Agenda of Ordinary Council Meeting

Ordinary Council Meeting Agenda 23 March 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

Ordinary Council Meeting Minutes 23 March 2021

MINUTES OF narrabri SHIRE council
Ordinary Council Meeting
HELD AT THE Narrabri Shire Council Chambers, 46-48 Maitland Street, Narrabri
ON Tuesday, 23 February 2021 AT 1.02pm

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

IN ATTENDANCE: Stewart Todd (General Manager), Lindsay Mason (Director Corporate and Community Services), Shane Burns (Director Infrastructure Delivery) and Delece Hartnett (Minute Clerk).

Proceedings of the meeting commenced at 1.02pm.

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

Members and officers were upstanding for the opening prayer by Rev Paul Cosier of Narrabri Uniting 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 the Council paid its respects to Elders past and present.

3 Apologies/Granting of Leave of Absences

Nil, Council noted Clr McMahon’s advice that she would be late to the meeting.

4 Declaration of Pecuniary and Non- Pecuniary Interests

Nil.

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

Minute 013/2021

Moved: Cr Robert Kneale Seconded: Cr Ron Campey

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

· 13.1 Provision Of New Doctors Residence in Boggabri

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

Against: Nil

carried 7/0

6 Presentations

Nil.

7 Confirmation of Minutes

Minute 014/2021

Moved: Cr Robert Kneale Seconded: Cr Cameron Staines

1. That the minutes of Ordinary Meeting of the Narrabri Shire Council held on 15 December 2020 comprising Minute Nos 205/2020 to 230/2020 as circularised be confirmed and signed as a correct record by the Mayor.

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

Against: Nil

carried 7/0

Minute 015/2021

Moved: Cr Robert Kneale Seconded: Cr Cameron Staines

1. That the minutes of Extraordinary Council Meeting of the Narrabri Shire Council held on 27 January 2021 comprising Minute Nos 001/2021 to 012/2021 as circularised be confirmed and signed as a correct record by the Mayor.

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

Against: Nil

carried 7/0

8 Mayoral Minute

8.1 Mayoral Minute - Use of powers under s226(d) of the Local Government Act for Lighting Infrastructure

Minute 016/2021

Moved: Mayor Ron Campbell

1. That Council note the Mayor’s use of the powers under section 226 (d) of the Local Government Act; enabling the procurement of lighting infrastructure to enable the Festival of Rugby to take place.

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

Against: Nil

carried 7/0

8.2 Mayoral Minute - Mayoral Appointments for December 2020/January-February 2021

Minute 017/2021

Moved: Mayor Ron Campbell

1. That Council note the Mayoral Appointments for the period December 2020/January-February 2021.

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

Against: Nil

carried 7/0

9 Our Society

9.1 Grant Activity Report - 01 July 2020 to 31 December 2020

Minute 018/2021

Moved: Cr Cameron Staines Seconded: Cr Ron Campey

1. That Council note the grant activity report for the period 1 July 2020 to 31 December 2020.

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

Against: Nil

carried 7/0

Minute 019/2021

Moved: Cr Cameron Staines Seconded: Cr Ron Campey

1. That Council bring forward for discussion, Agenda Item 12.1 - Audit, Risk & Improvement Committee Annual Report, at the time of 1.20pm.

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

Against: Nil

carried 7/0

At 1.30pm, Cr Ron Campey left the meeting.

At 1.31pm, Cr Ron Campey returned to the meeting.

12.1 Audit, Risk & Improvement Committee Annual Report

Minute 020/2021

Moved: Cr Cameron Staines Seconded: Cr Maxine Booby

1. That Council note the Audit, Risk & Improvement Committee Annual Report presented by the Chair of the Audit, Risk & Improvement Committee.

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

Against: Nil

carried 7/0

9.2 Northern Inland Academy of Sport - Narrabri Shire Council Associate Partner Proposal 2021

Minute 021/2021

Moved: Cr Cameron Staines Seconded: Cr Robert Kneale

1. That Council agree to the proposal from Northern Inland Academy of Sport (NIAS) and funding the $2,000.00 from the 2020/21 Community Grants Fund.

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

Against: Nil

carried 7/0

10 Our Environment

10.1 Boggabri Flood Study

Minute 022/2021

Moved: Cr Maxine Booby Seconded: Cr Robert Kneale

1. That Council adopt the Boggabri Flood Study 2021, as attached to this report.

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

Against: Nil

carried 7/0

11 Our Economy

Nil.

12 Our Civic Leadership

12.2 Delegates Report - Narrabri Mine Community Consultative Committee Meeting - 16 December 2020

Minute 023/2021

Moved: Cr Catherine Redding Seconded: Cr Lloyd Finlay

1. That Council note Cr Redding’s Delegates Report from the Narrabri Mine Community Consultative Committee Meeting held on Wednesday 16 December 2020.

