58
REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELD THURSDAY, 17 MARCH 2011 IN CROOKWELL SECTION A REPORTS FROM ENVIRONMENT AND PLANNING 1. Noxious Weeds Activities Report A2-A4 2. Proposed Amendments to Upper Lachlan Development Conb-ol A5 - A41 Plan 2010 3. Urban Addressing A42 4. 2009-10 Local Development Performance Monitoring A43-A44 5. DA 130/10 Proposed Dwelling - Refusal A45-A52 6. 2543 Towrang Road Big Hill A53 7. Development Statistics Report A54-A58 Ml Bell / / / neral Manager A1 . .... .. Mayor General Manager

Ml - Upper Lachlan Shire TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELD THURSDAY, 17 MARCH 2011 IN CROOKWELL 3 DP 882195 S/T Belong Fullerton 28/2/11 Routine Lot

Embed Size (px)

Citation preview

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

SECTION A

REPORTS FROM

ENVIRONMENT AND PLANNING

1. Noxious Weeds Activities Report A2-A42. Proposed Amendments to Upper Lachlan Development Conb-ol A5 - A41

Plan 20103. Urban Addressing A424. 2009-10 Local Development Performance Monitoring A43-A445. DA 130/10 Proposed Dwelling - Refusal A45-A526. 2543 Towrang Road Big Hill A537. Development Statistics Report A54-A58

MlBell/

/

/ neral Manager

A1. ....

..

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Author: Noxious Weeds Manager

Subject: Monthly Weed Control Activities

FUe: F 10/347-02

Precis: Providing Council with a summary of weed control activitiesthat have been conducted in the past month.

Budget: Nil

1. WEED ACTIVITIES REPORT

Property Inspections

Lot 1 DP 877096 S/T Belmore Peelwood 7/2/11 RoutineLot 168 DP 753010 S/T Belmore Peelwood 7/2/11 RoutineLot 215 DP 753010 S/T Belmore Peelwood 7/2/11 Routine 2Lot 86 DP 753010 S/T Bel more Sapling ck 8/2/11 Routine 2Lot 49 DP 753010 S/T Belmore Sapling Ck 8/2/11 RoutineLot 236 DP 753010 S/T Belmore Sapling Ck 8/2/11 RoutineLot 2 DP 1124766 SJW Crookwell Tulloh 8/2/11 Notified 2Lot 4 DP 848252 S/T & B/B Belmore Peelwood 9/2/11 Routine 1 &2Lot 3 DP 848252 B/B Belmore Peelwood 9/2/11 Notified 2Lot 2 DP 848252 B/B Belmore Peelwood 9/2/11 Notified 2Lot 1 DP 848252 P/C Belmore Peelwood 9/2/11 RoutineLot 109 DP 753010 S/T Belmore Peelwood 10/2/11 Routine 2Lot 69 DP 753010 B/B Belmore Peelwood 10/2/11 Notified 2Lot 80 DP 753010 S/T elmore Peelwood 10/2/11 Routine 2Lot 148 DP 753010 S/T Belmore Sapling Ck 14/2/11 RoutineLot 190 DP 753010 S/T & B/B Belmore Sapling Ck 14/2/11 Notified 2&3Lot 92 DP 753010 S/T & B/B Belmore Sapling ck 14/2/11 Routine 1&2Lot 133 DP 753043 S/T Laggan Golspie 15/2/11 RoutineLot 71 DP 753043 B/B Laggan Peelwood 15/2/11 Routine 2Lot 302 DP 753043 B/B Laggan Peelwood 15/2/11 Notified 3Lot 2 DP 753043 S/T Laggan Golspie 16/2/11 RoutineLot 1 DP 1133806 S/T Laggan Peelwood 16/2/11 RoutineLot 149 DP 753010 S/T Bel more Peelwood 16/2/11 RoutineLot 2 DP 1086805 S/T Crookwell Iron Mine 17/2/11 RoutineLot 52 DP 753055 S/T & B/B Thalaba Peelwood 21/2/11 Notified 1 &2Lot 145 DP 753015 S/T & B/B Thalaba Peelwood 21/2/11 Notified 1 &2Lot 76 DP 753010 S/T Belmore Peelwood 21/2/11 RoutineLot 213 DP 753015 S/T Bolong Fullerton 22/2/11 RoutineLot 223 DP 753015 B/B Belong Fullerton 22/2/11 Notified 0

;-

Lot 40 DP 753015 sn- Belong Fullerton 22/2/11 RoutineLot 223 DP 753015 S/T Belong Fullerton 12/2/11 NotifiedA.

