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JUNEE SHIRE COUNCIL CONFIRMATION OF MINUTES ORDINARY MEETING

JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

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Page 1: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

JUNEE SHIRE COUNCIL

CONFIRMATION OF MINUTES ORDINARY MEETING

Page 2: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 1 of 31

The meeting opened at 4.30pm.

PRESENT

Councillors N Smith, R Asmus, M Austin, R Callow, D Carter, M Cook, P Halliburton, M Holmes and

K Walker

STAFF

General Manager, Director Community and Business, Director Engineering Services, Director

Finance and Administration and Executive Assistant

ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S

AUDITOR

Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

explanation of Council’s 2015/2016 audit report.

CONFIRMATION OF MINUTES – ORDINARY MEETING 15 NOVEMBER 2016

01.12.16 RESOLVED on the motion of Cr M Austin seconded Cr M Holmes that the minutes of the

Ordinary Meeting held on 15 November 2016, copies of which had been supplied to each

Councillor, be confirmed.

BUSINESS ARISING

Cr Carter raised the matter of the Grain Harvest Management Scheme requesting that the condition

reference relating to dry weather be removed from the Roads and Maritime Services’ Grain Harvest

Management Scheme website as he didn’t believe it was consistent with the September resolution.

Cr Carter had previously raised this matter at the 15 November meeting where it was recorded in

the minutes of that meeting inter alia:

Cr Carter raised the matter of the Grain Harvest Management Scheme. A memo from the Director

Engineering Services was distributed to Councillors on 18 November 2016 with further information

regarding the Scheme.

No response to that memo has been received.

As this matter appears to remain unresolved it is therefore intended that a report will be returned to

the next Council meeting to review the impacts of the 16/17 Grain Harvest Management Scheme.

Cr P Halliburton asked if the address for the Illabo Sporting Bodies had been changed by the utilities

companies. She was informed that there has been some success with this.

Page 3: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 2 of 31

DECLARATIONS OF INTEREST

Councillors were invited to disclose any Declarations of Interest related to the items of business in

the report.

Cr K Walker declared a minor non-pecuniary interest in Items 7 and 9 as she is an employee of the

Junee Correctional Centre.

Cr M Austin declared a minor non-pecuniary interest in Items 7 and 9 as he is an employee of the

Junee Correctional Centre.

Councillor M Austin declared a minor non-pecuniary interest in Item 13 based on his previous

association as a priest with the developing party.

Councillor M Austin declared a minor non-pecuniary interest in the Late Item as he is a member of

the Junee Junction Recreation & Aquatic Centre.

Councillor M Holmes declared a minor non-pecuniary interest in the Late Item as his wife is

participating in the trial of 24 hour access to the Junee Junction Recreation & Aquatic Centre.

MAYORAL MINUTE

Japan Local Government Centre – Delegation Visit - 14 & 15 November 2016

This report confirms a verbal briefing given to Councillors at the November 2016 meeting and

follows up on a previous Mayoral Minute to Council at the Ordinary meeting on October 2016.

At the invitation of Council, a delegation of three representatives from the Japan Local Government

Centre visited Junee on Monday, 14 and Tuesday, 15 November 2016. The delegates were:

Masahisa Yoshimi, Deputy Director

Motohiro Suzuki, Assistant Director

Toshiya Komatsu, Assistant Director

The purpose of the visit was to explore the opportunity of Junee Shire hosting a "CLAIR" Forum. It's

not clear what CLAIR stands for however attached to this report is a copy of a document provided

by the delegation which is a draft outline for the proposed forum. To summarise, Japan is

experiencing similar problems related to an ageing populace and difficulties attracting people to

regional and rural areas. A collaborative "workshop" style forum is proposed between

representatives from Japan and our region to discuss potential solutions. The Japan Local

Government Centre has links with the University of Technology in Sydney and will provide a

professional facilitator to manage the forum.

The General Manager and I accompanied the delegation on Monday afternoon and showed them

potential venue options ie. the Ex-Services Club and the Athenium Theatre. To give them the full

country flavour, we had considered using a country hall such as Junee Reefs or one of the other halls

in Junee Shire however given that people would be flying in, hiring cars and finding their way, plus the

Page 4: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 3 of 31

logistics of providing food, drink and possibly accommodation, the country hall option was not

pursued.

The delegation also met with staff and the Manager of the Junee Community Centre and discussed

matters related to the forum topics, seeking examples of solutions. Lawson House, Cooinda Court

and the location for the proposed Junee Lifestyle Village were also highlighted. In addition, a general

town tour was provided including the tourist highlights, town facilities and services and the town

residential expansion areas.

The day culminated in a dinner which was attended by Councillors Asmus, Halliburton, Holmes,

Austin & myself.

On Tuesday, the Deputy Director left the group departing via Junee Buses and Wagga Airport.

Whilst he waited in front of the Athenium Theatre with the morning sun highlighting the glorious

Broadway gardens, it was my great pleasure to provide him with a personal recitation of the Country

Town poem and also presented him with a copy of the poetry book and CD which contain the

poem.

In the company of Councillor Asmus and myself, the remaining two delegates were treated to a tour

of a typical Australian country farm. Councillor Carter very kindly gave up his morning to provide the

gentlemen with an insight into farming and grazing in Australia including a ride on the back of his ute

to inspect the stock and crops.

Since returning to Sydney, an email has been received formally asking if Junee Shire would host the

CLAIR Forum. Given the support of Councillors and a resolution confirming support after my verbal

briefing at the November meeting, I have responded in the affirmative indicating that Council is very

happy to assist with helping arrange a venue and catering and is very pleased to host the forum.

02.12.16 RESOLVED on the motion of Cr N Smith that the Mayoral Minute be adopted.

GENERAL MANAGER’S REPORT

The General Manager presented a report which dealt with Items 1 to 14, and the following action

was taken:

1[DFA] PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR

MAYORS AND COUNCILLORS POLICY

03.12.16 RESOLVED on the motion of Cr R Callow seconded Cr M Austin that the Council re-adopt

the Payment of Expenses and Provision of Facilities for Mayors and Councillors Policy as

advertised.

2[DFA] EMERGENCY SERVICES PROPERTY LEVY

04.12.16 RESOLVED on the motion of Cr R Callow seconded Cr M Holmes that Council receive and

note the report.

Page 5: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 4 of 31

3[DFA] ANNUAL REPORTING – CODE OF CONDUCT COMPLAINTS

05.12.16 RESOLVED on the motion of Cr P Halliburton seconded Cr K Walker that the Council note

the report referring to the Annual Reporting of Code of Conduct Complaints.

4[DFA] OFFICE OPERATIONS – CHRISTMAS NEW YEAR 2016/2017

06.12.16 RESOLVED on the motion of Cr M Austin seconded Cr R Callow that the Council note the

report referring to the Council office Christmas closure period.