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

Against: Nil

carried 7/0

12.3 Delegates Report - Narrabri Gas Project Community Consultative Committee - 8 December 2020

Minute 024/2021

Moved: Cr Robert Kneale Seconded: Cr Ron Campey

1. That Council note Cr Kneale’s Delegates Report from the Narrabri Gas Project Community Consultative Committee Meeting held on Tuesday 8 December 2020.

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

Against: Nil

carried 7/0

12.4 Delegates Report - Medical Professionals Housing Committee Meeting, Wee Waa - January 2021

Minute 025/2021

Moved: Cr Maxine Booby Seconded: Cr Ron Campey

1. That Council note Cr Booby’s Delegates Report from the Medical Professionals Housing Committee Meeting held on 28 January 2021.

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

Against: Nil

carried 7/0

At 1:49 pm, Cr Catherine Redding left the meeting.

12.5 Investment Report - December 2020

Minute 026/2021

Moved: Cr Robert Kneale Seconded: Cr Ron Campey

1. That Council note the Investment Report for December 2020.

In Favour: Crs Ron Campbell, Cameron Staines, Maxine Booby, Ron Campey, Lloyd Finlay and Robert Kneale

Against: Nil

carried 6/0

12.6 Investment Report - January 2021

Minute 027/2021

Moved: Cr Ron Campey Seconded: Cr Maxine Booby

1. That Council note the Investment Report for January 2021.

In Favour: Crs Ron Campbell, Cameron Staines, Maxine Booby, Ron Campey, Lloyd Finlay and Robert Kneale

Against: Nil

carried 6/0

At 1:52 pm, Cr Catherine Redding returned to the meeting.

12.7 Acceptance of Tenders Under Delegation - December 2020

Minute 028/2021

Moved: Cr Ron Campey Seconded: Cr Robert Kneale

1. That Council note the determination of tenders under delegation for the period to December 2020.

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

Against: Nil

carried 7/0

12.8 2021 National General Assembly of Local Government - Canberra 20-23 June 2021

Minute 029/2021

Moved: Cr Cameron Staines Seconded: Cr Ron Campey

1. That Council approve both the Mayor and the Deputy Mayor to attend the National General Assembly in Canberra on 20 – 23 June 2021.

2. That Council consider putting any motion(s) to the National General Assembly in accordance with the Discussion Paper Criteria (which close on 26 March 2021).

3. That Council authorise the Mayor to lodge motion(s) to the National General Assembly in accordance with the Discussion Paper Criteria.

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

Against: Nil

carried 7/0

12.9 Minutes of the Audit, Risk and Improvement Committee

Minute 030/2021

Moved: Cr Cameron Staines Seconded: Cr Maxine Booby

1. That Council note the Minutes of the Audit, Risk and Improvement Committee meeting held on 16 December 2020.

2. That Council accept the resignation from Mr Conrad Bolton and formally thank him for his service to Council as a member of the Audit, Risk and Improvement Committee.

3. That Council not fill the vacancy on the Audit, Risk and Improvement Committee, due to the current membership satisfying its Terms of Reference.

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

Against: Nil

carried 7/0

12.10 Narra-BRIGHT Event - Request for Suspension of Alcohol Free Zone

Minute 031/2021

Moved: Cr Lloyd Finlay Seconded: Cr Catherine Redding

1. That Council suspend the Alcohol Free Zone along Maitland Street, Narrabri (between Lloyd Street and Bowen Street) from 5:00PM Friday 19 March 2021 to 12:00AM Sunday 21 March 2021, for the purposes of encouraging businesses to offer outdoor dining during the Narra-BRIGHT CBD Activation event.

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

Against: Nil

carried 7/0

12.11 Right of Carriage Way - Lot 3 DP1154624

Minute 032/2021

Moved: Cr Maxine Booby Seconded: Cr Cameron Staines

1. That Council grant an easement for Right of Carriage Way 3.5 metre burdening Lot 3 DP1154624 and benefitting Lot 4 DP1154624.

2. That Council authorise the General Manager to sign all necessary documents to give effect to the transaction.

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

Against: Nil

carried 7/0

12.12 Code of Meeting Practice - Recognition and Acknowledgement of Service Men and Women

Minute 033/2021

Moved: Cr Ron Campey Seconded: Cr Cameron Staines

1. That Council adopt the Code of Meeting Practice to include the recognition of Australian service men and women.

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

Against: Nil

carried 7/0

12.13 Quarterly Budget Review Statement - December 2020

Minute 034/2021

Moved: Cr Ron Campey Seconded: Cr Lloyd Finlay

1. That Council adopt the Quarterly Budget Review Statement for the period ended 31 December 2020 as the revised Budget estimates for the year ended 30 June 2021 and the Operational Plan and Capital Works Plan be amended accordingly.

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

Against: Nil

carried 7/0

12.14 Operational and Service Plan Quarterly Report - December 2020

Minute 035/2021

Moved: Cr Cameron Staines Seconded: Cr Lloyd Finlay

1. That Council adopt the December 2020 Quarterly Operational and Service Plan Report, as attached, detailing Council’s progress in meeting its actions, capital works and key performance measures.