Lot 2 DP 215278 S/T Thalaba Peelwood 23/2/11 RoutineLot 90 DP 753015 S/T Bolong Peelwood 23/2/11 RoutineLot 130 DP 753015 S/T Belong Futlerton 23/2/11 Routine

A2Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

3 DP 882195 S/T Belong Fullerton 28/2/11 RoutineLot 1 DP 882195 28/2/11 Bolong Fullerton 28/2/11 RoutineLot 11 DP 1017006 28/2/11 Bolong Fullerton 28/2/11 RoutineLot 1 DP 158220 S/T Dalton Loop 2/2/11 RoutineLot 215 DP 754118 S/T Gunning Gundaroo 4/2/11 NotifiedLot 31 DP 75411 1 S/T Dalton Dalton 7/2/11 RoutineLot 1 DP 63662 S/T Dalton Loop 7/2/11 RoutineLot 123 DP 754111 BB Dalton Loop 7/2/11 RoutineLot 120 DP 754111 BB Dalton Loop 8/2/11 RoutineLot 1 DP 811742 S/T Dalton Loop 8/2/11 RoutineLot 42 DP 65115 BB Dalton Jerrawa 8/2/11 NotifiedLot 134 DP 754118 S/T Dalton Dalton 9/2/11 RoutineLot 2 DP 1098215 S/T Dalton Chain of Ponds 9/2/11 RoutineLot 298 DP 754111 S/T Dalton Chain of Ponds 9/2/11 Routine

Key for Degree of Infestations

1. Scattered Plants2. Scattered Plants with Isolated Patches3. Dense Infestations

Key for Actions of Inspections

Routine - an inspection where the landowner has either provided adequateinformation or conducted adequate control work to fulfil their obligations to controlnoxious weed infestations on their land.

Notified - an inspection -where landowners are notified either verbally or by letterthat control work is required on specific weed infestations. These inspectionsgenerally -will require a reinspection.

Reinspection - an inspection that has been conducted to investigate whether adequatecontrol work has been conducted after notification to control -weed infestations.

Notice - an inspection -where a Weed Control Notice under section 18 of the Act hasbeen served.

Table of Inspections

Property Inspections100 T---'-- ^~t -s- W-. <»<*»-1»^

.ft .

90

=\80

70 +

6050 + 0201040 + -i30 + -I a 2on

20 + -JJ

ft' ^

10 n -10 I I

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

A3. ...... . . . ... . . .

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Roadside Weed Control

Roadside weed control work has continued to focus on woody weed control withnoxious weeds such as Blackberry, Gorse, Broom, Briars and St John's Wort targeted.This control program will continue through until April.

Southern Tablelands and South Coast Regional Plants Committee AGM

On Thursday 3rd March 2011 the Noxious Weeds Manager and Councillor Mayohattended the Annual General Meeting and Ordinary Meeting of the above Committeewhich was held at Queanbeyan City Council.

Office Bearers for the coming year were elected with Clr Sue Whelan fromQueanbeyan City Council re-elected as Chair, Clr Mick Mayoh from Upper LachlanShire Council re-elected as Deputy Chair and Paul Brown from Upper Lachlan ShireCouncil re-elected as Secretary Treasurer.

An item of interest from this meeting was a report from Industry & Investment thatadvised Local Control Authorities to review Class 4 Weed Management Plans thathave control measures requiring noxious weeds to be fully and continuouslysuppressed and destroyed. Our plan has four noxious weeds with this descriptionwithin the control measure which include Fireweed, Scotch/English Broom, St John'sWort and Serrated Tussock. A report outlining options available to Council with areview this plan will be prepared in the near future to allow consideration of this»

issue.

Recommendation: That Council receive and note the report as information.