5[DFA] RELATED PARTY DISCLOSURES AASB 124

07.12.16 RESOLVED on the motion of Cr P Halliburton seconded Cr R Callow that the Council

adopt the proposed Related Party Disclosures Policy.

6[FM] COUNCIL INVESTMENTS AND BANK BALANCES

08.12.16 RESOLVED on the motion of Cr P Halliburton seconded Cr R Asmus that:

1. The Monthly Investment Reports as at 30 November 2016 be received and noted.

2. The Certificate of the Responsible Accounting Officer be noted and the report adopted.

7[DES] PREFERRED OPTION FOR THE UPGRADE OF THE JUNEE

WASTEWATER TREATMENT PLANT

09.12.16 RESOLVED on the motion of Cr R Callow seconded Cr M Cook that Junee Shire Council

endorse Option 1 – Intermittent Decant Extended Aeration (IDEA) Reactor as the preferred

option for the upgrade of the Junee Wastewater Treatment Plant.

8[DES] LIQUID TRADE WASTE FEES AND CHARGES

10.12.16 RESOLVED on the motion of Cr P Halliburton seconded Cr M Austin that:

1. Table 6 of the Liquid Trade Waste Policy be amended to include trade waste usage

charges for Charging Category 2 and Charging Category 3 and include excess mass

charges for Category 2.

2. The fees and charges as listed in Schedule 1 be adopted and that they apply to all new

liquid waste dischargers including any currently under assessment from the date of

adoption.

3. The full fee and charges apply if an existing discharger materially changes the volume

or characteristics of their liquid trade waste, or there is a change in the use of the

premises.

Page 6: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 5 of 31

4. A report on the extent and scale of the impact of the introduction of liquid trade waste

fees and charges on existing businesses be prepared and put to the Council prior to the

preparation of the 2017/18 Operational Plan.

5. The adopted fees and charges be publicly advertised in accordance with the

requirements of the Local Government Act 1993.

9[DES] UPGRADE OF THE JUNEE WASTEWATER TREATMENT PLANT

11.12.16 RESOLVED on the motion of Cr R Callow seconded Cr M Cook that:

1. Junee Shire Council engage directly with NSW Public Works to undertake the

Preliminaries Stage of the Junee Wastewater Treatment Plant Upgrade.

2. An amount of $530,000 be budgeted to undertake the Preliminaries Stage of the Junee

Wastewater Treatment Plant Upgrade.

3. Junee Shire Council considered and review the output of the Preliminaries Stage of the

Junee Wastewater Treatment Plant Upgrade prior to committing to the procurement

stage of the Junee Wastewater Treatment Plant Upgrade.

10[DES] JUNEE GOLF CLUB PRIMITIVE CAMPING GROUND MANAGEMENT

PLAN

It was MOVED by Cr M Austin seconded Cr M Holmes that:

1. The officer’s report be received and noted.

2. The draft Junee Golf Club Primitive Camping Ground Management Plan be approved, subject

to the additions to section 1 and section 8 as detailed in the report.

3. In light of the proposed additional facilities, the Junee Golf Club lodge an application under the provisions of the Local Government Act section 68 Part F 2 for the Operate a caravan park

or camping ground.

An AMENDMENT was MOVED by Cr P Halliburton seconded by Cr M Holmes that an additional

condition be added to the MOTION:

Appropriate signage be placed at the Junee Golf Club regarding “Do’s and Don’ts” of the

primitive camping site and dump points.

The AMENDMENT was PUT and CARRIED.

The AMENDMENT then became the MOTION. The MOTION was then PUT and CARRIED.

Page 7: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 6 of 31

12.12.16 RESOLVED on the motion of Cr M Austin seconded Cr M Holmes that:

1. The officer’s report be received and noted.

2. The draft Junee Golf Club Primitive Camping Ground Management Plan be approved,

subject to the additions to section 1 and section 8 as detailed in the report.

3. In light of the proposed additional facilities, the Junee Golf Club lodge an application

under the provisions of the Local Government Act section 68 Part F 2 for the Operate a

caravan park or camping ground.

4. Appropriate signage be placed at the Junee Golf Club regarding “Do’s and Don’ts” of

the primitive camping site and dump points.

11[DESM] JUNEE MEDICAL & DENTAL CENTRE - PROPOSED INSTALLATION OF

20KW PHOTOVOLTAIC (SOLAR) ELECTRICITY GENERATING

SYSTEM

13.12.16 RESOLVED on the motion of Cr R Callow seconded Cr K Walker that:

1. The Council provide owners consent for the lodgement of a Development Application

for the installation of a 20KW photovoltaic electricity generating system upon the roof

of the Junee Medical & Dental Centre, located at 100 Broadway Street, Junee.

2. Prior to the determination of that Application, Junee Medical Pty Ltd enter into a

variation to the existing lease acknowledging:

• their ownership and responsibility for maintaining the photovoltaic electricity

generating system upon the roof of the Junee Medical & Dental Centre, located

at 100 Broadway Street, Junee.

• the system does not inhibit regular maintenance or repairs to the building by the owner of the building.

• that cost associated with implementing and maintaining these provisions will be

the lessee’s responsibility.

3. The General Manager be delegated authority to negotiate, approve and sign a binding

agreement relating to item 2, on behalf of Council.

12[DESM] DA 2016/55 - DEMOLITION OF EXISTING SERVICE STATION AND

CONSTRUCTION OF NEW SERVICE STATION

14.12.16 RESOLVED on the motion of Cr R Asmus seconded Cr R Callow that:

1. Pursuant to Section 80 (3) of the Environmental Planning & Assessment Act 1979,

Council issues Deferred Commencement Consent for Development Application No.

Page 8: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 7 of 31

2016/55 for demolition of existing service station and construction of new service

station on lot: 1 DP: 111290, lot: 1 DP: 540322, lots: 6 – 12 DP: 21540 situated at

122 – 130 Broadway Street, Junee as outlined below.

SCHEDULE “A”

Conditions imposed pursuant to Section 80(3) of the Environmental

Planning and Assessment Act, 1979 and Section 95 of the Regulations as

amended.

Deferred Commencement Condition 1 - Redesign Vehicle Access to the Site

and Parking

The footway crossings, driveways, loading and unloading areas, manoeuvring areas and parking areas, are to be designed/redesigned so that a 19m semi-trailer in length may

perform a left turn into the site, and exit the site in a forward direction without crossing

the road centreline and without requiring the relocation of the existing street lighting.

The issue of loss of on-street parking is to be addressed. A plan drawn to scale showing

all parking and manoeuvring areas is to be submitted to Council for approval prior to

operation of this consent.

Note: All vehicle turning movements are to be based on the Austroads design vehicle.

Reason: Statutory requirement and Public interest.

Deferred Commencement Condition 2 - Redesign Awning Over Pump Area

The proposed awning over the fuel pump area is to be redesigned to have an overall

height of not more than 5.8m. A plan drawn to scale is to be submitted to Council for

approval prior to operation of this consent.