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

Against: Nil

carried 7/0

12.15 Delivery Program 6 Monthly Progress Report - December 2020

Minute 036/2021

Moved: Cr Lloyd Finlay Seconded: Cr Ron Campey

1. 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 December 2020 period.

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

Against: Nil

carried 7/0

13 Confidential (Closed Council) Meeting

Minute 037/2021

Moved: Cr Lloyd Finlay Seconded: Cr Ron Campey

That at 2.23pm 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 Provision Of New Doctors Residence in Boggabri

This matter is considered to be confidential under Section 10A(2) - (f) 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 details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property.

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

Against: Nil

carried 7/0

13.1 Provision Of New Doctors Residence in Boggabri

Minute 038/2021

Moved: Cr Lloyd Finlay Seconded: Cr Maxine Booby

1. That Council provide a suitable prefabricated home on vacant Council land at 37 Dalton Street Boggabri, at an estimated cost of $274,800.

2. That the provision of the home be funded from the Maules Creek Coal Voluntary Planning Agreement (VPA) for Boggabri Community projects.

3. That Council upon the successful completion of the new residence, place 29 Laidlaw St, Boggabri for sale with an authorised real estate agent in its current condition; any profits from sale are to be placed into a reserve for Community Projects within Boggabri.

4. That rental income received from 37 Dalton Street, Boggabri be placed into a reserve (restricted) for maintenance and upkeep of the 37 Dalton Street Boggabri.

5. That Council approve the use of the Council Seal for all relevant documents to enact this resolution.

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

Against: Nil

carried 7/0

Cr McMahon arrived at the meeting at 2.43pm.

Minute 039/2021

Moved: Cr Annie McMahon Seconded: Cr Cameron Staines

That at 2.45pm Council move out of Closed (Public Excluded) Meeting and that the resolutions from the Closed (Public Excluded) Meeting be read out to those present by the Chair of the Meeting or their nominee.

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

Against: Nil

carried 8/0

14 Meeting Closed

The Meeting closed at 2.46pm.

The minutes of this meeting are scheduled to be confirmed at the Ordinary Council Meeting to be held on 23 March 2021.

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

CHAIRPERSON

10.1 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 ⇩

2. Summary of Public Submissions Received ⇩

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

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

The primary focus of this Precinct is on creating a wonderful community asset to be utilised by the local community for entertainment and outdoor passive recreation as well as a “must stop destination” for tourists travelling through Narrabri Shire with access to the Narrabri CBD area.

Council has developed a draft masterplan outlining numerous elements to the Narrabri Sport and Tourism Precinct. Draft masterplan public exhibition period ended on 1 March 2021; Council received five (5) submissions.

Council is now requested to review submissions and adopt the masterplan.

Adoption of the draft masterplan provides formal Council commitment to the project – thus making available a greater range of financial assistance from both the Federal and State Government grant funding bodies. As has been reported to Council previously this project is an identified project for funding under the Santos Narrabri Gas Project VPA.

Recommendation

1. That Council adopt the Narrabri Sport and Tourism Precinct Masterplan, as attached to this report.

Background

During 2019, Council started developing a masterplan for a destination stop in Narrabri, 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.

From this scope, a masterplan for the Narrabri Sport and Tourism Precinct has been developed for the site located behind the Crossing Theatre.

Council placed the Precinct masterplan on public exhibition during the month of February 2021.

Current Situation

Council has developed a draft masterplan outlining numerous elements to the Narrabri Sport and Tourism Precinct (Precinct).

The public exhibition period for the draft masterplan ended on 1 March 2021; Council is now requested to review submissions and adopt the masterplan.

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

Financial Implications

A basic costing for the masterplan has been developed, including all the deliverable elements. These forecasts will be kept internal (confidential) due to the future tendering requirements of the project.

The draft masterplan contains numerous recreational and entertainment elements; which strategically can be implemented in a staged approach.

Council will have the flexibility to seek funding for the entire project or seek and apply for multiple grants under a staged development approach.

The masterplan is an identified project within the 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).

With the implementation of the Narrabri Sports and Tourism Precinct masterplan will come the decommissioning and closing of the playground within Collins Park, Narrabri. Council is required to be mindful of its Sport, Recreation and Open Space Plan 2017-2032, service level provisions to parks and open spaces across the Shire and the close proximity of the existing playground and the proposed playground within the Precinct masterplan. The decommissioning also removes the safety concern with the location of the Collins Park playground and the Collins Park cricket pitch(es).

Consultation

Public exhibition of this plan for submissions was held for the period 1 February 2021 to 1 March 2021.

During the period Council received five (5) submissions. Issues raised in the submissions were:

· Disability Access:

o All ages and mobilities.

o Access to playground areas and other elements.

· Placement and type of Play Equipment:

o The placement of age-related play equipment together.

o Senior play area is too young.

o Consideration of shared not separate playing areas.

o Install lots of benches around play area.

· Roadways within Precinct area:

o Removal of road behind ovals.

o Concern over gating of road behind ovals.

· Overflow carpark will inhibit truck parking.

