built on under the understanding that lots would not be reduced and houses not be built close to other neighbours.

The proposed development is consistent with the planning controls for the site which permits lots of 500m² or greater in size. The proposed lots are larger (approximately 346m² or 62%) than the minimum required.

Houses in the estate on both street frontages for this area (Riverside Drive & Guest Street), are already set back from the roadside to a standard and consistent setback. Dividing this lot will mean that there will not be the required allowable room for dwellings to build; without being right on the boundary; if the dwellings are set back to the same required distance as other dwellings in the street to keep the attractiveness of the street appeal. This then means that these blocks will have dwellings built closer to the road, detracting from the designed look and amenity of the estate. should council resolve to approve the application for the subdivision of the land into two lots, as a means of ensuring a consistent streetscape and maintaining the existing building line in Riverside Drive (north side) and Guest Street (western side); I request that council consider imposing a condition on the developer in the form of a Section S8B/covenant requiring that building envelopes be imposed on each allotment to ensure the consistency of the building line, and hence the streetscape and amenity is maintained.

Any future development on the lots will be required to comply with the applicable planning controls, including setbacks. It is considered that sufficient area will exist on each proposed lot to accommodate a future dwelling that will comply with the planning controls, including setback requirements. The smaller lots will actually assist in achieving the objectives of the zone, by providing for a variety of housing types and densities.

In Project Parrott v Kiama Council [2004] NSWLEC 77, Senior Commissioner Roseth of the Land and Environment Court stated (at [17]):

When should a subdivision application include information on the buildings to be built on the resulting allotment(s)? It is normal practice in Australia to subdivide land without constraints on the buildings that can later be built. While this practice is appropriate in most cases, it is not always so. I have adopted the planning principle that a subdivision application should provide constraints on future buildings when the proposed allotments are smaller than usual, or environmentally sensitive or where significant impacts on neighbours is likely and needs careful design to minimise them (at [17]).

The proposed lots are not “smaller than usual, or environmentally sensitive”.

Significant impacts on neighbour are not likely and design that complies with the planning controls as opposed to “careful design” will ensure impacts are within acceptable limits.

The sewage system design for this estate is not designed for the division of lots and was only has an allowable tolerance for oversupply. This oversupply may have already been used due to the division of other blocks, in the later stages of the south of the estate, outbound of this development application. Have been made aware by the developer, that there were limited lots that were allowable to have multiple dwellings on them and this is not one of those lots.

Council’s Engineers have advised that the sewerage system is not at capacity and can accommodate the additional volume. In fact it will actually provide a benefit by assisting with the pressure in the line and moving the waste before it turns septic.

This development will directly affect the safety of all other landowners in the estate, on the grounds that the extra footprint of the extra dwelling for the second lot, will change the effectiveness of the current flood study and place further potential risk of flooding on existing landowners.

The subdivision in and of itself will not impact flood behaviour. Physical works associated with the erection of a dwelling will be assessed as part of a future application, however, given the expected depth and velocities it is unlikely that there would be a significant impact on flood behaviour.

As there will be limited room for a dwelling to be built on lot 382, my driveway will be impacted by any potential driveway on the riverside drive frontage of this block.

Any future driveway will require approval from Council (as the roads authority) to ensure its location is appropriate.

Referrals

Infrastructure Delivery (Internal)

The development was referred to Council’s Infrastructure Delivery Department (“Infrastructure”). Infrastructure comments are summarised in section 1.9 Internal Referrals of the Development Assessment Report (Attachment 1).

Development Contributions Applicable

Fixed development consent levy will apply to future dwellings and headworks charges will apply to subdivision.

Conclusion

Development Application 77/2019 has been assessed in accordance with Section 4.15 of the EPA Act and should be determined by way of approval subject to conditions (Attachment 2) for the following reasons:

Reasons for the decision

1.    The development is permissible with consent.

2.    The development is a suitable use of the land.

3.    The development complies with the relevant planning instruments.

4.    The development will provide additional housing options for the community.

5.    With the imposition of the recommended conditions the development will not have any unacceptable impacts on the surrounding area, environment and adjoining development.

6.    The development is in the public interest because:

a)   It is consistent with the relevant objects of the EPA Act.

b)   It is consistent with the New England North West Regional Plan 2036.

c)    It is consistent with Community Strategic Plan Narrabri Shire 2027.

References

Farrier, D., & Stein, P. (2016). The environmental law handbook (6th ed.). Rozelle, N.S.W.: Thomson Reuters (Professional) Australia Limited.

Narrabri Shire Council. (2017). Community Strategic Plan Narrabri Shire 2027.

NSW Government Planning & Environment. (2019). New England North West Regional Plan 2036.