Reason: To ensure a suitable scale of development within the heritage conservation

area and Public interest.

Deferred Commencement Condition 3 - Redesign Proposed Pylon Signage

The proposed pylon signage is to be redesigned to have a suitable scale, given the

developments location in a heritage conservation area and the surrounding development

scale. A plan drawn to scale is to be submitted to Council for approval prior to

operation of this consent.

Reason: To ensure a suitable scale of development within the heritage conservation

area and Public interest.

Page 9: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 8 of 31

SCHEDULE “B”

CONDITIONS OF CONSENT

DEVELOPMENT IN ACCORDANCE WITH APPROVED PLANS AND

DOCUMENTATION

1. The Development is to take place in accordance with the attached stamped plans

and documentation submitted with the application and subject to the conditions

below, to ensure the development is consistent with Council’s consent.

Reason: To confirm the details of the application as submitted by the applicant

and as approved by Council. Statutory requirement and Public interest

CONTRIBUTIONS

2. Prior to the issue of a construction certificate a payment shall be made to Junee

Shire Council of 1% of the agreed development cost in accordance with Junee

Shire Council’s Section 94a Contribution Plan.

Reason: Statutory requirement and Public interest

NOTE: Copies of Council’s Section 94a Contribution Plan may be inspected at

Council’s offices.

ADVERTISING SIGNS

3. Full details of advertising signs and/or structures to be erected as part of the

approved development are to be submitted to Council and approval obtained

prior to any new sign / structure installation.

Reason: To ensure compliance with the requirements of the Environmental Planning and Assessment Act 1979.

FOOD SHOP FITOUT

4. The fit out of the food preparation area is to be carried out in accordance with

the relevant requirements of the Food Standards Code and AS4674 - 2004 and

all works are to be undertaken in accordance with the approved plans.

Reason: To ensure compliance with the Food Standards Code and AS4674-

2000.

TRADE WASTE COMPLIANCE

5. No liquid trade waste is to be discharged to the reticulated sewer system without

prior consent of Council. A trade waste agreement must be entered into, and

Page 10: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 9 of 31

appropriate pre-treatment systems in place before any such consent would be

considered.

Reason: To ensure trade waste requirements are observed.

TRADE WASTE PRE-TREATMENT SYSTEMS

6. The applicant is to install appropriate pre-treatment systems prior to discharging

any wastewater into the reticulated sewer system. Full details of the proposed

system are to be submitted to and approved by Council prior to installation.

The above pre-treatment systems must be in place prior to the commencement

of the commercial activity.

Reason: To ensure the minimum pre-treatment systems have been installed.

FOOD ACT

7. Any commercial kitchen is to be constructed and fitted out in accordance with the

minimum requirements of AS4674 – Construction and fit out of food premises.

Reason: Statutory Requirement

FIRE SAFETY CERTIFICATE

8. In granting this approval, Council requires the essential fire or other safety

measures, as determined by the Principal Certifying Authority upon assessment of

the Construction Certificate, to be installed and maintained so as to comply with

the requirements of the Building Code of Australia. Prior to the issue of an

Occupation Certificate the owner must cause the Council to be given a fire safety

certificate. The fire safety certificate is to state in relation to each essential fire or

other safety measure implemented in the building or on the land on which the building is situated:

a) that the measure has been assessed by a person (chosen by the owner of

the building) who is properly qualified to do so and

b) that as at the date of the assessment the measure was found to be

capable of functioning at a standard not less than that required by the

Schedule attached to the Construction Certificate.

Note: Annual Fire Safety Statements must be submitted to Council within each

twelve month period certifying the maintenance standard of the Essential or

Other Safety Measure installed on the property.

Page 11: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 10 of 31

Reason: This is a requirement of Clause 80C of the Environmental Planning &

Assessment Regulations to address fire safety where consent involves a change in

Building Classification under the Building Code of Australia.

OCCUPATION CERTIFICATE

9. The subject development will require an Occupation Certificate PRIOR to its

occupation or use.

Reason: To ensure compliance with the Environmental Planning &

Assessment Act 1979.

PROTECTION OF ENVIRONMENT OPERATION ACT AND

REGULATION

10. The abandonment (disposal / decommissioning), recommissioning and installation

of new Underground Petroleum Storage System (UPSS) must be in accordance

with the requirements of Protection of Environment Operations Act 1997 and

Protection of Environment Operations (Underground Petroleum Storage Systems)

Regulation 2008.

Reason: The ensure compliance with relevant legislation.

LAND CONTAMINATION / REMEDIATION

11. The applicant is to employ the services of a duly qualified person to investigate

the level of and extent of any contamination prior to the abandonment process of

the Underground Petroleum Storage System. A detailed report is to be furnished

to Council.

Should the land require remediation works to be carried out, the land is to be

remediated at the same time which the abandonment of the Underground Petroleum Storage System (UPSS) is to take place.

A detailed report confirming any decontamination of the site is to be provided to

Council prior to any remediation works being undertaken.

NOTE: The Protection of Environment Operations (Underground Petroleum

Storage Systems) Regulation 2008 defines a duly qualified person as “in relation

to any activity, means a person who has such competence and experience in

relation to that activity as is recognised in the relevant industry as appropriate for

that activity”.

Reason: To determine the extent of any land contamination.

Page 12: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 11 of 31

UPSS TANK REMOVAL

12. Any redundant UPSS are to be removed/decommissioned prior to occupation of

this development.

A validation report for tanks that are removed or decommissioned must be

submitted to Council no later than 60 days after the completion of works or,

where site remediation is required, within 60 days of its completion.

NOTE: Validation and reporting of the condition of a UPSS site following tank

removal must address all areas of the site consistent with the requirements of the

UPSS Regulation and SEPP 55.

The applicant is to ensure compliance with additional relevant WorkCover

documents pertaining to the development.

NOTE: The NSW WorkCover Authority is responsible for occupational health

and safety issues relating to decommissioning and removal of tanks from a site.

Reason: To ensure decommissioning of the Underground Petroleum Storage

System is undertaken within an appropriate timeframe and in compliance with

NSW legislation.

VEHICLE LOADING / UNLOADING

13. The loading and unloading of all vehicles must be done entirely within the

property and not upon the road reserve or footpath.

Reason: To ensure reasonable pedestrian and vehicle safety

ARTIFICIAL LIGHTING

14. Full details of proposed artificial lighting are to be submitted indicating the

manner in which adjoining properties are to be affected.

Reason: To address any likely impact on adjoining properties.

NOISE EMISSION

15. Emission of sound from the premises shall be controlled at all times, so as to

comply with the Protection of the Environment Operations Act 1997.

Reason: To protect the amenity of the surrounding area.

Page 13: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 12 of 31

HOURS OF OPERATION

16. The hours of operation of the development shall be as follows:

6.00am to 10.00pm Monday – Sunday and Public Holidays

Any future increase to hours/days of operation will be subject to an

additional approval.

