Agenda of Extraordinary Council Meeting

Extraordinary Council Meeting Agenda 27 January 2021

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

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)

AUDIO RECORDING NOTICE

Council advises that this Meeting will be recorded for the purpose of webcasting, and made available on the Internet. As such, all those present should refrain from making any defamatory statements. It is requested that Councillors within the duration of the Meeting, limit discussions to only the business on the agenda and what is permissible under our Code of Meeting Practice.

(Clause 5.20 Code of Meeting Practice)

Mayor

Cr Ron Campbell

Deputy Mayor

Cr Cameron Staines

Cr Maxine Booby

Cr Ron Campey

Cr Lloyd Finlay

Cr Robert Kneale

Cr Annie McMahon

Cr Cathy Redding

General Manager

Mr Stewart Todd

Director

Infrastructure Delivery

Mr Shane Burns

Director Corporate & Community Services

Mr Lindsay Mason

Director Planning & Environment

Ms Amanda Hannay

Extraordinary Council Meeting Agenda 27 January 2021

6.1 Narrabri Sports and Tourism Precinct Masterplan

Responsible Officer: Shane Burns, Director Infrastructure Delivery

Author: Evan Harris, Parks and Open Space Manager

Attachments: 1. Draft Narrabri Sport and Tourism Precinct Masterplan ⇩

Delivery Program Alignment

1 Society
Objective	1.3 Our communities will be provided with facilities and services to increase social connectivity and accessibility
Strategy	1.3.4 Continually improve access to community facilities and services across the Shire

Executive Summary

Council has held initial consultation and drafted a masterplan for the currently titled ‘Narrabri Sport and Tourism Precinct’. Draft plans for the playground section of the draft masterplan are currently being developed. Council is now in the position that further development of this plan with potential construction will need endorsement from the Community and Council. This endorsement will align the project into Councils delivery plan.

Recommendation

1. That Council endorse the draft Narrabri Sport and Tourism Precinct Masterplan for the purposes of public exhibition, as attached.

2. That Council place on public exhibition the Narrabri Sport and Tourism Precinct Masterplan for the period 1 February 2021 to 1 March 2021, during the exhibition period call for and accept submissions from the public on the draft Masterplan.

Background

During 2019, Council started developing a masterplan for a destination stop in Narrabri, currently titled ‘Narrabri Sport and Tourism Precinct’.

This precinct is proposed to consist of a large playground with accessibility equipment, links to retail outlets, public toilets, change rooms facilities and access to the central business district of Narrabri. This precinct would primarily have a focus on creating a “must stop destination” for tourists travelling through Narrabri Shire; and secondly a wonderful community asset to be utilised by the local community for entertainment and outdoor passive recreation. From this scope, a masterplan for the ‘Narrabri Sport and Tourism Precinct’ has been developed for the site located behind the Crossing Theatre.

Current Situation

Council has developed a masterplan outlining numerous elements to the ‘Narrabri Sport and Tourism Precinct’. Council has also initiated further detailed designs for the playground incorporated in the proposed precinct.

The proposal has now reached the stage where it can be further progressed and be moved forward seeking formal Council adoption.

Formal adoption of the draft masterplan would provide commitment to the project thus making obtainable a greater range of financial assistance from both Federal and State Government grant funding bodies and the utilisation of VPA funds.

Financial Implications

A basic costing forecast for each stage or development has been developed; including all the deliverable elements. These forecasts will be kept internal due to future tendering requirements of the project.

The draft masterplan contains numerous recreational and entertainment elements allowing Council to seek funding for the entire project or alternatively seek and apply for multiple grants under a staged development approach.

This proposed project is identified within the agreed Santos Narrabri Gas Project VPA.

Statutory and Policy Implications

During the development of the masterplan consideration has been given to the following:

· Narrabri Sport, Recreation and Open Space Plan.

· Disability Inclusion Access Plan (DIAP).

· Pedestrian Access and Mobility Plan (PAMP).