· Cultural considerations:

o A Yarning Circle.

o Kamilaroi Language hopscotch.

o In-language welcome signs.

o Local totem sculptures with accompanying plaques.

· Suggested inclusion of viewing platform on creek.

A full list of the matters raised in each submission is attached to this report, with an accompanying management comment.

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 and again held on 2 March 2021 during the Councillors debriefing session

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.

Ordinary Council Meeting Agenda 23 March 2021

11.1 N2IP Planning Proposal

Responsible Officer: Andrew Brown, Executive Manager Corporate Planning & Workforce

Author: Cara Stoltenberg, Strategic & Major Projects Planner

Attachments: 1. N2IP Planning Proposal ⇩

2. Summary of Public Submissions Received ⇩

3. N2IP Planning Proposal DPI Comments ⇩

4. N2IP Planning Proposal BCS Directorate Comments ⇩

5. N2IP Planning Proposal Essential Energy Comments ⇩

Delivery Program Alignment

3 Economy
Objective	3.2 We will become a logistics hub for the northern inland region
Strategy	3.2.2 Develop at least one flood free intermodal site that has access to quality infrastructure and the proposed inland rail network

Executive Summary

The planning proposal to amend the provisions of the Narrabri Local Environmental Plan 2012 to facilitate the Northern New South Wales Inland Port (N2IP) precinct was reported to Council for consideration at its meeting held on 22 September 2020; where it was resolved to proceed to request a Gateway determination from the NSW Department of Planning Industry and Environment (DPIE).

Council then resolved at its meeting held on 24 November 2020 that the Planning Proposal be placed on public exhibition for a period of twenty-eight (28) days, excluding between 20 December 2020 and 10 January 2021 (inclusive), in accordance with the Environmental Planning and Assessment Regulation 2000 and that Council invite submissions from the community during this period. At an Extra-Ordinary Council Meeting held on 27 January 2021, Council extended the exhibition period for the N2IP Planning Proposal for an additional fourteen (14) days. The period and extension of public exhibition has now closed.

Through the exhibition periods, a total of fourteen (14) submissions were received. Eleven (11) submissions were received during the first period and a further three (3) submissions were received during the extended/additional period. Issues raised in submissions are discussed in this report.

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

In further support of the comprehensive and broad consultation undertaken, in accordance with current NSW Legislation, public exhibition of planning proposals is not required until after a Gateway Determination has been issued. Council begun consultation well in advance of a Gateway determination being issued.

Council in the review and assessment of submissions received needs to assess them in reference to the matter at hand; that being the Planning Proposal to amend the LEP. The Planning Proposal does not include any future development of the land, and as such, the likelihood of what may or may not be developed on the site in the future, cannot be determined nor assessed at this time.

Council is aware that the Planning Proposal has been well reported in the local media by way of Council initiated media releases and that there exists a large awareness within the community of the proposal and its significance to the future of Narrabri Shire.

Recommendation

1. That Council determine to make the Plan in accordance with Section 3.36(2)(a) of the Environmental Planning and Assessment Act 1979; using the local plan-making authority powers provided to it.

2. That Council endorse the Preliminary Site Investigation for the Narrabri Logistics and Industrial Hub Precinct completed by JBS&G dated 22 November 2019; and recognise and commit that they are the responsible landowner and that further contamination work is required at the Development Application stage.

3. That Council request an alteration to the Gateway Determination to remove condition 1c) (pertaining to the requirement to produce a contamination report) for the Planning Proposal.

Background

Local Environment Plans (LEPs) start with a Planning Proposal for a purpose. Such a proposal is then assessed by the DPIE through what is called the ‘Gateway’ process. There are currently five (5) steps in this process:

1. The Planning Proposal – the planning proposal authority prepares the planning proposal.

2. Gateway – the Minister (or delegate) decides whether the planning proposal can proceed (with or without variation) and subject to other matters including further studies being undertaken, public consultation, public hearings, agency consultation and time frames.

3. Community Consultation – the proposal is publicly exhibited as required by the Minister.

4. Assessment – the planning proposal authority reviews public submissions. Parliamentary Counsel then prepares a draft local environmental plan.

5. The Making of the LEP – with the Minister’s (or delegate’s) approval the local environmental plan is published on the NSW legislation website and becomes law.

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 N2IP precinct. The Planning Proposal proposes to:

· Rezone the subject 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.

As part of Council’s initial investigation of the subject site, environmental consultants JBS&G were engaged to complete a Preliminary Site Investigation (PSI) of the subject site. This PSI was placed on public exhibition with the Planning Proposal and other required auxiliary documentation.

The DPIE 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.

The above-mentioned public exhibition period included consideration of the ‘blackout’ period as detailed in relevant DPIE guidelines. However, during the submission period Council received a request from two (2) residents of Yarrie Lake Road requesting an extension to the exhibition period. The request received 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; and

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

Due to the November Ordinary Council Meeting resolution any further decision on the exhibition period for the Planning Proposal required Council endorsement. Therefore, an Extra-Ordinary Council Meeting was held on 27 January 2021. Council then resolved the following:

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

2. That Council extend the exhibition period for the Northern NSW Inland Port Planning Proposal for a period of fourteen (14) days, to assist in the review of the submissions and feedback received, with the review being the subject of a further report to Council.