Reason: To protect the amenity of the surrounding area.

NOTIFICATION TO NSW FOOD AUTHORITY

17. The applicant is to notify the New South Wales Food Authority of the intended

food premise and confirmation of such notification to Council prior to the

commencement of the activity.

Reason: To ensure statutory requirements are met.

NOTE: Environmental Planning and Assessment Regulation 2000

Division 8A Prescribed conditions of development consent form part

of this approval as Schedule C (refer to following pages).

SCHEDULE “C”

Environmental Planning and Assessment Regulation 2000

Division 8A Prescribed conditions of development consent

98 Compliance with Building Code of Australia and insurance requirements

under the Home Building Act 1989

(cf clauses 78 and 78A of EP&A Regulation 1994)

(1) For the purposes of section 80A (11) of the Act, the following conditions are

prescribed in relation to development consent for development that involves any

building work:

(a) that the work must be carried out in accordance with the requirements of

the Building Code of Australia,

(b) in the case of residential building work for which the Home Building Act

1989 requires there to be a contract of insurance in force in accordance

with Part 6 of that Act, that such a contract of insurance is in force before

any building work authorised to be carried out by the consent commences.

(1A) For the purposes of section 80A (11) of the Act, it is prescribed as a condition of

a development consent for a temporary structure that is used as an

Page 14: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 13 of 31

entertainment venue, that the temporary structure must comply with Part B1 and

NSW Part H102 of Volume One of the Building Code of Australia.

(2) This clause does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188,

subject to the terms of any condition or requirement referred to in clause

187 (6) or 188 (4), or

(b) to the erection of a temporary building, other than a temporary structure to

which subclause (1A) applies.

(3) In this clause, a reference to the Building Code of Australia is a reference to that

Code as in force on the date the application is made for the relevant:

(a) development consent, in the case of a temporary structure that is an

entertainment venue, or

(b) construction certificate, in every other case.

Note. There are no relevant provisions in the Building Code of Australia in

respect of temporary structures that are not entertainment venues.

98A Erection of signs

(1) For the purposes of section 80A (11) of the Act, the requirements of subclauses

(2) and (3) are prescribed as conditions of a development consent for

development that involves any building work, subdivision work or demolition work.

(2) A sign must be erected in a prominent position on any site on which building

work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal

certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work

and a telephone number on which that person may be contacted outside

working hours, and

(c) stating that unauthorised entry to the work site is prohibited.

(3) Any such sign is to be maintained while the building work, subdivision work or

demolition work is being carried out, but must be removed when the work has

been completed.

(4) This clause does not apply in relation to building work, subdivision work or

demolition work that is carried out inside an existing building that does not affect

the external walls of the building.

Page 15: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 14 of 31

(5) This clause does not apply in relation to Crown building work that is certified, in

accordance with section 109R of the Act, to comply with the technical provisions

of the State’s building laws.

(6) This clause applies to a development consent granted before 1 July 2004 only if

the building work, subdivision work or demolition work involved had not been

commenced by that date.

Note. Principal certifying authorities and principal contractors must also ensure that

signs required by this clause are erected and maintained (see clause 227A which

currently imposes a maximum penalty of $1,100).

98B Notification of Home Building Act 1989 requirements

(1) For the purposes of section 80A (11) of the Act, the requirements of this clause

are prescribed as conditions of a development consent for development that

involves any residential building work within the meaning of the Home Building

Act 1989.

(2) Residential building work within the meaning of the Home Building Act 1989

must not be carried out unless the principal certifying authority for the

development to which the work relates (not being the council) has given the

council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be

appointed:

(i) the name and licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of

that Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit

under that Act, the number of the owner-builder permit.

(3) If arrangements for doing the residential building work are changed while the

work is in progress so that the information notified under subclause (2) becomes

out of date, further work must not be carried out unless the principal certifying

authority for the development to which the work relates (not being the council)

has given the council written notice of the updated information.

(4) This clause does not apply in relation to Crown building work that is certified, in

accordance with section 109R of the Act, to comply with the technical provisions

of the State’s building laws.

Page 16: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 15 of 31

ADVISORY NOTE

(a) Dial Before You Dig

Underground assets may exist in the area that is subject to your application. In

the interests of health and safety and in order to protect damage to third party

assets please contact Dial Before You Dig at www.1100.com.au or telephone

1100 before excavating or erecting structures (This is the law in NSW). If

alterations are required to the configuration, size, form or design of the

development upon contacting the Dial Before You Dig service, an amendment to

the development consent (or a new development application) may be necessary.

Individuals owe asset owners a duty of care that must be observed when working

in the vicinity of plant or assets. It is the individual’s responsibility to anticipate

and request the nominal location of plant or assets on the relevant property via

contacting the Dial Before You Dig service in advance of any construction or

planning activities.

(b) Telecommunications Act 1997 (Commonwealth)

Telstra (and its authorised contractors) are the only companies that are permitted

to conduct works on Telstra’s network and assets. Any person interfering with a

facility or installation owned by Telstra is committing an offence under the

Criminal Code Act 1995 (Cth) and is liable for prosecution. Furthermore, damage

to Telstra’s infrastructure may result in interruption to the provision of essential

services and significant costs. If you are aware of any works or proposed works

which may affect or impact on Telstra’s assets in any way, you are required to

contact: Telstra’s Network Integrity Team by phoning 1800 810 443.

(c) If the development is likely to disturb or impact upon telecommunications

infrastructure, written confirmation from the service provider that they have

agreed to the proposed works must be submitted to the Principal Certifying

authority prior to the issue of a Construction Certificate or any works commencing, whichever occurs first.

The arrangements and costs associated with any adjustment to

telecommunications infrastructure shall be borne in full by the

applicant/developer.

Reason: To prevent the possible damage to telecommunications infrastructure.

2. Council notify the persons making submissions to the proposal of Council’s decision in

this matter.

Page 17: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 16 of 31

As required under Section 375A of the Local Government Act, the following is the record of voting

for this planning matter.

FOR: Councillors N Smith, R Asmus, M Austin, R Callow, D Carter, M Cook, P Halliburton,

M Holmes and K Walker

AGAINST: Nil

13[DESM] DA 2016/14 – REDEVELOPMENT ST JOSEPHS PRIMARY SCHOOL -

KITCHENER STREET, JUNEE - PROPOSED MODIFICATION

15.12.16 RESOLVED on the motion of Cr R Asmus seconded Cr P Halliburton that pursuant to

Section 96 (1)(a) of the Environmental Planning & Assessment Act 1979, Council approves

Modification of Development Application No. 2016/14 for the redevelopment of the

educational establishment located on Lot 4 DP 223464, Lot 1 DP 391956, Lot 1 DP

1185982, Lot 4 DP 563896, Lot 4 DP 111283, Lot 2 DP 1185982 and Lot 1 DP 326960

23 Kitchener Street, Junee subject to the conditions in Schedule A, which are listed below and

the conditions applied to the original consent.