ATTACHMENTS

Nil

<s

Qwscnh

^Paul BrownNoxious Weeds Manager

A4. .......... . . . . . ..

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Author: Director Environment and Planning

Subject: Proposed Amendments to Upper Lachlan Development ControlPlan 2010

File No: Fl 0/16

Precis: To advise Council of the outcome of the public exhibition ofthe proposed amendments to Upper Lachlan DevelopmentControl Plan 2010

Budget: Approximately $500 (advertising)

2. PROPOSED AMENDMENTS TO UPPER LACHLAN DEVELOPMENTCONTROL PLAN 2010

The proposed amendments to Upper Lachlan Development Control Plan 2010 wereplaced on public exhibition from Thursday 13 January 2011 to Friday 18 February2011. At the close of the public exhibition period 49 submissions were received. 27 ofthese submissions included the same content in a form email/letter. The issues raisedin the submissions are summarised as follows:

No. Summary of issues Comments

No more wind farm development in the Shire Comment / Statement.

Changes suggested:.

- Developers to assess impact.

on Precedent set by LEGdevelopment on adjacent property values judgement.

- Increase public consultation SetinSec3.14ofDCPand- Increase community compensation for EP&A Regulations.1

affected members No justification provided.- Increase clearance distance to 10 kms No justification provided.- Community should have greater role in use

of funds SeeSec3.17C.E.P.- Investigate/assess impact of health of

adjacent residents See Sec 9.5 W.F

Suggested changes:.

See Sec 9.5 W.F- Control b - add 'physical' to clarify listeditems (i) to (v)

See Sec 9.5 W.F- Control e - infi-asound not addressed bythis control (supporting detail included)

- Control f- a good control for turbines up to22MW. Suggest extra control for turbines > See Sec 9.5 W.F

2MW or blade tip height near or > 150 m.Setback to non-host residences to be 3 km

CEP funds - contributions should mainly be.

SeeSec3.17C.E.Pdirected to ameliorating projects in impactedareas. Rewording to address this suggested

Endorse Council's 2km minimum setback and.

See Sec 9.5 W.Fto remain as a minimum requirement3 . Encourage Council to seek to persuade wind

See Sec 9.5 W.Ffarm owners to participate in properlydesigned, fully independent, noise studies

A5. . . . ........... . . ..

..

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

No. Summary of issues Comments

Proposed amendments do not reflect Land and.

Environment Court judgement. Comment / Statement

Significant implication to Council and.

Comment / Statementratepayers from setback controls rejected by4the LEGCEP amendments do not reflect the outcome.

Comment / Statementof the LEG judgementDetailed submission addressed these points

Do not agree with proposed approval process.

for funding allocation. Comment / Statement. Committee should include at least 1 or more

See Sec 3.17 C.E.P5 and community representatives in close proximity27 . Object to limiting of projects able to be fimded

SeeSec3.17C.E.Pto capital projects. There are many communitybased events/programs that could benefit andenhance the community

Too many wind farms in Shire, should be.

banned. Encourage solar farms. Comment / Statement

Council must insist on representation at a.

Comment / StatementJudicial Enquiry into wind farms investigatinghealth concerns and land values

Require provision of a decommissioning fund.

Notedpaid up front, held in trust6$l,666/turbine ludicrous - should match.

Notedpayment to the host landholder5km setback from any residences, with.

See Sec 9.5 W.Fdetailed enquiry into infi-asoundObject to ratepayers covering Council costs re.

NotedPlanning Agreement costsObject to media releases being restricted.

Noted

To ensure DCP followed by developers.

7,8, replace 'should be' with 'must be' See Sec 9.5 W.F9,10, Setback distances must be increased to 3 km..

11, International medical evidence supports this See Sec 9.5 W.F12, Should require developers to undertake road.

13, See Sec 9.5 W.Fworks to upgrade roads due to the wind farm14, development15, Security bond should be lodge with Council.

16,17, Notedprior to any work commencing18,19,

. Financial benefits from wind farms should be20, allocated to those within 5 km of a turbine See Sec 3.17 C.E.P21,

Inappropriate. to limit *

22, communitySee Sec 3.17 C.E.Pcontributions to capital works / infrastructure23,

Access to CEP funds should be 6 monthly.24, Noted25, Committee should comprise - Mayor, 1.