Current Situation

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 Planning Proposal was publicly exhibited for a period greater than twenty-eight (28) days from 7 December 2020 until 25 January 2021. During this time a total of eleven (11) separate submissions were received. All the submissions received were from long term residents of Yarrie Lake Road. The objections raised in these submissions can be summarised as follows:

· Concerns over safety of school children and school bus stops along Yarrie Lake Road;

· Concerns over increased traffic along Yarrie Lake Road and the safety of all road users;

· Questions raised regarding the feasibility of Yarrie Lake Road for any entry or exit to the site, when Culgoora Road has just been updated and is a better choice;

· Opposing any entry/exit off Yarrie Lake Road for the proposed N2IP development;

· Potential decline in property values of their surrounding residential properties;

· Potential negative effects on the existing amenity of the area, in terms of the potential for increased noise and dust from future development;

· Recommendations regarding traffic to the site be separated from the existing Yarrie Lake residential area;

· Recommends new rail crossing on Culgoora Road;

· Recommends upgrade to the Culgoora Road/Yarrie Lake Road intersection; and

· Dispute Council’s previous reference to the amount of time, and which surrounding residents, have been consulted on the planning proposal.

An additional two (2) weeks was then given until 14 February 2021 for receipt of submissions.

A total of three (3) submissions were received during the extended timeframe.

· One (1) of these submissions was written by a resident of Yarrie Lake Road who had not previously lodged a submission.

· One (1) was written by a person external to the Narrabri Shire, and

· One (1) was a group submission signed by twenty-one (21) residents of Yarrie Lake Road (sixteen (16) of whom had originally provided a submission and eight (8) that hadn’t). The objections raised in these submissions can be summarised as follows:

· Increased dust and noise when building the N2IP;

· Increased noise levels from the industries that will be built on site;

· No overriding vision or intent for the combined site described in the Planning Proposal;

· Recommend Council master plan a ‘Port Precinct’ that includes the surrounding lands so that the estate co-exists harmoniously with its surrounds and that each additional business builds on a sustainable solution;

· Consideration has not been given to any services that potential workers may need at the site;

· Detrimental effects on existing neighbourhood if project goes ahead such as; safety, traffic increases, amenity of neighbourhood, and decreased land values;

· Recommends traffic to the site be separated from the Yarrie Lake residential area;

· Recommends new rail crossing on Culgoora Road;

· Recommends upgrade to the Culgoora Road/Yarrie Lake Road intersection; and

· Dispute Council’s previous reference to the amount of time, and which surrounding residents, have been consulted on the Planning Proposal.

A full list of the matters raised in each submission is attached to this report.

It is imperative in the assessment of submissions received that Council assess same in reference to the matter at hand; that being the Planning Proposal to amend the LEP. 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 Planning Proposal does not include any future development of the land, and as such, the likelihood of what may or may not be developed on the site in the future, cannot be determined nor assessed at this time.

There are currently nine different planning approval pathways in NSW. The size and scale of development determine which of the assessment pathways is appropriate. It is not currently known what size and/or type of development may wish to locate at the subject site, therefore a specific planning pathway cannot be decided upon, nor can the requirements that may apply to such process.

Using the “Development with Consent” pathway as an example; if the size and type of a proposed development fulfilled the requirements for “Development with Consent” (requiring consent), a Development Application would be required to be lodged with Council. As part of the assessment of all Development Applications in NSW, the following legislative requirements would be applicable and therefore necessary to consider:

Environmental Planning and Assessment Act 1979

4.15 Evaluation

(cf previous s 79C)

(1) Matters for consideration—general In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application—

(a) the provisions of—

(i) any environmental planning instrument, and

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Planning Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii) any development control plan, and

(iiia) any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4, and

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph),

(v) (Repealed)

that apply to the land to which the development application relates,

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c) the suitability of the site for the development,

(d) any submissions made in accordance with this Act or the regulations,

(e) the public interest.

Concerns expressed from residents regarding potential traffic and other associated issues on Yarrie Lake Road will be appropriately considered during the assessment of any proposed Development Application. As stated above, Council is currently not considering any development at the subject site. Council is considering a Planning Proposal that proposes to change the zoning and minimum lot size of the land only.

Any development that may be proposed for the subject site in the future will be required to be assessed through the relevant development assessment pathway as required by NSW legislation. The development assessment process, when and if commenced, will require consideration of issues, including but not limited to the following:

· Permissibility;

· Traffic and access;

· Flood Hazard and impact;

· Social and economic impact;

· Section 4.15 of the Environmental Planning & Assessment Act 1979;

· Consistent with the objectives of the relevant zone/s;

· The development is a suitable use of the land;

· The development complies with the relevant planning instruments;

· The development will not result in an overall adverse effect upon the extent and adequacy of facilities available to the local community;

· Impacts on the surrounding area, environment and adjoining development;

· The public interest; and

· Submissions made.