Consultation

Four consultation meetings have been held by Council to formulate the draft masterplan. The sessions included meeting with representatives of local community groups, schools and the general public, the remaining three sessions included a Councillor briefing, Council management and Council staff sessions.

External Consultation

A community consultation session was held at the Narrabri Aquatic centre on the 7 May 2019. Attendees at the community consultation session included representatives from the following:

· Rotary

· Narrabri Chamber of Commerce

· Nurruby and Nurruby Oosh

· HealthWise

· Di’s Family Daycare

· Narrabri Public School Principal

· Youth Shack

The Council have utilised the services of Insite Emla Consulting Group during the development of the draft masterplan.

Internal Consultation

A Councillor Briefing was held 7 May 2019, facilitated by Manager Parks and Opens Spaces assisted by representatives from the Insite Emla Consulting Group.

Further, internal consultation has also been undertaken with Council Parks and Open Space staff during a consultation session, as well as the following additional Council staff:

· General Manager.

· Director Corporate and Community Services.

· Manager Design Services.

· Manager Cultural Facilities.

· Manager Tourism and Community Development.

Extraordinary Council Meeting Agenda 27 January 2021

7.1 EIS Submission N2N

Responsible Officer: Amanda Hannay, Director Planning & Environment

Author: Cara Stoltenberg, Strategic & Major Projects Planner

Attachments: 1. Inland Rail – Narromine to Narrabri Project Environmental Impact Statement ⇩

Delivery Program Alignment

3 Economy
Objective	3.2 We will become a logistics hub for the northern inland region
Strategy	3.2.3 Explore opportunities for increasing the efficiency of freight movements

Executive Summary

The Australian Rail Track Corporation (ARTC), the proponent for the Inland Rail (IR) from Melbourne to Brisbane, has released the Environmental Impact Statement (EIS) prepared for the Narromine to Narrabri (N2N) reach of the proposed rail. Council received written correspondence on 26 November 2020 from ARTC that the EIS would be on public exhibition and available on the New South Wales (NSW) Department of Planning, Industry and Environment (DPIE) Major Project website from 8 December 2020 until 7 February 2021. The main areas for Council to focus its submission are:

· Traffic, Transport and Access.

· Flood impact.

· Social and economic impact.

Recommendation

1. That Council make a submission to the NSW Government on the Environmental Impact Statement for the Narromine to Narrabri Inland Rail Project generally in accordance with this report.

Background

ARTC is seeking approval to construct and operate the N2N section of IR. ARTC has lodged an Application for State Significant Infrastructure, Number SSI 9487. The proposal is subject to assessment under Part 5 of the NSW Environmental Planning and Assessment Act 1979 (EP&A Act). The capital investment value of the proposal is estimated to be over $50 million, and as a result the proposal is State Significant Infrastructure under State Environmental Planning Policy (State and Regional Development) 2011. The proposal is therefore subject to Part 5.2 of the EP&A Act and an EIS has been prepared addressing the Secretary’s Environmental Assessment Requirements (SEARs). The proposal consists of about 306 kilometres of new single-track with seven crossings loops. It includes bridges over rivers and floodplains, roads and rail lines, new level crossings, road realignments and ancillary works.

ARTC states that it “remains committed to open and ongoing community engagement”. The EIS for the N2N project is currently on public display from Tuesday 8 December 2020 to Sunday 7 February 2021.

Current Situation

The main areas for Council to consider in the preparation of its submission are:

Traffic, Transport and Access

Lack of consultation with Council and a significant amount of assumptions have been made by ARTC regarding the use of local roads. ARTC state that “it is recommended that a traffic, transport and access management plan be produced to guide the interaction of construction activities with the public road network. The plan should be prepared in consultation with the local councils, bus and other transport operators and Transport for NSW and be subject to periodic review and update as agreed between the stakeholders.” This statement is considered the most important statement with regards to traffic, transport and access. Council needs to ensure that council officers are involved in the development of this plan (which is yet to commence).

It is imperative that all construction traffic utilises the temporary haul road and that the haul road is accessed via the Newell Highway. Any use of local roads will require the approval of Council prior to construction commencing.