26, Community member from within 3 km of theSeeSec3.17C.E.Pwind farm and not involved the

.

28, m

29, development and 3 other shire residents not30, involved m wind fann developments31, Wind farm developers should not be part of.

33, the allocation of funds unless legally required Noted37,39 Allocation of funds should go to projects.

within 5km of the nearest turbine

A6. .. ..

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

No. Summary of issues Comments

Congratulate Council for work with the wind. Comment / Statementfarm industry to secure long lasting benefitsfor social/capital nature for the CommunityConcerned about composition of Committee,.

should be: 2 members who are not Councillors See Sec 3.17 C.E.P

(voting),! Councillor (voting), 2 non-voting32representatives (General Manager and

<

Authorised representative from fundingorganisation), 1 Community rqn-esentativefrom the area where wind farm located. Thiswould avoid any perceived conflict of interestand deliver better community outcomesExtend notification process to a 10 km radius SetinSec3.14ofDCPand.

or advertise DA in local papers/newsletters to EP&A Regulations.ensure clear/open communicationAppear to be discrepancies/inconsistent.

wording between CEP and PA references. See Sec3.17C.RP andNeed to ensure wording in both CEP and PA Appendix - PAare consistent in particular in regard tofinancial contributions, types of projects beingfunded, capital projects. More detail insubmission

Allocation of funds references are inconsistent SeeSec3.17C.E.Pand.

-need to clari^ Appendix - PA.»

Committee - no consultation or transparency.

in its process and needs community SeeSec3.17C.E.P* *

representation. If the funding organisation hasa say, so should the Commimity. The CEP isnot a fund for Council projects, it is for the34community therefore requires communityinput on fund allocation. Must be clear andtransparent like, for eg, Origin EnergyCommittee

Unsure why Council moved from $/MW to a.

fixed amount per turbine. Restrictive if L.E.C judgementtechnology improves and turbines increaseoutputAll State Significant Development should be.

Not relevant to DCPrequired to contribute under CEP eg gas firedamendment.

power stations. Amendments do not address:

NotedUnallocated funding, Guidelines for

applications, Process followed to approve thefimding of a project, Auditing of fundallocations, by whom ?, Advanced access tofunding?

Control f - clause is not properly constructed. See Sec 9.5 WFas it reference development in the first partand turbines in the second part. Clause appearsto be based on visual aspects only and not

35 defendable in court

The sq)aration distance is meaningless - if the.

viewer has a negative perception no distance Noted

will be sufficient. Other issues are dealt within other parts of the DCP

A7. . . . .........

......

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

No. Summary of issues Comments

Change in contribution makes no sense. If.

turbmes are developed that generate greater L.E.C judgementcapacity but have no change in physical sizeCouncil will not have the capacity to increasethis contribution. Council urged to retaincurrent DCP wordingCommittee does not represent the community..

Needs a broader community representation, SeeSec3.17C.E.Pfor eg one representative of the immediatearea and a rqiresentative of the landownersunder the wind farm.

Object to proposed committee and funding. SeeSec3.17C.E.Pshould not be for 'general capital purposes'.Propose a Neighbourhood Committee for each.

wind farm. Would have stewardship of the Noted36 funds and be open to all landholders within 5and km of a turbine with one or perhaps two44 Council representatives.

Funds should be allocated to community.

projects (eg fire shed) and to mitigate SeeSec3.17C.E.Pdiseconomies suffered by locals (egwindbreaks)Object to proposed Committee format. Comment / StatementConcerned that Gurrundah not identified in.

current list Not relevant

Propose establishment of Neighbourhood.

38Committee for each wmd farm Would haveNoted

stewardship of the funds and open to alllandholders within 5 km of a turbine with oneor perhaps two Council representativesWould like to draw Council's attention to:. Noted- Peer-reviewed literature linking wmd

turbines with adverse health effects- Wind turbme noise levels should be

measured for low frequency noise andinfrasound

40 . Setback distance of 3.5 km must be adopted See Sec 9.5 W.FCouncil should consider temporary stop to all.

wind farms until research demonstrates precise Not relevant to DCPsafe setbacks for residents amendment

Impacts of existing wind farms must be.

investigated Comment / Statement

Wind farms should be turned off at night No justification submitted.