SCHEDULE “A”

CONDITIONS OF CONSENT – DA2016/14 MODIFICATION

DEVELOPMENT IN ACCORDANCE WITH APPROVED PLANS AND

DOCUMENTATION

1. The Development is to take place in accordance with the attached stamped plans and

documentation submitted with the Modification Application and subject to the

conditions contained in the original Consent, to ensure the development is consistent

with Council’s consent.

Reason: To confirm the details of the application as submitted by the applicant and as approved by Council. Statutory requirement and Public interest.

As required under Section 375A of the Local Government Act, the following is the record of voting

for this planning matter.

FOR: Councillors N Smith, R Asmus, M Austin, R Callow, D Carter, M Cook, P Halliburton,

M Holmes and K Walker

AGAINST: Nil

Page 18: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 17 of 31

14[DESM] DA 2016/57 - PROPOSED INTENSIVE LIVESTOCK ENTERPRISE

(SQUAB FARM) – FIVE GROWING SHEDS & ABATTOIR

It was MOVED by Cr R Asmus seconded Cr M Cook that:

1. Pursuant to section 80 and section 80a of the Environmental Planning & Assessment Act 1979,

Development Application No. 2016/57 from Mr S Harris & Mrs N Harris for an intensive

livestock enterprise (squab farm) – five growing sheds & abattoir on Lot 1 DP 872578, 3060

Olympic Highway, Old Junee, be approved subject to the conditions of consent included in

Schedule A and B listed below:

SCHEDULE “A”

CONDITIONS OF CONSENT

DEVELOPMENT IN ACCORDANCE WITH APPROVED PLANS AND

DOCUMENTATION

1. The Development is to take place in accordance with the attached stamped plans and

documentation submitted with the application and subject to the conditions below, to ensure

the development is consistent with Council’s consent.

Reason: To confirm the details of the application as submitted by the applicant and as

approved by Council. Statutory requirement and Public interest

2. A Construction Certificate must be obtained from Council or an Accredited Certifier prior to

work commencing. A construction certificate certifies that the provisions of Clauses 79A-79H

of the Environmental Planning and Assessment Amendment Regulations, 1998 have been

satisfied, including compliance with the Building Code of Australia and conditions of

Development Consent.

Reason: To ensure compliance with the Environmental Planning and Assessment Act 1979.

3. The following information will be required to be submitted to Council prior to the issue of

the Construction Certificate:

i. Soil erosion and sedimentation control methods proposed to ensure that all soils

remain on the property throughout the construction of the proposed development.

ii. Final details of footing/slab/shed design in accordance with Australian Standards.

iv. Final plan showing method of stormwater control and disposal including designs for

retention areas, storage ponds and out flow to the environment.

v. Final design of effluent waste disposal.

vi. Management Plan for disease control on site, including notification processes

Reason: To ensure compliance with the Environmental Planning and Assessment Act 1979.

Page 19: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 18 of 31

4. A final Occupation Certificate must be issued by the Principal Certifying Authority prior to

occupation or use of the development. In issuing an occupation certificate, the Principle

Certifying Authority must be satisfied that that the requirements of section 109H of the

Environmental Planning and Assessment Act 1997 have been satisfied.

Reason: To ensure compliance with the Environmental Planning and Assessment Act 1979.

5. A Rehabilitation Plan is to be prepared 3 months prior to the ceasing of operations, which is

to be approved by Council or any other appropriate authority, departments or bodies at that

time and implemented prior to the abandonment of the site.

Reason: To ensure the safety of the land owner/user and to protect the environment as a

consideration required under the provisions of Section 79C of the Environmental Planning and

Assessment Act and the associated Guidelines.

6. Critical Stage Inspections: Council to be given 24 hours notice for the following inspections

where nominated:-

a) Pier pads and footing excavations prior to pouring concrete;

b) All concrete floors and raft slabs, with steel and damp proof membrane in position

before concrete is poured;

c) Sewer drains before being covered;

d) Wall and roof framing before being lined;

e) Insulation of walls, roof, floor, ceilings, soffits;

f) Wet area flashings after internal linings are installed;

g) Stormwater drains before backfilling;

h) Final inspection on completion BEFORE occupation.

Reason: The need for Council to ensure that works have been carried out in accordance

with the approved plans, specifications and the relevant legislation.

7. The site is to be landscaped so as to reduce the visual impact from public and private land.

The landscaping is to be established within 6 months of the date of this consent. The

landscaping is to be maintained for the life of the development to ensure their growth and be

protected from damage from livestock or machinery. Dead trees, shrubs or plants are to be

replaced within 3 months of dying. A landscaping plan is to be submitted to Council for

approval prior to the issue of a Construction Certificate.

Reason: To ensure that the landscape and scenic quality of the area is not detrimentally

affected and to assist in the reduction of visual impact as a consideration required under the

Page 20: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 19 of 31

provisions of Section 79C of the Environmental Planning and Assessment Act and the

associated Guidelines.

8. The Pigeon Production Unit (PPU) sites are to be maintained in such a state that harbourage

for vermin is minimised.

Reason: To ensure compliance with the Environmental Planning and Assessment Act 1979.

9. Water Storage: Onsite water storage shall be supplied for fire fighting purposes. The water

shall be in enclosed storage tanks with a minimum capacity of 60,000L dedicated for fire

fighting purposes, with 65mm Storz water coupling suitable for connection to the local fire

brigade water tanker.

Reason: To ensure that adequate water storage is available for self-sufficiency in fighting fires

or a bushfire occurrence adjacent to the house.

10. The developer shall provide adequate receptacles to store all waste generated by the

development pending disposal. The receptacles must be regularly emptied and waste must

not be allowed to lie or accumulate on the property other than in the receptacles. All

containers are to be designed and constructed so as to minimise harbourage for vermin.

Consideration shall be given to the source separation of recyclable and reusable materials.

Reason: To ensure compliance with the Environmental Planning and Assessment Act 1979.

11. All general waste is to be disposed of at an approved Council waste disposal depot in

compliance with Council’s conditions and fees.

Reason: To ensure compliance with the Environmental Planning and Assessment Act 1979.

NOTE: Environmental Planning and Assessment Regulation 2000 Division 8A

Prescribed conditions of development consent form part of this approval as

Schedule B (refer to following pages).

SCHEDULE “B”

Environmental Planning and Assessment Regulation 2000

Division 8A Prescribed conditions of development consent

98 Compliance with Building Code of Australia and insurance requirements under the

Home Building Act 1989

(cf clauses 78 and 78A of EP&A Regulation 1994)

(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in

relation to development consent for development that involves any building work:

Page 21: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 20 of 31

(a) that the work must be carried out in accordance with the requirements of the Building

Code of Australia,

(b) in the case of residential building work for which the Home Building Act 1989 requires

there to be a contract of insurance in force in accordance with Part 6 of that Act, that

such a contract of insurance is in force before any building work authorised to be

carried out by the consent commences.