In addition to the public exhibition of the Planning Proposal, one on one, as well as group meetings, have been held with surrounding residents, prior to and during, the public exhibition process, with feedback largely in favour of progressing the Planning Proposal. During the exhibition period Council met with several interested local business owners who were examining options to relocate their businesses to the site the subject of the Planning Proposal. Some surrounding residents have met with Council on at least three (3) occasions face to face. Council representatives at these meetings have included the Mayor, General Manager, executive staff and senior planning staff as well as the consultant assisting Council with the Planning Proposal. During the public exhibition period an invitation was extended by Council using their social media channels, their website and the local newspaper to the general public to register for a Community Consultation Session on the Planning Proposal. Only three (3) members of the public registering for the Community Consultation Session held in Council’s Chambers, and online, on Thursday 21 January 2021 at 2:00pm, and one (1) additional local resident turning up on the day. Those local residents in attendance were generally supportive of the Planning Proposal and future development of the N2IP. However, one (1) attendee did express concerns about the potential noise and traffic impacts on existing nearby residents as they currently lived near the subject site. One (1) attendee, being a local business owner advised that they may consider moving their business to the N2IP site if it facilitated them in the future. Currently the Planning Proposal proposes modification to the Narrabri LEP 2012 to include the insertion of a Special Activities zone as follows;

“……2 Permitted without consent

Environmental protection works

3 Permitted with consent

Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4 Prohibited

Any development not specified in item 2 or 3”

The purposes shown on the Land Zoning Map are as follows;

· Freight Transport Facility;

· Heavy Industrial Storage Establishment;

· Heavy Industry;

· High Tech Industry;

· Rural Industry;

· Transport Depot; and

· Truck Depot.

It is considered that the inclusion of the following as being permitted with consent; “any development that is ordinarily incidental or ancillary to development for that purpose” would create the opportunity for the consideration of proposed developments subservient to the other industries that may locate at the site for the provision of a necessary item.

The Gateway Determination required Council to consult with ten (10) public authorities/organisation under section 3.34(2)(d) of the Environmental Planning and Assessment Act 1979. Each public authority was provided with a copy of the Planning Proposal and all supporting material and given twenty-one (21) days to comment. All agencies were written to a further time to advise they had been given until 14 February 2021 to provide their comments. Three (3) responses were received, being from the following agencies:

· Essential Energy;

· Department of Primary Industry; and

· Department of Biodiversity, Conservation and Science.

All agencies were in support of the Planning Proposal and their comments are attached to this report.

DPIE and Council staff have discussed condition 1c) of the Gateway Determination regarding the requirement to produce a further contamination report. Council advised that the PSI completed by JBS&G for the subject site had been placed on public exhibition with the Planning Proposal.

It is noted that site contamination has not been raised as a concern during the public exhibition period. The PSI concludes the following;

· Whilst the investigation identified soil impacts and the potential for soil vapour, ground gas and groundwater impacts to be present in some areas at the site, the investigation did not identify the potential for gross or widespread contamination which may preclude rezoning and development for the proposed industrial use of the site. Identified impacts are considered representative of common contaminants and potentially contaminating land use activities which can be readily addressed during the DA stage (i.e. including completion of detailed site investigations consistent with relevant Council DCPs and SEPP 55 requirements) for redevelopment and assessment for site suitability; and

· In the absence of gross or widespread contamination, the requirements of the DUAP/EPA (1998) Managing Land Contamination: Planning Guidelines for this type of rezoning are considered to have been satisfied, namely that the rezoning can proceed, “provided that measures are in place to the ensure that the potential for contamination and the suitability of the land for any proposed use are assessed once detailed proposals are made” (s.4.1.2 DUAP 1998).

The investigation also further concluded the following:

· It is recommended that a detailed site investigation be undertaken upon submission of the DA for redevelopment of any land within the site.

· It is also recommended that Hazardous Building Material Surveys (HBMS) be undertaken on existing site structures prior to any demolition and redevelopment works on individual land parcels.

The conclusion of the investigation states that the subject site is suitable for rezoning purposes and that further assessments are required at the development stage. The submitted investigation is also considered to satisfy the requirements of the Planning Guidelines SEPP 55–Remediation of Land (SEPP), as the SEPP requires consideration of a report on a preliminary investigation where a rezoning allows a change of use that may increase the risk to health or the environment from contamination.

Council should endorse the PSI and, as the landowner, recognise and commit that further contamination work may be required at the development application stage.

Financial Implications

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

As the public exhibition period was re-opened, the associated costs were 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

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.

It is to be noted that in accordance with current NSW Legislation, public exhibition of Planning Proposals is not required until after a Gateway Determination has been issued.

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 eight (8) letters.

Date	Subject	Communication
28 January 2021	Advice of public exhibition of revised Planning Proposal being extended for a further two (2) weeks until 14 February 2021.	Posted letter sent by registered mail.
1 December 2020	Advice of revised Planning Proposal being publicly exhibited for an extended period from 7 December 2020 to 25 January 2021 to cover the Christmas break.	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 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.