Council has already objected to the use of the existing rail line through the residential sections of town and is currently working with Ernst and Young to resolve the issue. No approval for use of this section of track should be issued until such time as the Ernst and Young submission is finalised.

Flood impact

A presentation was given by the IR N2N project team to the Flood Committee on 29 April 2020 outlining the status of the project and their flood investigations so far. The Flood Committee questioned the proposed location of the railway line immediately downstream of the township of Narrabri and highlighted the potential negative flood impacts on the town. Preliminary results showed a 1cm to 10cm increased afflux impact on Wee Waa Road and 1cm to 5cm impact for the Millicent Drive residential area for the 1% Annual Exceedance Probability (AEP) event

IR have maintained that their target for all projects is to limit the afflux on existing buildings to 10mm (1cm). The results show some buildings having an afflux of between 1cm and 5cm.

Discrepancies between N2N’s flood modelling and Council’s flood modelling were also apparent, potentially due to different LIDAR data used.

The Flood Committee concluded to continue to hold discussions with the IR N2N project team regarding flood impacts on the township of Narrabri with the hopes of mitigation any negative flood impacts on the local community. However, the Committee do not feel that IR have been as transparent as Council with regards to facilitating the sharing of information with the view to ensure potential flood impacts caused by the N2N project are mitigated.

While the IR N2N project team may have carried out various community consultation activities on the project in Narrabri and with Narrabri residents, such impacts as the increased afflux during the 1% AEP flood event were never discussed with landowners, even those who would be affected by the predicted afflux. The Flood Committee is extremely concerned with this lack of transparency by IR to its residents and feels that this is in contravention to the NSW Government’s Flood Prone Land Policy and the Floodplain Development Manual.

The Flood Committee is further troubled that IR refused its’s numerous requests to include Mulgate Creek and local tributary flooding in their model and therefore flood impact assessment for the EIS. On 23 November 2020 Council received the following comments from IR’s Design Manager, Joel Acosta;

“We checked the schedule to see if we could add it without impacting the EIS submission date, but unfortunately it was not possible….. The updated flooding and hydrology assessment report will be included in the Submissions and Preferred Infrastructure Report (SPIR) in 2021. As the name suggests, that is the document where Inland Rail will have to reply to all the formal submissions received during the EIS public exhibition period. For this particular example, Council will add a submission requesting Mulgate Creek scenario to be included, and Inland Rail will reply “done, please refer to updated document”.

Council should request that:

· Mulgate Creek and local tributary flooding be investigated in the detailed design flooding and any changes to the conclusions made in the EIS be put out again for public exhibition.

· Flood mitigation measures form part of the conditions of consent for the Project to ensure that impacts on buildings and properties are appropriately managed.

· Council asks that all necessary flood modelling be undertaken to confirm the extent of any impacts on properties and that all necessary flood mitigation measures are implemented to ensure that impacts are appropriately managed and that these be required as a condition of consent.

IR be require to investigate any potential opportunities to mitigate flooding for towns within the project area through the alignment of the project or other works as a

Social and economic impact

Council has consistently been a strong advocate for IR to the point that it is developing an industrial activation estate called the Northern NSW Inland Port (N2IP). A part of the strategic intent of IR is to assist communities that the IR infrastructure traverses to leave legacy items for current and future generations.

The EIS concludes that the key potential benefits of the Project include:

· Increased employment opportunities through demand for construction and operation workforce and business opportunities through demand for goods and services mainly during the construction phase.

· Potential of reduced freight road traffic along regional and local roads as some freight would be transported by rail during operation.

The possible adverse social impacts include:

· Impacts on properties and landholders due to property acquisition and land access required during construction.

· Altered access during operation for some rural properties due to fewer level crossings, and associated potential impacts to agricultural operations.

· Amenity impacts due to changes in noise levels, air quality, views and landscape during construction and operation.

· Potential stresses in range of areas, including but not limited to the following:

i. Education and training

ii. Medical

iii. Policing

iv. Childcare

v. Ambulance

vi. Private enterprise businesses

vii. Miscellaneous government departments.