 

 


Ordinary Council Meeting Agenda                      24 September 2019

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Ordinary Council Meeting Agenda                      24 September 2019

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Ordinary Council Meeting Agenda                      24 September 2019

11          Our Civic Leadership

THEME 4: OUR CIVIC LEADERSHIP

STRATEGIC DIRECTION 4: COLLABORATIVE AND PROACTIVE LEADERSHIP

By 2027, we will proactively together to achieve our shared vision with strong strategic direction.

COMMUNITY ENGAGEMENT

Through extensive community engagement, the Narrabri Shire community identified several civic leadership priority areas to be actioned over the 2017 - 2018 financial year.

COMMUNITY SERVICES

Current services provided within the Narrabri Shire community include:

§  Integrated strategic planning and reporting

§  Community engagement and consultation

§  Representation and governance

§  Human resource management

§  Customer services

§  Information services

§  Financial services

§  Risk management

§  Compliance and regulation

COMMUNITY OUTCOMES

In partnership with the community, government and non-government agencies, the Operational Plan will work towards achieving the following civic leadership strategic outcomes:

§  Improved community engagement and decision-making processes

§  Well established community, industry, government and non-government partnerships

§  Well maintained core infrastructure and service provision that delivers public value

§  Transparent and accountable planning and reporting

§  Financial efficiency and sustainability

 

 


Ordinary Council Meeting Agenda                      24 September 2019

11.1         Request for Leave of Absence - Councillor McMahon

Responsible Officer:     Stewart Todd, General Manager

Author:                              Delece Hartnett, Personal Assistant to GM & Mayor

Attachments:                  Nil

 

Delivery Program Alignment

 

4. Leadership

Objective

4.4 Our strategic goals will be achieved through transparent and accountable planning and reporting

Strategy

4.4.2 Ensure effective and sound local governance practice

 

 

Executive Summary

Council has received a request for leave of absence from Councillor McMahon for the period 17 October 2019 to 31 October 2019 inclusive.  During this period, one (1) Ordinary Meeting of Council is scheduled.

 

Recommendation

That Council grant leave of absence for Councillor McMahon for the period 17 October 2019 to 31 October 2019 inclusive, the period includes one (1) Ordinary Meeting of Council.

 

Background

A Leave of Absence is formal permission granted by way of Council resolution to a councillor excusing that councillor’s attendance at a particular meeting or official duties.

Leave of Absence is sought by way of application to the Council. A Leave of Absence is recognised in both the Local Government Act 1993 (“the Act”) and the Council’s Code of Meeting Practice.

Whilst the practice of tendering an apology is recognised as a component of good meeting practice, it has no recognition in either the Act.

The acceptance of an apology is a positive acknowledgement of the courtesy of the person who tendered it. It does not amount to the granting of a Leave of Absence.

The tendering of an apology is an accepted convention by which those present at a meeting are notified that the person tendering the apology will not be attending the meeting. It is a form of courtesy to those attending the meeting. The purpose of an Apology is to aid the efficient conduct of meetings by informing the chairperson as to who will not be attending. This avoids delaying the opening of a meeting pending the arrival of such persons.

Current Situation

Council has received a request for leave of absence from Councillor McMahon. The Councillor’s request conforms with Council’s Code of Meeting Practice.

Councillor McMahon has requested leave of absence for the period 17 October 2019 to 31 October 2019 inclusive. The reason for the Councillor’s request is that she will be travelling within the state to a non-Council related event during the specified dates of leave and will unfortunately be unable to attend to official Council duties.

During the requested leave of absence period there is one (1) Ordinary Meeting of Council scheduled.

Financial Implications

Nil.

Statutory and Policy Implications

The Councillor’s request conforms with Council’s Code of Meeting Practice.

Consultation.

External Consultation

Nil.

Internal Consultation

·    Mayor Redding has been advised of the request for leave.

 


Ordinary Council Meeting Agenda                      24 September 2019

11.2         Delegates Report - New England Joint Organisation Meeting - August 2019

Responsible Officer:     Catherine Redding, Mayor

Author:                              Delece Hartnett, Personal Assistant to GM & Mayor

Attachments:                  1.        New England Joint Organisation Meeting Minutes - 26 August 2019  

 

Delivery Program Alignment

 

4. Leadership

Objective

4.4 Our strategic goals will be achieved through transparent and accountable planning and reporting

Strategy

4.4.2 Ensure effective and sound local governance practice

 

 

 

Recommendation

That Council note Mayor Redding’s Delegates Report on the New England Joint Organisation (NEJO) Meeting held on Monday 26 August 2019.