(1A) For the purposes of section 80A (11) of the Act, it is prescribed as a condition of a

development consent for a temporary structure that is used as an entertainment venue, that

the temporary structure must comply with Part B1 and NSW Part H102 of Volume One of

the Building Code of Australia.

(2) This clause does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the

terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b) to the erection of a temporary building, other than a temporary structure to which

subclause (1A) applies.

(3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in

force on the date the application is made for the relevant:

(a) development consent, in the case of a temporary structure that is an entertainment

venue, or

(b) construction certificate, in every other case.

Note. There are no relevant provisions in the Building Code of Australia in respect of

temporary structures that are not entertainment venues.

98A Erection of signs

(1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3)

are prescribed as conditions of a development consent for development that involves any

building work, subdivision work or demolition work.

(2) A sign must be erected in a prominent position on any site on which building work,

subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority

for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a

telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the work site is prohibited.

Page 22: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 21 of 31

(3) Any such sign is to be maintained while the building work, subdivision work or demolition

work is being carried out, but must be removed when the work has been completed.

(4) This clause does not apply in relation to building work, subdivision work or demolition work

that is carried out inside an existing building that does not affect the external walls of the

building.

(5) This clause does not apply in relation to Crown building work that is certified, in accordance

with section 109R of the Act, to comply with the technical provisions of the State’s building

laws.

(6) This clause applies to a development consent granted before 1 July 2004 only if the building

work, subdivision work or demolition work involved had not been commenced by that date.

Note. Principal certifying authorities and principal contractors must also ensure that signs required

by this clause are erected and maintained (see clause 227A which currently imposes a

maximum penalty of $1,100).

98B Notification of Home Building Act 1989 requirements

(1) For the purposes of section 80A (11) of the Act, the requirements of this clause are

prescribed as conditions of a development consent for development that involves any

residential building work within the meaning of the Home Building Act 1989.

(2) Residential building work within the meaning of the Home Building Act 1989 must not be

carried out unless the principal certifying authority for the development to which the work

relates (not being the council) has given the council written notice of the following

information:

(a) in the case of work for which a principal contractor is required to be appointed:

(i) the name and licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder: (i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the

number of the owner-builder permit.

(3) If arrangements for doing the residential building work are changed while the work is in

progress so that the information notified under subclause (2) becomes out of date, further

work must not be carried out unless the principal certifying authority for the development to

which the work relates (not being the council) has given the council written notice of the

updated information.

(4) This clause does not apply in relation to Crown building work that is certified, in accordance

with section 109R of the Act, to comply with the technical provisions of the State’s building

laws.

Page 23: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 22 of 31

ADVISORY NOTE

(a) Dial Before You Dig

Underground assets may exist in the area that is subject to your application. In the interests of

health and safety and in order to protect damage to third party assets please contact Dial

Before You Dig at www.1100.com.au or telephone 1100 before excavating or erecting

structures (This is the law in NSW). If alterations are required to the configuration, size, form

or design of the development upon contacting the Dial Before You Dig service, an

amendment to the development consent (or a new development application) may be

necessary. Individuals owe asset owners a duty of care that must be observed when working

in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request

the nominal location of plant or assets on the relevant property via contacting the Dial Before

You Dig service in advance of any construction or planning activities.

(b) Telecommunications Act 1997 (Commonwealth)

Telstra (and its authorised contractors) are the only companies that are permitted to conduct

works on Telstra’s network and assets. Any person interfering with a facility or installation

owned by Telstra is committing an offence under the Criminal Code Act 1995 (Cth) and is

liable for prosecution. Furthermore, damage to Telstra’s infrastructure may result in

interruption to the provision of essential services and significant costs. If you are aware of any

works or proposed works which may affect or impact on Telstra’s assets in any way, you are

required to contact: Telstra’s Network Integrity Team by phoning 1800 810 443.

(c) If the development is likely to disturb or impact upon telecommunications infrastructure,

written confirmation from the service provider that they have agreed to the proposed works

must be submitted to the Principal Certifying authority prior to the issue of a Construction

Certificate or any works commencing, whichever occurs first.

The arrangements and costs associated with any adjustment to telecommunications

infrastructure shall be borne in full by the applicant/developer.

Reason: To prevent the possible damage to telecommunications infrastructure.

2. The owner, Mr S Harris & Mrs N Harris be advised of the decision of the Council on

Development Application No. 2016/57.

An AMENDMENT was MOVED by Cr P Halliburton seconded Cr R Asmus that an additional

condition be added to the MOTION:

The existing vehicular access to the development is to be upgraded and maintained in line with

the RMS Road Design Guide and Austroads. Such upgrade shall be appropriate for the

delivery vehicle classification for the development and shall take into account the following

factors:

Page 24: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 23 of 31

- Existing natural surface levels at the property boundary;

- Sight distances shall be as required by the RMS Road Design Guide

- Clearance requirements for the critical design vehicle;

- Preventing ingress of road water into the property;

- Ensuring driveway does not obstruct major flows within the roadway;

- Consideration of traffic loading,

- Location of existing utilities and services;

Reason: Statutory requirement and public interest.

The AMENDMENT was PUT and CARRIED.

The AMENDMENT then became the MOTION. The MOTION was then PUT and CARRIED.

16.12.16 RESOLVED on the motion of Cr R Asmus seconded Cr M Cook that:

1. Pursuant to section 80 and section 80a of the Environmental Planning & Assessment

Act 1979, Development Application No. 2016/57 from Mr S Harris & Mrs N Harris

for an intensive livestock enterprise (squab farm) – five growing sheds & abattoir on

Lot 1 DP 872578, 3060 Olympic Highway, Old Junee, be approved subject to the

conditions of consent included in Schedule A and B listed below:

SCHEDULE “A”

CONDITIONS OF CONSENT

DEVELOPMENT IN ACCORDANCE WITH APPROVED PLANS AND

DOCUMENTATION

1. The Development is to take place in accordance with the attached stamped plans and

documentation submitted with the application and subject to the conditions below, to

ensure the development is consistent with Council’s consent.

Reason: To confirm the details of the application as submitted by the applicant and

as approved by Council. Statutory requirement and Public interest

2. A Construction Certificate must be obtained from Council or an Accredited Certifier

prior to work commencing. A construction certificate certifies that the provisions of

Clauses 79A-79H of the Environmental Planning and Assessment Amendment

Regulations, 1998 have been satisfied, including compliance with the Building Code of

Australia and conditions of Development Consent.

Reason: To ensure compliance with the Environmental Planning and Assessment Act

1979.