Council should request that:

· Landholders are provided with a level playing field and fully consulted in any property acquisition and land access discussions and that as far as is reasonably practicable the operation of rural properties is not detrimentally effected by operation of the IR.

· IR initiate and lead a whole of government task force to address the very real local government and community concerns of the N2N project.

· The IR infrastructure grade when separates over the Walgett Branch Line, it does so at a height that allows for double stacking from the N2IP site.

· Infrastructure is included in the project to facilitate access in a northerly and southerly direction directly from the Walgett Branch Line.

· The multi-function site compound proposed to be developed at Narrabri West be repositioned to Council’s N2IP site. This to include the following:

i. IR’s multi-function offices and amenities building

ii. Laydown areas

iii. Materials storage

iv. Fixed and mobile concrete batching facilities

v. Fuel and hazardous materials storage

vi. Maintenance facilities

vii. Welding yard

· Strategic water bores be positioned to allow community organisations like the NSW Rural Fire Service to access water to fight forest fires. Further community benefits could be attained by providing water supply for residential consumption and to Council’s N2IP site for commercial/industrial usage and economic growth.

· All existing surplus residential rooms available at CIVEO be taken up prior to the development of any new facility. If a new facility is required, then strong consideration should be given to the legacy aspect of that development. Therefore, a temporary workforce accommodation facility should be designed, situated and constructed to allow for the potential future use as an aged care facility, motel accommodation or units etc. Council requests that it be consulted to ensure the most appropriate design and location is established for this potential long-term, community benefit.

Financial Implications

Draft damage estimations calculated show the following results for a 1% AEP flood in Narrabri;

i. Regional Flooding (Namoi River):

· There are in excess of 2,190 flood affected buildings, of which;

Ø Over 900 residential buildings would be inundated above floor level, and

Ø Over 300 non-residential buildings would be inundated above floor level.

· The total flood damage costs would be in the order of $137 million (excluding road, bridge and agricultural flood damages).

· 96% of the flood damage costs are associated with residential properties.

ii. Local Flooding (Mulgate Creek and Long Gully):

· There are in excess of 180 flood affected buildings, of which;

Ø Over 130 residential buildings would be inundated above floor level, and

Ø Over 40 non-residential buildings would be inundated above floor level.

· The total flood damage costs would be in the order of $24 million (excluding road, bridge and agricultural flood damages).

· 97% of the flood damage costs are associated with residential properties.

The above estimates do not take in to account the increased afflux predicted by the installation of the IR N2N section of rail immediately downstream of the township of Narrabri in its proposed alignment.

Estimates of damage to and/or relocation of Council owned infrastructure is unable to be determined using the information provided by the proponent.

Statutory and Policy Implications

Nil.

Consultation

The Environmental Impact Statement (EIS) for the N2N project is currently on public display from Tuesday 8 December 2020 to Sunday 7 February 2021.

External Consultation

· Council has participated in the Narromine to Narrabri (N2N) Community Consultative Committee (CCC) since its inception and is represented by Deputy Mayor Staines.

· The Flood Committee.

Internal Consultation

The Planning Proposal has been prepared incorporating input and advice from relevant sections across Council. Including but not limited to;

· Bill Birch, Manager Economic Development.

· Michael Davis, Manager Waster Services.

· Anthony Smetanin, Manager Design Services.

· Sue Jackson-Stepowski, Heritage Advisor.

· Erika Dawson, Assessment and Monitoring Coordinator.

Extraordinary Council Meeting Agenda 27 January 2021

8.1 Northern NSW Inland Port Planning Proposal

Responsible Officer: Stewart Todd, General Manager

Author: Amanda Hannay, Director Planning & Environment

Attachments: 1. Request to extend Public Exhibition - Browning correspondence ⇩

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	4.1.2 Ensure the community is informed and involved in Council activities through implementing quality consultation

Executive Summary

The objective of the Northern NSW Inland Port Planning Proposal is to facilitate the Northern NSW Inland Port. To achieve this intent, it is proposed to:

• Rezone the site from RU1 Primary Production to:

o part SP1 Special Activities;

o part SP2 Infrastructure; and

o part E3 Environmental Management.