 

Delegates REPORT

The New England Joint Organisation (NEJO) held a Meeting in Uralla on Monday 26 August 2019.

The Minutes from the meeting are attached.

 


Ordinary Council Meeting Agenda                      24 September 2019

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Ordinary Council Meeting Agenda                      24 September 2019

11.3         Delegates Report - Maules Creek Coal Community Consultative Committee Meeting - 14 August 2019

Responsible Officer:     Robert Kneale, Deputy Mayor

Author:                              Delece Hartnett, Personal Assistant to GM & Mayor

Attachments:                  1.        Maules Creek Coal CCC Meeting - Wednesday 14 August 2019  

 

Delivery Program Alignment

 

4. Leadership

Objective

4.4 Our strategic goals will be achieved through transparent and accountable planning and reporting

Strategy

4.4.2 Ensure effective and sound local governance practice

 

 

 

Recommendation

That Council note Cr Kneale’s Delegate Report from the Maules Creek Coal Community Consultative Committee Meeting held on Wednesday 14 August 2019.

 

Delegates REPORT

The Maules Creek Coal Community Consultative Committee held a meeting on Wednesday 14 August 2019.

The Minutes from the meeting are attached.


Ordinary Council Meeting Agenda                      24 September 2019

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Ordinary Council Meeting Agenda                      24 September 2019

11.4         Delegates Report - Boggabri Coal Community Consultative Committee Meeting - 15 August 2019

Responsible Officer:     Lloyd Finlay, Councillor

Author:                              Delece Hartnett, Personal Assistant to GM & Mayor

Attachments:                  1.        Boggabri Coal CCC Meeting Minutes - 15 August 2019  

 

Delivery Program Alignment

 

4. Leadership

Objective

4.4 Our strategic goals will be achieved through transparent and accountable planning and reporting

Strategy

4.4.2 Ensure effective and sound local governance practice

 

 

 

Recommendation

That Council note Cr Finlay’s Delegates Report from the Boggabri Coal Community Consultative Committee held on 15 August 2019.

 

Delegates REPORT

The Boggabri Coal Community Consultative Committee held a Meeting on 15 August 2019.

The Minutes from the meeting are attached.


Ordinary Council Meeting Agenda                      24 September 2019

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Ordinary Council Meeting Agenda                      24 September 2019

11.5         Delegates Report - Leards Forest Environmental Trust Committee Meeting - Thursday 16 May 2019

Responsible Officer:     Lloyd Finlay, Councillor

Author:                              Delece Hartnett, Personal Assistant to GM & Mayor

Attachments:                  1.        Leards Forest Trust Minutes 16 May 2019  

 

Delivery Program Alignment

 

4. Leadership

Objective

4.4 Our strategic goals will be achieved through transparent and accountable planning and reporting

Strategy

4.4.2 Ensure effective and sound local governance practice

 

 

 

Recommendation

That Council note Cr Finlay’s Delegates Report from the Leard’s Forest Environmental Trust Inc Committee Meeting held on Thursday 16 May 2019.

 

Delegates REPORT

The Leard’s Forest Environmental Trust Inc Committee Meeting held a Meeting on Thursday 16 May 2019.

The Minutes from the meeting are attached.

 


Ordinary Council Meeting Agenda                      24 September 2019

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Ordinary Council Meeting Agenda                      24 September 2019

11.6         Electoral Commission - 2020 Council Elections

Responsible Officer:     Lindsay Mason, Director Corporate Services

Author:                              Zoe Saunders, Community Relations Manager

Attachments:                  Nil

 

Delivery Program Alignment

 

4. Leadership

Objective

4.4 Our strategic goals will be achieved through transparent and accountable planning and reporting

Strategy

4.4.2 Ensure effective and sound local governance practice

 

 

Executive Summary

Council needs to determine whether they wish to have the NSW Electoral Commission conduct the 2020 Local Government Election. This normally takes place 18 months in advance of the election. Due to an inquiry by the Independent Pricing and Regulatory Tribunal (“IPART”) into the cost the NSW Electoral Commission running elections, the Office of Local Government delayed the deadline for making a decision until 1 October 2019. The review has now been completed.

 

Recommendation

1.    That Council pursuant to section 296(2), (3) and (5A) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2.    That Council pursuant to section 296(2), (3) and (5A) of the Act, as applied and modified by section 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3.    That Council pursuant to section 296(2), (3) and (5A) of the Act, as applied and modified by section 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

 

Background

Council elections are held every four (4) years and are next due in September 2020. Since 2008, council elections have been undertaken on a full cost recovery basis. The NSW Electoral Commission (“NSWEC”) pays the direct costs of the election and then invoices councils once the elections are completed plus an Election Management Fee to cover the NSWEC’s corporate overheads.