Page 25: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 24 of 31

3. The following information will be required to be submitted to Council prior to the issue

of the Construction Certificate:

i. Soil erosion and sedimentation control methods proposed to ensure that all soils

remain on the property throughout the construction of the proposed

development.

ii. Final details of footing/slab/shed design in accordance with Australian Standards.

iv. Final plan showing method of stormwater control and disposal including designs

for retention areas, storage ponds and out flow to the environment.

vii. Final design of effluent waste disposal.

viii. Management Plan for disease control on site, including notification processes

Reason: To ensure compliance with the Environmental Planning and Assessment Act

1979.

4. A final Occupation Certificate must be issued by the Principal Certifying Authority prior

to occupation or use of the development. In issuing an occupation certificate, the

Principle Certifying Authority must be satisfied that that the requirements of section

109H of the Environmental Planning and Assessment Act 1997 have been satisfied.

Reason: To ensure compliance with the Environmental Planning and Assessment Act

1979.

5. A Rehabilitation Plan is to be prepared 3 months prior to the ceasing of operations,

which is to be approved by Council or any other appropriate authority, departments or

bodies at that time and implemented prior to the abandonment of the site.

Reason: To ensure the safety of the land owner/user and to protect the environment

as a consideration required under the provisions of Section 79C of the Environmental

Planning and Assessment Act and the associated Guidelines.

6. Critical Stage Inspections: Council to be given 24 hours notice for the following

inspections where nominated:-

i) Pier pads and footing excavations prior to pouring concrete;

j) All concrete floors and raft slabs, with steel and damp proof membrane in

position before concrete is poured;

k) Sewer drains before being covered;

l) Wall and roof framing before being lined;

m) Insulation of walls, roof, floor, ceilings, soffits;

n) Wet area flashings after internal linings are installed;

Page 26: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 25 of 31

o) Stormwater drains before backfilling;

p) Final inspection on completion BEFORE occupation.

Reason: The need for Council to ensure that works have been carried out in

accordance with the approved plans, specifications and the relevant legislation.

7. The site is to be landscaped so as to reduce the visual impact from public and private

land. The landscaping is to be established within 6 months of the date of this consent.

The landscaping is to be maintained for the life of the development to ensure their

growth and be protected from damage from livestock or machinery. Dead trees, shrubs

or plants are to be replaced within 3 months of dying. A landscaping plan is to be

submitted to Council for approval prior to the issue of a Construction Certificate.

Reason: To ensure that the landscape and scenic quality of the area is not

detrimentally affected and to assist in the reduction of visual impact as a consideration

required under the provisions of Section 79C of the Environmental Planning and

Assessment Act and the associated Guidelines.

8. The Pigeon Production Unit (PPU) sites are to be maintained in such a state that

harbourage for vermin is minimised.

Reason: To ensure compliance with the Environmental Planning and Assessment Act

1979.

9. Water Storage: Onsite water storage shall be supplied for fire fighting purposes. The

water shall be in enclosed storage tanks with a minimum capacity of 60,000L dedicated

for fire fighting purposes, with 65mm Storz water coupling suitable for connection to

the local fire brigade water tanker.

Reason: To ensure that adequate water storage is available for self-sufficiency in

fighting fires or a bushfire occurrence adjacent to the house.

10. The developer shall provide adequate receptacles to store all waste generated by the

development pending disposal. The receptacles must be regularly emptied and waste

must not be allowed to lie or accumulate on the property other than in the receptacles.

All containers are to be designed and constructed so as to minimise harbourage for

vermin. Consideration shall be given to the source separation of recyclable and reusable

materials.

Reason: To ensure compliance with the Environmental Planning and Assessment Act

1979.

11. All general waste is to be disposed of at an approved Council waste disposal depot in

compliance with Council’s conditions and fees.

Reason: To ensure compliance with the Environmental Planning and Assessment Act

1979.

Page 27: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 26 of 31

NOTE: Environmental Planning and Assessment Regulation 2000 Division

8A Prescribed conditions of development consent form part of this

approval as Schedule B (refer to following pages).

12. The existing vehicular access to the development is to be upgraded and maintained in

line with the RMS Road Design Guide and Austroads. Such upgrade shall be

appropriate for the delivery vehicle classification for the development and shall take into

account the following factors:

Existing natural surface levels at the property boundary;

Sight distances shall be as required by the RMS Road Design Guide

Clearance requirements for the critical design vehicle;

Preventing ingress of road water into the property;

Ensuring driveway does not obstruct major flows within the roadway;

Consideration of traffic loading,

Location of existing utilities and services;

Reason: Statutory requirement and public interest.

SCHEDULE “B”

Environmental Planning and Assessment Regulation 2000

Division 8A Prescribed conditions of development consent

98 Compliance with Building Code of Australia and insurance requirements

under the Home Building Act 1989

(cf clauses 78 and 78A of EP&A Regulation 1994)

(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed

in relation to development consent for development that involves any building work:

(a) that the work must be carried out in accordance with the requirements of the

Building Code of Australia,

(b) in the case of residential building work for which the Home Building Act 1989

requires there to be a contract of insurance in force in accordance with Part 6 of

that Act, that such a contract of insurance is in force before any building work

authorised to be carried out by the consent commences.

(1A) For the purposes of section 80A (11) of the Act, it is prescribed as a condition of a

development consent for a temporary structure that is used as an entertainment venue,

that the temporary structure must comply with Part B1 and NSW Part H102 of

Volume One of the Building Code of Australia.

Page 28: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 27 of 31

(2) This clause does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject

to the terms of any condition or requirement referred to in clause 187 (6) or 188

(4), or

(b) to the erection of a temporary building, other than a temporary structure to

which subclause (1A) applies.

(3) In this clause, a reference to the Building Code of Australia is a reference to that Code

as in force on the date the application is made for the relevant:

(a) development consent, in the case of a temporary structure that is an

entertainment venue, or

(b) construction certificate, in every other case.

Note. There are no relevant provisions in the Building Code of Australia in respect of

temporary structures that are not entertainment venues.

98A Erection of signs

(1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and

(3) are prescribed as conditions of a development consent for development that involves

any building work, subdivision work or demolition work.

(2) A sign must be erected in a prominent position on any site on which building work,

subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying

authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a

telephone number on which that person may be contacted outside working hours,

and

(c) stating that unauthorised entry to the work site is prohibited.

(3) Any such sign is to be maintained while the building work, subdivision work or

demolition work is being carried out, but must be removed when the work has been completed.

(4) This clause does not apply in relation to building work, subdivision work or demolition

work that is carried out inside an existing building that does not affect the external walls

of the building.

(5) This clause does not apply in relation to Crown building work that is certified, in

accordance with section 109R of the Act, to comply with the technical provisions of the

State’s building laws.

Page 29: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 28 of 31

(6) This clause applies to a development consent granted before 1 July 2004 only if the

building work, subdivision work or demolition work involved had not been commenced

by that date.

Note. Principal certifying authorities and principal contractors must also ensure that signs

required by this clause are erected and maintained (see clause 227A which currently imposes

a maximum penalty of $1,100).