• Modify the minimum lot size map

• Deliver the above changes by way of an amendment to Narrabri LEP 2012 and its associated LEP mapping.

Council at its September and November 2020 Ordinary Council Meetings resolved the following:

· Endorsed the N2IP Planning Proposal and sought a Gateway Determination.

· Sought authorisation to be the local plan-making authority.

· Approved the N2IP Communication Strategy.

· To place the N2IP Planning Proposal on public exhibition for the period 7 December 2020 to 25 January 2021.

During the submission period Council received two (2) requests from two (2) residents of Yarrie Lake Road requesting an extension to the exhibition period. The requests were identical and cited the following reasons for an extension to the exhibition period:

1. The very high level of community interest;

2. The limited level of consultation that has occurred with landowners on Yarrie Lake Road, near the proposed development to date;

3. The lack of specific plans provided for the development.

The level of community interest in the Planning Proposal is a subjective judgement.

As has been advised and reported to Council previously the consultation on the subject Planning Proposal commenced well in advance of any legislative requirement to do so and the consultation has been comprehensive and broad.

Council is currently considering a ‘planning proposal’ for the Northern NSW Inland Port precinct. Council is currently not considering any development for or in the precinct. References to “development” are misplaced and incorrect.

Any development that may be proposed for the precinct in the future will be required to be assessed through the relevant development assessment process. The development assessment process, when and if commenced, will require consideration of issues, such as traffic, among any others identified as part of any proposed development.

There are no “specific plans for the development” due to the fact that Council is not currently considering development at the precinct.

Recommendation

1. That Council note the extensive and detailed consultation undertaken on the Northern NSW Inland Port Planning Proposal.

2. That Council not extend the exhibition period for the Northern NSW Inland Port Planning Proposal and commence the review of the submissions and feedback received, with the review being the subject of a further report to Council.

Background

Council at its meeting held on 22 September 2020 resolved the following:

1. That Council endorse the Planning Proposal to amend the provisions of the Narrabri Local Environmental Plan 2012 to facilitate the N2IP precinct and forward to the Department of Planning Industry and Environment requesting a Gateway Determination.

2. That Council seek authorisation from the Department of Planning Industry and Environment to be the local plan-making authority.

The subject Planning Proposal proposes to establish the Northern NSW Inland Port precinct. The Planning Proposal proposes to:

· Rezone the site from RU1 Primary Production to:

o Part SP1 Special Activities;

o Part SP2 Infrastructure; and

o Part E3 Environmental Management.

· Modify the minimum lot size map

· Deliver the above changes by way of an amendment to Narrabri LEP 2012 and its associated LEP mapping.

The Department of Planning Industry and Environment issued its Gateway Determination on 27 October 2020.

Following Council receiving the DPIE Gateway Determination, Council at its meeting held on 24 November 2020 resolved the following:

1. That Council approve the N2IP Communication Strategy; and

2. That Council place on public exhibition the Northern NSW Inland Port Planning Proposal for an extended period from 7 December 2020 to 25 January 2021 to cover the Christmas break and during the exhibition period call for and accept submissions from the public.

Current Situation

At the time of preparing this report, the public exhibition period resolved at the November 2020 Ordinary Council Meeting was still open, by the time this report is considered the exhibition period will have closed.

At the time of preparing this report a total of two (2) additional submissions had been received from members of the public also living on Yarrie Lake Road. Up to the time of preparing this report one on one as well as group meetings have been held, with feedback largely in favour of progressing the Planning Proposal. During the exhibition period Council met with a number of interested local business owners who were examining options to relocate their businesses to the precinct the subject of the Planning Proposal. These business owners have suggested to Council that the current proposed permissible uses are a potential barrier to their relocation to the precinct. From this feedback, Council has committed to review the currently proposed permissible uses.

During the submission period Council received a request from two (2) residents of Yarrie Lake Road requesting an extension to the exhibition period. Council resolved at it’s November 2020 Ordinary Council Meeting to place the Planning Proposal on public exhibition between 7 December 2020 and 25 January 2021; this period included consideration of the ‘blackout’ period as detailed in relevant DPIE guidelines.