The NSW Government has asked IPART to undertake a review of local government election costs for the 2020 elections. IPART has been asked to recommend a costing methodology that minimises the financial burden on councils and ensures local government elections are conducted efficiently and cost effectively.

If Council chooses to have the NSWEC undertake the election process, the report recommendation is required to be resolved by 1 October 2019.

Current Situation

On 30 August 2019, IPART submitted its Final Report on local government election costs to the Minister for Local Government. On 18 September 2019, IPART released their review of local government election costs. 

The Final Report recommends a costing methodology to be applied in determining the amount the NSWE) charges councils for local government election services.

Comparison of net bills under IPART’s proposal – including proposed government subsidy (nominal) indicated Narrabri’s 2016-2017 Electoral Commission bill was $82,000, the 2020 cost-reflective bill was estimated to be $115,000 and following the review, the revised estimated 2020 net bill, including the NSW government subsidy is $89,000. The difference in the net bill versus the full cost recovery bill is a reduction of $26,000, which represents a 23% decrease.

Financial Implications

This will be a cost will be included 2020/2021 budget, and funded from restricted asset for Elections. Final costs to be confirmed by the NSWEC.

Statutory and Policy Implications

Elections are conducted pursuant to section 296(2) and (3) of the Local Government Act 1993. It is mandatory to have an election in September 2020.

ConsultatioN

External Consultation

·    NSW Electoral Commission.

·    IPART

Internal Consultation

·    Financial Services Manager.


Ordinary Council Meeting Agenda                      24 September 2019

11.7         Investment Report - August 2019

Responsible Officer:     Lindsay Mason, Director Corporate Services

Author:                              Samantha Ratley, Senior Finance Officer

Attachments:                  Nil

 

Delivery Program Alignment

4. Leadership

Objective

4.4 Our strategic goals will be achieved through transparent and accountable planning and reporting

Strategy

4.4.3 Report in a clear, concise manner that is easily understood

Executive Summary

Council is required to consider a report on its investments in accordance with clause 212 of the Local Government (General) Regulation 2005.

During the month:

·    Three (3) investments matured, totalling $8 million.

·    Three (3) new investments were placed, totalling $8 million.

Council’s Responsible Accounting Officer has certified that Council’s investments are in accordance with requirements.

 

Recommendation

1.    That Council note the Investment Report for August 2019.

 

Background

Council is required to consider a report on its investments in accordance with clause 212 of the Local Government (General) Regulation 2005.

Current Situation

The following is a summary of investment movements for August 2019:

Investments maturing during the month:

·    07/08/2019          ME Bank                                     $2,000,000 63 days @ 2.03%

·    21/08/2019          AMP                                             $3,000,000 182 days @ 2.80%

·    28/08/2019          ME Bank                                     $3,000,000 364 days @ 2.73%

 

New investments secured during the month:

 

·    07/08/2019          ME Bank                                     $2,000,000 154 days @ 1.83%

·    21/08/2019          AMP                                             $3,000,000 245 days @ 1.80%

·    28/08/2019          ME Bank                                     $3,000,000 364 days @ 1.63%

 

 

 

Investment Rate Summary for August 2019

Average Interest Rate on Investments:                                                                                                                                  2.43%                                                                                                                                             

Weighted Average Interest Rate on Investments                                                                                                                                  2.46%

Council’s Benchmarks

Bank Bill Swap Rate (BBSW) 90 day index (30/08/2019)[1]                                                                                                                                  0.97%

Average 11am Cash Rate                                                                                                                                  1.00%

Financial Implications

The interest income for the month:

General Fund                                 $55,324

Externally Restricted Funds       $25,000

Water Fund                                    $21,348

Sewer Fund                                    $10,294

Total Interest Income              $111,966

Statutory and Policy Implications

Clause 212 of the Local Government (General) Regulation 2005 requires Council’s Responsible Accounting Officer to provide a monthly report setting out the details of all money that the Council has invested under section 625 of the Local Government Act 1993.

It is certified that Council’s investments have been made in accordance with:

·    Local Government Act 1993.

·    Local Government (General) Regulation 2005.

·    Ministerial Investment Order dated 12 January 2011.

·    Council’s Investment Policy dated 15 August 2017.

Consultation

External Consultation

Nil.

Internal Consultation

·    Responsible Accounting Officer.

