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JUNEE SHIRE COUNCIL
CONFIRMATION OF MINUTES ORDINARY MEETING
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.
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
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.
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.
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.
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.
MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE
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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.
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
MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE
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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.
MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE
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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.
MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE
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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.
MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE
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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
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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.
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(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.
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.
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
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.
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
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:
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.
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.
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:
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.
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;
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.
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.
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.
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
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.
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.
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.