Due to the above Council resolution any further decision on the exhibition period for the Planning Proposal should have Council endorsement.

This request received cites the following reasons for an extension to the exhibition period:

1. The very high level of community interest;

2. The limited level of consultation that has occurred with landowners on Yarrie Lake Road, near the proposed development to date;

3. The lack of specific plans provided for the development.

The level of community interest in the Planning Proposal is a subjective judgement. As has been advised and reported to Council previously the consultation on the subject Planning Proposal was commenced well in advance of any legislative requirement to do so and the consultation has been comprehensive and broad. Reference should be made to the comprehensive consultation undertaken and additional detail provided in the Consultation section of this report.

The requestees have met on at least three occasions face to face with Council. Council representatives at these meetings have included the Mayor, General Manager and executive and senior planning staff as well as the consultant assisting Council with the Planning Proposal.

As demonstrated by the detail contained in this report on the consultation undertaken; the statement that limited consultation has occurred with landowners on Yarrie Lake Road is fictitious.

Concerns expressed from residents regarding potential traffic and other associated issues on Yarrie Lake Road will be appropriately considered at the point of any proposed development. As stated above Council is currently not considering any development at the precinct, Council is considering a planning proposal that proposes changes to permissible uses in the precinct.

With the above explanation, there are therefore no “specific plans for the development” due to the fact that Council is not currently considering development at the precinct.

Financial Implications

Arrangements for the public exhibition and associated community consultation activities in accordance with the Communication Strategy have been funded from operational budgets.

Should the public exhibition period be re-opened, the associated costs are required to be incurred for a second time.

Statutory and Policy Implications

The Planning Proposal was required to be placed on public exhibition in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

This Planning Proposal may result in the amendment of the LEP. The Planning Proposal is an environmental planning instrument, a statutory legal document affecting land use within the Narrabri Shire Local Government Area.

Public exhibition of a planning proposal must be carried out in accordance with the Environmental Planning and Assessment Act and Regulation 2000 and any specific directions issued by DPIE in its Gateway Determination. In this instance the Gateway Determination requires that the Planning Proposal be exhibited for a minimum period of twenty-eight (28) days and comply with other notice provisions within the DPIE document “A guide to preparing local environmental plans”. Further information is provided in the Consultation section of this report.

It is relevant to note that the Act also requires that a planning proposal be publicly exhibited for an extended period in circumstances where the minimum twenty-eight (28) days would fall partially within the Christmas holiday period. Schedule 1 of the Act states as follows:

“Schedule 1 Community participation requirements

Part 1 Mandatory community participation requirements

Division 1 Minimum public exhibition periods for plans

16 Exclusion of Christmas/New Year period

The period between 20 December and 10 January (inclusive) is excluded from the calculation of a period of public exhibition.”

The effect of this provision was to require the public exhibition to commence on 7 December 2020 and end on 25 January 2021.

Consultation

The Planning Proposal was publicly exhibited for a period greater than twenty-eight (28) days from 7 December 2020 until 25 January 2021. At the time of preparing this report seven (7) submissions had been received and four (4) members of the public registered for and attended the Community Consultation session held in Council’s Chambers, and online, on Thursday 21 January 2021 at 2:00pm.

Council would be aware that the N2IP Planning Proposal has been well reported in the local media by way of Council’s media releases and that there exists a large awareness within the community of the proposal and its significance to the future of Narrabri Shire. Council is of course also cognisant of the fact that a number of individual property owners may/will be affected by the proposal by way of proximity to the future development.

Council has recognised this possibility and has therefore already undertaken a significant level of consultation with landowners situated adjoining and in close proximity to the subject land.

This “pre-consultation” has included the following:

Written Communication:

A summary of letters sent to forty-five (45) landowners located adjacent to the subject land is provided below. Each affected landholder was sent a total of six (6) letters.