A further face to face meeting was initiated by residents of Yarrie Lake Road and was held in Council’s Chambers on 16 December 2020 with the General Manager, the Mayor, Council Planning staff and Consultant in attendance. A Community Consultation Session was also offered to the general public encouraging people throughout the whole Shire to register to attend. The session was held in Council’s Chambers on 21 January 2021 with only four (4) people in attendance as well as Council Planning Staff and Consultant.

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.

Ordinary Council Meeting Agenda 23 March 2021

12.1 Temporary Events Planning Proposal

Responsible Officer: Andrew Brown, Executive Manager Corporate Planning & Workforce

Author: Cara Stoltenberg, Strategic & Major Projects Planner

Attachments: 1. PP1-2021 ⇩

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

The objectives and intended outcomes of this Planning Proposal (PP) are:

1. To enable certain Temporary Events and development associated with Temporary Events on land zoned RE1 Public Recreation and/or any public roads to be undertaken as exempt development; and

2. To remove duplication of the approvals process under the Local Government Act 1993, the Roads Act 1993 and the Environmental Planning and Assessment Act 1979 as it relates to temporary events and development associated with Temporary Events by not requiring development approval to be granted under the Environmental Planning and Assessment Act 1979.

To achieve this intent, a PP is required to be submitted to the Department of Planning Industry and Environment (DPIE) to seek a Gateway Determination. This PP will amend the Narrabri Local Environmental Planning 2012 (“LEP”).

Recommendation

1. That Council endorse the Planning Proposal to amend the provisions of the Narrabri Local Environmental Plan 2012 to enable Temporary Events and development associated with Temporary Events on land zoned RE1 Public Recreation and/or any public roads within the Shire to be undertaken as exempt development 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.

Background

The preparation of a PP is the first step in the DPIE Gateway Process, the process for making or amending local environmental plans.

The attached PP recommends an amendment to the LEP to enable Temporary Events and development associated with Temporary Events on land zoned RE1 Public Recreation and/or any public roads within the Shire to be undertaken as exempt development. The planning proposal also removes duplication of the approvals process under the Local Government Act 1993, the Roads Act 1993 and the Environmental Planning and Assessment Act 1979.

The existing approval pathway for anyone wanting to hold an event on land within the Shire such as community fundraising events, bake sales, and the like, involves multiple applications and fees including the lodgment of a development application, as well as a local approval, and in some instances a section 138 Roads Act approval. It is considered that numerous different applications are unnecessary and an amendment to the LEP is the only method to reduce the requirement for multiple applications and the most effective means of permitting Temporary Events within public reserves and roads without multiple approvals.

The requirement for approval to be obtained under the Local Government Act 1993 and the Roads Act 1993 will remain.

The PP is attached for Council’s consideration.

If Council adopts the attached PP, then it would be sent to the DPIE who would indicate if it considers the PP suitable for exhibition. The DPIE may also place conditions on any approval for exhibition, stipulate the timeframe and terms of that exhibition and require consultation with any public authorities that it deems necessary.

The estimated time frame for the LEP amendment process is outlined in the PP attached to this report.

Current Situation

The PP attached to this report is an amendment to an earlier PP (“the original PP”) that proposed to amend the provisions of the LEP to enable Temporary Events and development associated Temporary Events on land zoned RE1 Public Recreation and/or any public roads within the Shire to be undertaken without Development Consent. Council at its October 2018 ordinary Council Meeting resolved the following;

· That Council:

1. Endorse the Planning Proposal to amend the provisions of the Narrabri Local Environmental Plan 2012 to enable Temporary Events and development associated Temporary Events on land zoned RE1 Public Recreation and/or any public roads within the Shire to be undertaken without Development Consent and forward the Planning Proposal to the Department of Planning and Environment with a request for a Gateway Determination.

2. Notify the Department of Planning and Environment of its intention to use the plan making power delegated to Council by the Department to make the proposed amendment to Narrabri Local Environmental Plan 2012.

3. Delegate to the General Manager any necessary amendments required to the Planning Proposal as a result of considerations by the Department of Planning and Environment or as a result of the Gateway Determination.

A Gateway Determination was requested for the original PP on 7 November 2018 and a Gateway Determination was received by Council on 4 December 2018. The original PP was placed on public exhibition between 13 December 2018 and 18 January 2019. During this time no submissions were received. Council requested comments from Roads and Maritime, now called Transport for NSW (TfNSW), and the NSW Rural Fire Service (RFS) on 6 December 2018. RFS advised on 24 January 2019 that they had no comments. TfNSW advised the following on 10 January 2019:

“Roads and Maritime, at this time, withholds making comment and requests an opportunity to discuss the proposed amendments with Council. Specifically, Roads and Maritime seeks further information to understand the implications of allowing traffic generating land uses in the RU1 zone without compromising road safety and traffic efficiency on high speed rural classified roads”.