 


Ordinary Council Meeting Agenda                      24 September 2019

11.8         Ordinary Council Meeting Dates 2019/2020

Responsible Officer:     Stewart Todd, General Manager

Author:                              Delece Hartnett, Personal Assistant to GM & Mayor

Attachments:                  Nil

 

Delivery Program Alignment

 

4. Leadership

Objective

4.4 Our strategic goals will be achieved through transparent and accountable planning and reporting

Strategy

4.4.2 Ensure effective and sound local governance practice

 

 

Executive Summary

Council’s current Code of Meeting Practice, Part 3, Section 3.1, specifies the frequency of Ordinary meetings of Council, that will be held on the 4th Tuesday of each month, except for December, whereby the Ordinary meeting will be held on the 3rd Tuesday due to Christmas. No meeting will be held in January of each year.

Council is required to set the dates, commencement times and locations of its Ordinary Council Meetings for the ensuing period.

A yearly meeting schedule has been prepared for the consideration of Council.

 

Recommendation

That Council set the ensuring 12-month schedule for Ordinary Council Meetings, for the 2019/2020 year.

 

Background

Council's current Code of Meeting Practice, Part 3, Section 3.1, specifies the frequency of Ordinary Council Meetings, which are currently held on the 4th Tuesday of the month respectively excluding January. The Code has taken into consideration section 365 of the Local Government Act 1993 which specifies that a council must meet at least ten (10) times a year with each meeting being in a different month.

Current Situation

Council is required to set the dates, commencement times and locations of its Ordinary Council Meetings for the ensuing period. The setting of such dates and times whilst complying with the necessary legislative requirements.

The following would be the recommended dates:

1.    Tuesday 22 October 2019

2.    Tuesday 26 November 2019

3.    Tuesday 17 December 2019 (Avoids Christmas)

4.    Tuesday 25 February 2020

5.    Tuesday 24 March 2020

6.    Tuesday 28 April 2020 (Avoids Easter - 12 April 2020)

7.    Tuesday 26 May 2020

8.    Tuesday 23 June 2020

9.    Tuesday 28 July 2020

10. Tuesday 25 August 2020

11. Tuesday 22 September 2020

All meetings will be held in the Narrabri Shire Council Chambers.

Last year’s schedule was a 1.00pm commencement time for Ordinary Meetings; this timing however would hinder the ability for greater community participation. Council is required to determine the start time for Ordinary Council Meetings.

It should be noted that an Extraordinary Meeting of Council can be called at any time in accordance with the relevant legislation.

Financial Implications

Nil.

Statutory and Policy Implications

A Councillor should move a motion on this report in the form of:

That Council set the following dates for its Ordinary Meetings for the ensuing 12-month period; taking place at the Narrabri Shire Council Chamber:

1.    Tuesday 22 October 2019 commencing at <insert time>.

2.    Tuesday 26 November 2019 commencing at <insert time>.

3.    Tuesday 17 December 2019 commencing at <insert time> (Avoids Christmas)

4.    Tuesday 25 February 2020 commencing at <insert time>.

5.    Tuesday 24 March 2020 commencing at <insert time>.

6.    Tuesday 28 April 2020 commencing at <insert time>. (Avoids Easter - 12 April 2020)

7.    Tuesday 26 May 2020 commencing at <insert time>.

8.    Tuesday 23 June 2020 commencing at <insert time>.

9.    Tuesday 28 July 2020 commencing at <insert time>.

10. Tuesday 25 August 2020 commencing at <insert time>.

11. Tuesday 22 September 2020 commencing at <insert time>.

Consultation

External Consultation

Nil.

Internal Consultation

·    Executive Management.


Ordinary Council Meeting Agenda                      24 September 2019

11.9         Creation of the Office of Deputy Mayor

Responsible Officer:     Lindsay Mason, Director Corporate Services

Author:                              Delece Hartnett, Personal Assistant to GM & Mayor

Attachments:                  1.        Nomination Form for the Office of Deputy Mayor  

 

Delivery Program Alignment

 

4. Leadership

Objective

4.4 Our strategic goals will be achieved through transparent and accountable planning and reporting

Strategy

4.4.2 Ensure effective and sound local governance practice

 

 

Executive Summary

Council is required to determine if it wishes to create the Office of Deputy Mayor in accordance with statutory requirements.

On the assumption that Council will wish to elect a Deputy Mayor, a nomination paper for Office of Deputy Mayor has been provided as an attachment to this report. Nomination papers may be delivered or sent to the General Manager either prior to or at the Council Meeting.

In alignment with Council’s previous voting method decision and Objective 4.4 of the Delivery Program 2017/2021; of being transparent and accountable, it is recommended to conduct the voting using the open voting method.

 

Recommendation

1.    That Council create the Office of Deputy Mayor.

2.    That Council set the term of the Office of Deputy Mayor to be twelve (12) months, concluding at the commencement of the September 2020 Ordinary Council Meeting or the declaration of vacancies in accordance with Ordinary Election 2020; whichever date is sooner.