Object to Council becoming custodian for all Comment / Statement.

funds and theu- allocation

Need community representation on the.

Committee to ensure fair and equitable SeeSec3.17C.E.Pdistribution of funds

41 . Object to money being available for capitalworks/projects, this excludes all local See Sec 3.17 C.E.Pcommunity events and groups needing fundingExamples of better allocation of funds are. NotedCullerin Wmd Farm and the Veolia MulwareeTmst that base allocations on need and merit

A8Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

No. Summary of issues Comments

Council should impose a moratorium on the Not relevant to DCP.

approval and construction of new wind farms amendmentfor an initial period of 12 months pendingspecific investigations orImpose a 5 km mmimum setback to non-host.

residents for 12 months See Sec 9.5 W.F

Council should encourage solar farms m.

Not relevant to DCPpreference to wind farmsamendment

DCP requirements for DA should be replaced.

with the usual Director General requirements Notedwith some additional requirementsDCP should specify DA condition for Not appropriate at this stage.

acquisition of non-host land and payment ofcosts by developer

. CEP should be renamed 'CommunityCompensation Program' Comment / Statement

Once moratorium lifted.

Comment / Statement- No further wind farms within 25km of42 existing wind farms

- future setback to wind farms should be 5km

- cash bond of $ 2m per turbine required toassure removal and remediation

- Wind farm operator should be required tofund an ongoing emissions monitoring

. . » . 9

program

- DA fees should be appropriate to ensureeffective assessment

- amount payable by wind farm operatorsshould be equal to funds paid to hostlandowner and delivered to communitythrough Community Tmsts

- in addition to community compensation,developers must fund ameliorative workson residents within 10 km

Commimity Compensation Program should be.

administered by community trusts and a boardof local trustees. Planning Agreement requiresamendment to address this

Proposed changes will only achieve the.

following:- Purport to modify DCP in accordance with

Gullen Range decision but changes do not Noted

reflect the actual LEG findings- Do not reflect the support for wind farms

from recent surveys in the ULSC and NSW Comment / Statement43

- Discourage investment in the ShireComment / Statement

- Create a misleading expectation among thecommunity regarding setback distances as Comment / Statementthey are not mandatory Noted

Submission details reasons for removal of any.

numerical controls in the DCP

A9. . . .

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

No. Summary of issues Comments

. SeeSec3.17C.E.PConcern that Committee only have 3 memberswithout a community member directedaffected by the turbinesCommittee should comprise 5 members.

45 SeeSec3.17C.E.Pincluding 2 who live within 5 km of a turbineSuggest developing a formula for allocation of.

Notedfunds, maybe something measurable likecertain percentage spent within 1 km

DCP leaves community consultation as a SetinSec3.14ofDCPand.

responsibility of the developer - a more EP&A Regulations.appropriate approach is suggested (referenceprovided)Minimum fee per turbine is naive and ignores.

Noteddiffering business model under which theseprojects are developed. Council shouldconsider the reverse of 'adverse impact' toensure appropriate contribution is made

. Council should impose a mumnum* a

Notedcommunity benefit standard to ensurecommunities are delivered a real alternativerevenue stream

The contribution should be set at a minimum Noted.

rate of 2% of revenue generated per annumCommunity contribution schemes should be.

amended on a case-by-case basis as economic Noted46

and social models and impacts are felt veryunevenly depending on different projectsConcern about the structure and governance of.

Notedthe funds - funds should be on a case-by-casebasis rather than a one size fits all

Concern about 'capital projects' - require.

Comment / Statementskilled strategic planning to work out wherebest to spend money on capital projectsMuch work is requu-ed to improve the model.

Comment / Statementof community engagement and encouragesCouncil to work towards a model that ensureslocal communities feel empoweredCouncil requested to reconsider the proposed.

amendments which jeopardise current Comment / Statementnegotiations in the community

Submission addresses the above points in moredetail

Area/projects to receive the benefits from SeeSec3.17C.E.P.

community funding should focus on the localv

community area

Local community area should be a radius of 5.