While the above comment was in reference to another PP Council had requested comments for at the same time which sought to amend the permitted uses in the RU1 Primary Production Zone, it was also given as a response to the original PP. On-going communication and correspondence between Council and TfNSW since that time concluded with TfNSW advising Council they would support a clause similar to that used by Ryde Council, and if the following “Note 2” was included;

· Note 2—Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.

The PP proposes to amend the following components of the LEP in relation to Temporary Events:

· Insert Temporary Events and development associated Temporary Events on land zoned RE1 Public Recreation and/or any public roads within the Shire into Schedule 2 Exempt development.

It has been agreed with TfNSW that the new exempt development provision is proposed to read as follows;

1) Development for the purposes of temporary uses including community events (such as ceremonies, cultural celebrations, exhibitions, fetes, fairs, gatherings, markets or sporting events).

2) Must be on land zoned RE1 Public Recreation and/or any public roads within the Shire.

3) Maximum number of patrons on any one site —300.

4) Must not be conducted for more than 12 days (up to a maximum of 3 consecutive days) in any period of 12 months.

5) May only operate between 7.00 am and 9.00 pm.

6) Must provide sufficient toilet facilities and access to water for patrons and staff.

7) The noise level of any open air entertainment must not exceed the background noise level by more than 5dB(A) when measured at the nearest residential boundary.

8) Must provide adequate artificial lighting, if necessary, to permit safe movement of patrons.

9) Operator must have arrangements for the collection, by an authorised trade waste contractor, of waste and recyclable materials that are generated by the event or use.

10) Must not include permanent physical change to the fabric of the location where the use occurs.

11) Must maintain emergency vehicle access to and around the premises.

12) Must not restrict pedestrian access to public facilities unless alternative access is provided.

13) Must not prevent pedestrian access to existing footpaths unless alternative pedestrian pathways are provided (alternative pedestrian pathways are to have physical barriers erected between the pathway and any adjoining road).

14) Must not restrict any car parking required to be provided by a condition of a development consent or plan of management applying to the land or any vehicular or pedestrian access to or from the land.

15) Must not redirect the flow of any surface water or ground water, or cause sediment to be transported, onto an adjoining property.

16) Must be covered by a policy of insurance taken out by the person carrying out the development that adequately covers the public liability of the person in respect of the carrying out of the development for an amount approved by the owner of the land on which the development is carried out.

17) If it is the erection of a temporary structure—be erected on a surface that is sufficiently firm and level to sustain the structure while in use.

18) If it is the erection of a temporary structure—be able to resist loads determined in accordance with the following Australian and New Zealand Standards—

(i) AS/NZS 1170.0:2002, Structural design actions, Part 0: General principles,

(ii) AS/NZS 1170.1:2002, Structural design actions, Part 1: Permanent, imposed and other actions,

(iii) AS/NZS 1170.2:2011, Structural design actions, Part 2: Wind actions.

Note 1—State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.

Note 2—Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.

Note 3—This clause only permits one temporary event to occur at any given time.

Note 4—This clause is applicable to class 2, 3 and 4 events as defined by the Guide to Traffic and Transport Management for Special Events.

Note 1 and 2 are currently included in the LEP, TfNSW propose the inclusion of Note 3 and 4. However, the final drafting of the amendment will be at the discretion of the NSW Parliamentary Counsel.

Council have recently received advice from DPIE that outlines the following two (2) options to finalise the original PP:

1. Continue as is with the new clause whereby Parliamentary Counsel will draft the legal wording and determine whether it is possible to include notes to satisfy TfNSW. However, all events will still require an assessment under Part 5 of the EP & A Act, and TfNSW have not advised they are agreeable to this option; or

2. Amend the original PP to deal with the matter as ‘exempt’ development similar to that used by Ryde Council thereby resolving the Part 5 issue. This approach would however require Council to amend the PP and obtain a Gateway alteration from DPIE.

As the previous Council resolution referred specifically to “development without consent”, an amendment to the original PP is required to be reported to Council before requesting a new Gateway Determination.

The PP is attached for Council’s consideration.

If Council resolves to adopt the attached PP, the next step is to forward lodge the PP to DPIE via the NSW Planning Portal requesting a Gateway Determination. DPIE may then place conditions on any approval for exhibition, stipulate the timeframe and terms of that exhibition and require consultation with any public authorities that it deems necessary.

The estimated time frame for the LEP amendment process is outlined in the attached PP.

Financial Implications

Council’s adoption of the recommendation has no financial implications.

Statutory and Policy Implications

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

Consultation

The original PP was placed on public exhibition between 13 December 2018 and 18 January 2019. During this time no submissions were received.

The terms of any consultation required to complete this LEP amendment will be stipulated by the DPIE when it issues a new Gateway Determination in relation to the PP.

No formal public consultation has been carried out in relation to the amended PP.

External Consultation

· NSW Department of Planning, Industry and Environment.

· Transport for NSW.

· NSW Rural Fire Service.

Internal Consultation

· Design Services Manager.

· Community Facilities Manager.

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

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

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

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

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