3.    That Council elect the Deputy Mayor by way of open voting, if more than one (1) nomination for Deputy Mayor is received.

 

Background

Council is required to determine if it wishes to create the Office of Deputy Mayor in accordance with the provisions of the Local Government Act 1993 (“the LG Act”) and the Local Government (General) Regulation 2005 (“LGGR”).

Council can determine to create the Office of Deputy Mayor for a period coinciding with the Mayoral term or a shorter period. Council should openly consider the potential to extend the term of the Office of Deputy Mayor to align with that of the term of the Office of the Mayor.

Section 231 of the LG Act outlines the requirements for the creation and election of a Deputy Mayor.

The election process is set out in Schedule 7 of the LGGR.

Current Situation

On the assumption that Council will wish to elect a Deputy Mayor, a nomination paper for Office of Deputy Mayor has been provided as an attachment to this report.

Nomination papers may be delivered or sent to the General Manager either prior to or at the Council Meeting. The nomination is to be in writing and signed by 2 or more councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

Should there be more than one (1) Councillor nominated for the Office of Deputy Mayor, Council is to determine whether the election is to be by preferential ballot, by ordinary ballot or by open voting.

Election Methods

Preferential Ballot

This method utilises ballot-papers. Councillors are to mark their votes by placing the numbers “1”, “2” and so on against the candidate names so as to indicate the order of their preference for all the candidates.

If a candidate has an absolute majority of first preference votes, that candidate is elected.

If an absolute majority is not achieved, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot-papers.

If no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one (1) candidate has received an absolute majority of votes, whom is then elected.

If, on any count of votes, there are two (2) candidates in, or remaining in, the election and the numbers of votes cast for the two (2) candidates are equal, the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

If, on any count of votes, there are three (3) or more candidates in, or remaining in, the election and the numbers of votes cast for two (2) or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes, the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

Ordinary Ballot

This method utilises ballot-papers. The Returning Officer decides the manner in which votes are to be marked on the ballot-papers.

If there are only two (2) candidates, the candidate with the higher number of votes is elected. If there are only two (2) candidates and they are tied, the one (1) elected is to be chosen by lot.

If there are three (3) or more candidates, a vote is taken; the candidate with the lowest number of votes is excluded. If three (3) or more candidates still remain further votes are taken with the candidate receiving the lowest number of votes being excluded until two (2) candidates remain.

A further vote is taken of the two (2) remaining candidates; the candidate with the higher number of votes is elected. If there are only two (2) candidates and they are tied, the one (1) elected is to be chosen by lot.

If at any stage during a count two (2) or more candidates are tied on the lowest number of votes, the one (1) excluded is to be chosen by lot.

Open Voting

This method utilises a show of hands. The election procedure is the same as for the ordinary ballot method.

Definitions

Absolute majority:    In relation to votes, means a number that is more than one-half of the number of unexhausted formal ballot-papers.

Ballot:                           In the context of this type of election has the meaning of a secret ballot.

Chosen by lot:            If two (2) candidates are tied (having equal numbers of votes) their names are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer so as to prevent the candidate names being seen, the slips are mixed and one (1) is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.

Before proceeding with the election Council is required to resolve which method of voting is to be used. While the option to have a preferential ballot is available it is not normally used in circumstances such as this. Both ordinary ballot and open voting are the more common methods.

In alignment with Council’s previous voting method decision and Objective 4.4 of the Delivery Program 2017/2021; of being transparent and accountable, it is recommended to conduct the voting using the open voting method.

Timing of Election

The election for Office of Deputy Mayor is to take place at the Council Meeting at which the Council determines the method of voting.

Financial Implications

Nil.

Statutory and Policy Implications

This report enables Council to create the Office of Deputy Mayor in line with the statutory requirements of the LG Act and LGGR.

If Council resolves this way; Council is additionally statutorily required to resolve:

1.    The term of the Office of Deputy Mayor.

2.    The method of voting for the Office of Deputy Mayor.

Consultation

External Consultation

Nil.

Internal Consultation

Nil.


Ordinary Council Meeting Agenda                      24 September 2019

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Ordinary Council Meeting Agenda                      24 September 2019

11.10      Annual Appointment to Council Committees

Responsible Officer:     Lindsay Mason, Director Corporate Services

Author:                              Delece Hartnett, Personal Assistant to GM & Mayor

Attachments:                  Nil

 

Delivery Program Alignment

 

Leadership

Objective

4.4 Our strategic goals will be achieved through transparent and accountable planning and reporting

Strategy

4.4.2 Ensure effective and sound local governance practice

 

 

Executive Summary

Council has continually reviewed its Committee structures to ensure efficient and effective governance frameworks exist that support Council decision making as part of this continual review cycle Council has utilised the practice of nominating delegates to Committees on an annual basis.