SeeSec3.17C.E.Pkm from project (not 20/30 kms) - direct47funding to benefit of those in most need in theimmediate precinct of the projectThis funding is not additional funding for the.

Comment / StatementCouncil but funding for a local communityaffected by a project

A10. ..

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

No. Summary of issues Comments

Funding should not be limited to capital.

projects - include applications from private SeeSec3.17C.E.Plandowners

Application on their merit should be.

SeeSec3.17C.E.Pconsidered, not just capital projects - egsupport programs for training, education andother community interestsSeparate committee for each project - 1.

Notedrepresentative from the proponent, 1 fromCouncil and community members in the

. f

majority

. Comment / StatementQuestions the ability of Council to requirecontributions for wind farms

Sought clarification on the wording of.

SeeSec3.17C.E.PCouncil's proposal to allocate fundingClarification required on $1,666 contribution.

48 L.E.C Judgementfigure - why is the figure so lowPoorly written document and requires Comment / Statement.

substantial work to make it acceptableCouncil should have no involvement in the.

management of any funds Comment / Statement

. SeeSec3.17C.E.PCommittee lacks community representation.Committee should include 2 communitymembers for each development to ensure localinput and equityAgree some aspect of local works is.

49 SeeSec3.17C.E.Pappropriate and some other than in the localarea, but question whether all funds should goon capital works. Other aspects of communitylife may require funding, eg historical

I t

societies

A fully copy of all submissions has been provided as an Attachment to allCouncillors.

As some major changes have been made it is advisable that the documentation be re-exhibited for a period of 28 days.

Recommendation: That Council endorse the changes to Sections 3.17 CommunityEnhancement Program, Section 9.5 Wind Farms and AppendixA - Wind Farm Planning Agreement of the Upper LachlanDevelopment Control Plan 2010 and place the endorseddocuments on public exhibition for a period of 28 days.

AH. »a . . . .............a . . .. .

. . » . .

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

ATTACHMENTS

1. Submissions to ULDCP 2010 - (under separate cover) - DEP 1.2. Section 9.5 Wind Farms - ULDCP 2010 - DEP2.3. Section 3.17 Community Enhancement Program - ULDCP 2010 - DEP3.4. Appendix A - Wind Farm Planning Agreement - ULDCP 2010 - DEP4.

'sonTina DodsonDirector Environment and Plannins

A12. . ..

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

DEP2

9.5 Wind Farms

Ihe^ouj)wi^g. Provisions must be addressed when designing a commercial windfarm in the Shire and preparing the development application.

For the purposes of this Plan, commercial wind power generation includes windpower generation turbine(s) or towers with a peak capacity of power rated output§reater than 10kw- The erection of a wind monitoring tower also requiresCouncil's consent.

Objectives

To provide development controls and guidelines that assist in achieving the.

objectives of the LEP,

To ensure sufficient information is included with each developmentapplication to enable proper assessment,

To minimise potential land use conflicts,J

To ensure road access and other issues are identified and sufficient.

mfonnatio, is mcluded with e.ch devdopm^t application to enable p^assessment, and

To,ensure Aat adequate Provisions are made to restore developed land at the.

end of the life of the development.

State Significant Development

^SLaLthe-,<!?1! ^f commencement of this Plan, the Minister for Planning hasdetermined that the followmg cntena are used for State Significant Development[as defined by Schedule 1 of State Environmental Planning Policy (MajorDevelopment) 2005]:

If the development has a capital investment value of more than $30 million,.

or

If the development has a capital investment value of more than $5 million and.

is located in an environmentally sensitive area of State significance.

Any development meeting these criteria, or any criteria which replace them, i IS

S!?u^-^0 -\odgie,ther.deve!opment aPPIication widl tille.Department of Planning.Developers should refer to the requirements of Part 3A of the Act.

Statement of Environmental Effects (SEE) or Environmental ImpactStatement (EIS)

The. devel°Pment application must be accompanied by a Statement ofEnvironmental Effects (SEE) or Environmental Impact Statement (EIS) dependmg

A13......