Date	Subject	Communication
2 September 2020	Advice of revised planning proposal being reported to September Ordinary Council meeting.	Posted Letter
19 August 2020	Advice of revised planning proposal.	Posted Letter
3 June 2020	Advice that Council would not be considering the planning proposal at the June Ordinary Council meeting.	Posted Letter
4 March 2020	Notification to adjoining/ adjacent owners of the finalisation of planning studies. Included an estimated date of when the draft planning proposal would be available to review.	Posted Letter
February/March 2020	Notification to adjoining/ adjacent owners that Council had concluded the first round of owner consultation in relation to the rezoning of the N2IP land. Thanked owners for their time. Explained the next step is to prepare a draft planning proposal.	Posted Letter
16 January 2020	Letter to adjoining/ adjacent owners asking to arrange a meeting with landowner to discuss the rezoning of land adjacent to their property.	Posted Letter

Verbal Communication (Phone):

· Twenty-eight (28) telephone calls were made by Council’s Customer Service team to verify contact details and arrange meetings; and

· Twenty-seven (27) further conversations regarding the project took place up until the September Council meeting.

Face to Face Communication (meetings):

Council officers met with thirty-three (33) of the total forty-five (45) stakeholders contacted. Of the remaining twelve landowners, two (2) properties are in Council ownership and one landowner is deceased. This equates to 76.7% of landowners having some level of personal contact with Council and was wholly based on those stakeholders who wished to engage with Council after invitations were issued. It should be noted that some landowners did not respond or wish to engage further with Council.

External Consultation

The Gateway Determination states as follows:

“Public exhibition is required under section 3.34(2)(c) and schedule 1 clause 4 of the Act as follows:

(a) the planning proposal must be made publicly available for a minimum of 28 days;

and

(b) the planning proposal authority must comply with the notice requirements for public exhibition of planning proposals and the specifications for material that must be made publicly available along with planning proposals as identified in section 6.5.2 of A guide to preparing local environmental plans (Department of Planning and Environment, 2018).

The Gateway Determination also states:

“A public hearing is not required to be held into the matter by any person or body under section 3.34(2)(e) of the Act.”

As referred to above, the Department’s document, “A guide to preparing local environmental plans” includes the following advice in section 6.5.2:

“Public exhibition of the planning proposal is generally undertaken in the following manner:

· notification in a newspaper that circulates in the area affected by the planning proposal;

· notification on the website of the Planning Proposal Authority (PPA); and

· notification in writing to affected and adjoining landowners, unless the planning authority is of the opinion that the number of landowners makes it impractical to notify them.

The PPA can undertake additional consultation if this is deemed appropriate or necessary. This may include, but is not limited to broad consultation by letter, open days or public forum.

The written notice must:

· give a brief description of the objectives or intended outcomes of the planning proposal;

· indicate the land affected by the planning proposal;

· state where and when the planning proposal can be inspected;

· give the name and address of the PPA for the receipt of submissions;

· indicate the last date for submissions; and

· confirm whether delegation for making the LEP has been issued to the PPA.

During the exhibition period, the following material must be made available for inspection:

· the planning proposal in the form approved for community consultation by the Gateway determination;

· the Gateway determination; and

· any information or technical information relied upon by the planning proposal.

The community consultation is complete only when the PPA has considered any submissions made concerning the proposed LEP and the report of any public hearing into the proposed LEP.”

In response to the Gateway Determination directions including the advice from “A guide to preparing local environmental plans” a Communication Strategy was adopted at the November 2020 Ordinary Council Meeting.

The essential components of the Communication Strategy include:

· Compliance with the mandatory twenty-eight (28) day formal public exhibition period;

· Extension of the mandatory timeframe to cover the Christmas break, as specified in the Act;

· Letters to all affected landowners consistent with those individually notified previously;

· Media releases and use of Council’s social media platforms and website;

· A pre-arranged timetable of opportunities for members of the public to book in for a small group briefing and question time with a Council officer; and

The ability for members of the public to make an appointment to meet individually with a Council officer.

Internal Consultation

The Planning Proposal has been prepared incorporating input and advice from relevant sections across Council.