Council has 11 committees established.

Councillors are requested to seek membership to committees of their interest and nominate to be a member.

 

Recommendation

1.    That Council appoint Councillor representation to its various Advisory and Special Purpose Committees.

2.    That Council discontinue Councillor representation to Section 355 committees.

3.    That Council dissolve the China Engagement Advisory Committee.

 

Background

Council has continually reviewed its Committee structures to ensure efficient and effective governance frameworks exist that support Council decision making as part of this continual review cycle Council has utilised the practice of nominating delegates to Committees on an annual basis.

In order for Councillor representation to be appointed to Council’s various committees for the ensuing twelve (12) months it is necessary for Council to review and formally appoint its Councillor representation.

Current Situation

Council has established the following variety of Committees; included below are the previous 12-month Councillor members.

It is recommended to discontinue Councillor membership to section 355 committees.

It is recommended to dissolve the China Engagement Advisory Committee. The Committee has never been fully established and never met.

Advisory Committees

Advisory Committee

2018/2019 Member(s)

Access and Inclusion Advisory Committee

Member: Clr Loder

Member: Clr Staines

China Engagement Advisory Committee

Member: Clr Redding

(as Mayor)

Crime Prevention Advisory Committee

Member: Clr Loder

Member: Clr Kneale

Floodplain Management Advisory Committee

Member: Clr Kneale

Member: Clr Booby

Narrabri Airport Advisory Committee

Member: Clr Staines

Member: Clr McMahon

Saleyards Advisory Committee

Member: Clr Staines

Member: Clr Booby

The Crossing Theatre Advisory Committee

Member: Clr Kneale

Member: Clr Loder

Youth Centre Advisory Committee

Member: Clr Finlay

Member: Clr Redding

Section 355 Committees

Section 355 Committee

2018/2019 Member(s)

Section 355 Gwabegar Hall Committee

Member: Cr Booby

Special Purpose Committees

Special Purpose Committee

2018/2019 Member(s)

Audit and Risk Committee

Member: Cr Staines

Local Traffic Committee

Member: Cr Kneale

Alternate: Cr Campey

Financial Implications

There is an established budget allocation for the travel and attendance to meetings for Council delegates.

Statutory and Policy Implications

A Councillor should move a motion on this report in the form of:

That Council appointment the following members and alternate members to the various Council Advisory and Special Purpose Committees:

Advisory Committee

Details

2019/2020 Delegates

Access and Inclusion Committee

As required

Member: Clr <insert surname>

Member: Clr <insert surname>

Crime Prevention Advisory Committee

Quarterly

Member: Clr <insert surname>

Member: Clr <insert surname>

Floodplain Management Advisory Committee

As required

Member: Clr <insert surname>

Member: Clr <insert surname>

Member: Clr <insert surname>

Narrabri Airport Advisory Committee

Minimum twice per year

Member: Clr <insert surname>

Member: Clr <insert surname>

Saleyards Advisory Committee

Minimum twice per year

Member: Clr <insert surname>

Member: Clr <insert surname>

The Crossing Theatre Advisory Committee

Minimum twice per year

Member: Clr <insert surname>

Member: Clr <insert surname>

Youth Centre Advisory Committee

Minimum twice per year

Member: Clr <insert surname>

Member: Clr <insert surname>

 

Special Purpose Committee

Details

2019/2020 Member(s)

Audit, Risk & Improvement Committee

Quarterly

Member: Clr <insert surname>

Local Traffic Committee

As required

Member: Clr <insert surname>

Alternate: Clr <insert surname>

Consultation

External Consultation

Nil.

Internal Consultation

Nil.

 


Ordinary Council Meeting Agenda                      24 September 2019

11.11      Annual Appointment of Council Delegates

Responsible Officer:     Lindsay Mason, Director Corporate Services

Author:                              Delece Hartnett, Personal Assistant to GM & Mayor

Attachments:                  Nil

 

Delivery Program Alignment

 

4. Leadership

Objective

4.4 Our strategic goals will be achieved through transparent and accountable planning and reporting

Strategy

4.4.2 Ensure effective and sound local governance practice

 

 

Executive Summary

Council has established a practice of nominating delegates to external bodies and organisations on an annual basis.

In order for delegates to be able to represent Council on external bodies for the ensuing twelve (12) months it is necessary for Council to review and formally appoint its delegates.

 

Recommendation

That Council appointment delegates to the various external bodies or organisations requesting or requiring Council representation.

 

Background

Council has established a practice of nominating delegates to external bodies and organisations on an annual basis.