98B Notification of Home Building Act 1989 requirements

(1) For the purposes of section 80A (11) of the Act, the requirements of this clause are

prescribed as conditions of a development consent for development that involves any

residential building work within the meaning of the Home Building Act 1989.

(2) Residential building work within the meaning of the Home Building Act 1989 must not

be carried out unless the principal certifying authority for the development to which the

work relates (not being the council) has given the council written notice of the following

information:

(a) in the case of work for which a principal contractor is required to be appointed:

(i) the name and licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that

Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under that

Act, the number of the owner-builder permit.

(3) If arrangements for doing the residential building work are changed while the work is in

progress so that the information notified under subclause (2) becomes out of date,

further work must not be carried out unless the principal certifying authority for the

development to which the work relates (not being the council) has given the council

written notice of the updated information.

(4) This clause does not apply in relation to Crown building work that is certified, in

accordance with section 109R of the Act, to comply with the technical provisions of the

State’s building laws.

ADVISORY NOTE

(a) Dial Before You Dig

Underground assets may exist in the area that is subject to your application. In the

interests of health and safety and in order to protect damage to third party assets

please contact Dial Before You Dig at www.1100.com.au or telephone 1100 before

excavating or erecting structures (This is the law in NSW). If alterations are required to

the configuration, size, form or design of the development upon contacting the Dial

Page 30: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 29 of 31

Before You Dig service, an amendment to the development consent (or a new

development application) may be necessary. Individuals owe asset owners a duty of care

that must be observed when working in the vicinity of plant or assets. It is the

individual’s responsibility to anticipate and request the nominal location of plant or

assets on the relevant property via contacting the Dial Before You Dig service in

advance of any construction or planning activities.

(b) Telecommunications Act 1997 (Commonwealth)

Telstra (and its authorised contractors) are the only companies that are permitted to

conduct works on Telstra’s network and assets. Any person interfering with a facility or

installation owned by Telstra is committing an offence under the Criminal Code Act

1995 (Cth) and is liable for prosecution. Furthermore, damage to Telstra’s

infrastructure may result in interruption to the provision of essential services and

significant costs. If you are aware of any works or proposed works which may affect or

impact on Telstra’s assets in any way, you are required to contact: Telstra’s Network

Integrity Team by phoning 1800 810 443.

(c) If the development is likely to disturb or impact upon telecommunications infrastructure,

written confirmation from the service provider that they have agreed to the proposed

works must be submitted to the Principal Certifying authority prior to the issue of a

Construction Certificate or any works commencing, whichever occurs first.

The arrangements and costs associated with any adjustment to telecommunications

infrastructure shall be borne in full by the applicant/developer.

Reason: To prevent the possible damage to telecommunications infrastructure.

2. The owner, Mr S Harris & Mrs N Harris be advised of the decision of the Council on

Development Application No. 2016/57.

As required under Section 375A of the Local Government Act, the following is the record of voting for this planning matter.

FOR: Councillors N Smith, R Asmus, M Austin, R Callow, D Carter, M Cook, P Halliburton,

M Holmes and K Walker

AGAINST: Nil

COMMITTEE REPORTS

1. Australia Day Committee Meeting

17.12.16 RESOLVED on the motion of Cr M Holmes seconded Cr M Cook the minutes of the

Australia Day Committee Meeting, held 22 November 2016, be adopted.

Page 31: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 30 of 31

2. Traffic Committee Meeting

18.12.16 RESOLVED on the motion of Cr M Cook seconded Cr P Halliburton the minutes of the

Traffic Committee Meeting, held 8 December 2016, be adopted.

3. Australia Day Committee Meeting

19.12.16 RESOLVED on the motion of Cr M Holmes seconded Cr M Cook the minutes of the

Australia Day Committee Meeting, held 13 December 2016, be adopted.

DELEGATES’ REPORTS

Junee Golf Club – Cr P Halliburton

Riverina Regional Library – Cr P Halliburton

Old Junee Hall Committee – Cr M Cook

Riverina Regional Tourism Committee – Cr R Callow

Goldenfields Water County Council – Cr R Callow

NOTICE OF MOTION

Nil

LATE BUSINESS

1[GM] JUNEE JUNCTION RECREATION & AQUATIC CENTRE – 24/7 ACCESS

FEES AND CHARGES

20.12.16 RESOLVED on the motion of Cr D Carter seconded Cr M Holmes that the report be deferred

until the February 2017 meeting.

2[GM] FUNDING APPLICATIONS

21.12.16 RESOLVED on the motion of Cr P Halliburton seconded Cr R Callow that:

1. Council prepare the following funding applications to be made in early 2017 in the event

that suitable partnership arrangements are established for community and/or commercial

partners to support such applications:

The NSW Office of Liquor Gaming & Racing ClubGrant grant for enhancement work to Laurie Daley Oval Sporting and Recreation Hub.

Austrade Building Better Regions Fund in either one or both of the nominated

Infrastructure or Community funding streams

2. Council allocate additional expenditure of up to $30,000 to support preparing one or both

applications.

Page 32: JUNEE SHIRE COUNCIL · ADDRESS BY BRAD BOHUN – CROWE HORWATH AUSWILD, COUNCIL’S AUDITOR Mr Brad Bohun from Crowe Horwath Auswild, addressed the Council and gave an overview and

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE

COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 20 DECEMBER

2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 31 of 31

QUESTIONS ON NOTICE

Cr P Halliburton asked the following questions:

1. What are the steps in the process if someone submits a customer request?

A letter is written to the owner requesting them to slash or mow their block, usually within 2 to 3

weeks.

2. Does Council write to landowners if the yard/block of land is overgrown but no one has

lodged a complaint?

Yes. A Council staff member inspected the town and villages with maps and marked blocks with excess

vegetation that needed slashing/mowing. Over 400 inspections were carried out in November 2016.

3. Are the same process steps then followed?

Yes.

4. What happens if the owner of the yard/block of land does not comply?

If the owner does not comply within the given timeframe, they are issued with a Notice of Intention to

Issue an Order and given a further two weeks to comply. An Order is issued if they again fail to comply,

and a further two weeks given. There are penalties that can be applied for non-compliance with an

Order.

5. Some owners are known by Council to be non-compliant/difficult to get to do anything, so

Council can feel to be on the back foot as soon as it receives a customer request. What can

Council do to overcome this problem before it starts?

While there may be occasions of non-compliance, the process that is followed reduces the overall risk of

excess vegetation in town and village. The Council this year has trialled a new process to assist with

improving time delays in our system.

6. Does the person who notified Council via a Customer Request receive an indication from

Council that their request has been received?

Generally no, unless they request to be notified of the outcome. This process is being reviewed.

7. If so, when?

See 6 above.

INFORMATION BOOKLET

The information booklet was received and noted.

There being no further business, the meeting closed at 6.45pm.