Current Situation

Council has been requested to be involved on the following external bodies and organisations; included are the previous 12-month Council delegates:

 

 

Name of Body/Organisation

2018/2019 Delegates

Australian Rural Road Group Inc.

Delegate: Clr Redding

Alternate: Clr Kneale

Central Northern Libraries Committee

Delegate: Clr Redding

Alternate: Clr Booby

Joint Regional Planning Panel (JRPP)

Delegate: Clr Kneale

Delegate: Clr Staines

Alternate: Clr Campey

Leards Forest Precinct Environmental Trust

Delegate: Clr Finlay

Alternate: Clr Kneale

Lillian Hulbert Memorial Prize Committee

Delegate: Mayor


Myall Creek Memorial Committee

Delegate: Clr Redding

Delegate: Clr Staines

Alternate: Clr McMahon

Namoi Water

Delegate: Clr McMahon

Alternate: Clr Loder

Narrabri Bush Fire Management Committee

Delegate: Clr Staines

Alternate: Clr McMahon

Narrabri Hospital Advisory Committee

Delegate: Clr Loder

Alternate: Clr Redding

Wee Waa Hospital Advisory Committee

Delegate: Clr Booby

Alternate: Clr McMahon

Community Consultative Committees (CCC)

Name of Body/Organisation

2018/2019 Delegates

Boggabri Coal

Community Consultation Committee

Delegate: Clr Kneale

Alternate: Clr Finlay

Maules Creek Coal Mine

Community Consultative Committee

Delegate: Clr Kneale

Alternate: Clr Finlay

Narrabri Coal Mine

Community Consultative Committee

Delegate: Clr Staines

Alternate: Clr Campey

Narrabri Gas Project

Consultative Committee

Delegate: Clr Loder

Delegate: Clr Campbell

Alternate: Clr Kneale

Tarrawonga Coal Mine

Community Consultative Committee

Delegate: Clr Staines

Alternate: Clr McMahon

Vickery Coal Mine

Community Consultative Committee

Delegate: Clr Staines

Alternate: Clr Finlay

Western Slopes Pipeline

Community Consultative Committee

Delegate: Clr Kneale

Alternate: Clr Booby

The Australian Rural Road Group Inc. has been dissolved; there is no need for Council to appoint delegates to this group.

Financial Implications

There is an established budget allocation for the travel and attendance to meetings for Council delegates.

Statutory and Policy Implications

A Councillor should move a motion on this report in the form of:

That Council appointment the following delegates to the various external bodies or organisations requesting or requiring Council representation:

Name of Body/Organisation

Details

2019/2020 Delegates

Central Northern Libraries Committee

General meetings held throughout the year, agendas are sent in

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Joint Regional Planning Panel (JRPP)

As required.

Delegate: Clr <insert surname>

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Lillian Hulbert Memorial Prize Committee

Held when the Prize is open.

Delegate: Mayor


Myall Creek Memorial Committee

 

Delegate: Clr <insert surname>

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Namoi Water

Agenda and Minutes are sent in

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Namoi-Peel Customer Service Committee

Quarterly meetings, every second Wednesday of the month at 9am

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Narrabri Bush Fire Management Committee

Two a year, one before bush fire season and one after bush fire season

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Narrabri Hospital Advisory Committee

Held every month, second month at 2pm, Narrabri Hospital

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

North West Regional Weed Committee

Quarterly meetings

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Wee Waa Hospital Advisory Committee

Held every second month, first Thursday of the month at 1pm, Wee Waa Hospital

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Community Consultative Committees (CCC)

Name of Body/Organisation

Details

2019/2020 Delegates

Boggabri Coal

Community Consultation Committee

Quarterly meetings, onsite, will send agenda and minutes in

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Maules Creek Coal Mine

Community Consultative Committee

Quarterly meetings

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Narrabri Coal Mine

Community Consultative Committee

Quarterly meetings, first Tuesday of the month, 4pm onsite.

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Narrabri Gas Project

Consultative Committee

Monthly meetings; second Tuesday of the month

Delegate: Clr <insert surname>

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Tarrawonga Coal Mine

Community Consultative Committee

Quarterly meetings

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Vickery Coal Mine

Community Consultative Committee

Quarterly meetings

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Western Slopes Pipeline

Community Consultative Committee

 

Delegate: Clr <insert surname>

Alternate: Clr <insert surname>

Consultation

External Consultation

Nil.

Internal Consultation

Nil.

    


Extraordinary Council Meeting Minutes        12 September 2019

12          Confidential (Closed Council) Meeting   

Nil reports.

13          Meeting Closed



[1] Source: www.asx.com.au