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

on the size of the proposal. Applicants should refer to the Act and associatedlegislation for the latest requirements for Designated and Integrated development.

The SEE or EIS as a minimum shall contain the following information:The location of the property, land contours, boundary dimensions and site.I

area. This should include a map of 1:25,000 scale showing the location of theproposed development, the route of transmission lines to the electricity grid(and include access road, pylon, gradient and erosion control assessments),the_service roads on and to the site, and the proximity to significant featuressuch as dwellings, environmentally sensitive land, prime crop and pastureland, forests, national parks, heritage items and aircraft facilities.

The site plan or plans showing positions of the proposed wind turbines, site.

boundaries, land contours, native vegetation, the proposed vehicular accesspoints, the location of existing and proposed vegetation and trees on the land,the location and uses of all existing and proposed buildings, power lines, sub-station and fences on the land.

A description of the proposed wind turbine/s, including all relevant details.

such as number, make, model, dimensions, generation capacity materials andcolour.

A land use description of the adjoining land and/or affected lands and.

landscape including assessment of the likely future impact.

A noise impact assessment demonstrating compliance with the Department of.

Environment, Climate Change and Water licensing requirements (whether alicence is required or not) which references the South Australian EnvironmentProtection Authority (EPA) Wind farms enviromnental noise guidelines (July?,?i^+<T^J^i^;^!LS^^!o^e!.a?L?^p.'^le^ momtonn8program(s)tovalidate predicted noise impacts on neighbouring properties. The impact ofThe Van Den Berg effect is also to be considered.

A description and assessment of the visual effects includmg photomontages,.

plate or panoramic photomontages, computer assisted photo simulations orother graphic rqn-esentations of the appearance of the wind turbines andfransmission lines. ^lewshed modellmg via the use of a suitable GIS (e.g.Maplnfo") is encouraged. Shadow prediction and shadow flicker

assessments shall be included in the visual assessments).

An evaluation of the electromagnetic radiation and/or interference from the.

wind turbmes and/or transmission lines. This should include impacts onhuman and animal health and local television and radio reception and otherlocal communications.

^J!^^<i^o^^?^i.an^-^!ronm.fntal mana8ement Plan incorporatingu

?^S?^s!d.^a??g olthe.project' er?si,on alldsedimentation controls, heavyvehicle movements, site access including all service roads, transmission

A14. . . . . ......... . . ..

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

towers, substation, underground wiring, construction phase impacts includingfacilities, waste disposal, stafE7contractor numbers etc, weed control, farmimpacts and all other works.

An evaluation of flora and fauna impacts with specific mention of migratory.

species potentially impacted by the development. Where the development isinclose proximity to known habitats of threatened species, early consultationwith the Department of Environment, Climate Change and Water is highlyrecommended.

A decommissioning and site restoration plan and program..

All of the relevant issues in the Planning NSW EIA Guidelines and the NSW.

Wind Energy Handbook (NSW Department of Industry and Investment)current at the time of the application (Please note that this Handbook waspublished in 2002 _ and some information is no longer valid. In particular, thereader is advised to seek updated information regarding 'The -wind energymarket' (Section 3) and 'Planning issues for -wind farms in NSW (Section 5).

Demonstration that all issues raised by relevant Agencies have been.

addressed (e.g. CASA for aviation safety, SCA for water quality issues etc.)The heritage significance of the site and surrounds. Reference shall includea

Council's LEP, the Heritage Branch, Department of Environment, ClimateChange and Water, the National Trust of Australia and the AustralianHeritage Council (Australian Government). The Wind Farm and HeritagePolicy (Draft) prepared by the former NSW Heritage Office shall also bereferenced.

An assessment of any risks involved m soil disturbance, including.

contamination impacts on hydrology and archaeological issues.

Assessment of the development regarding all relevant legislation and.

applicable policies. See item (q) of this Plan for some of these listings.

Note 1: Applicants are encouraged to keep the local community fully informedthroughout their design process.

Note 2: Additional information may be required depending upon the circumstancesof the development proposal and level of detail. and accuracy provided within thedevelopment application.

Controls

The following must be included as part of the design criteria and assessment of anyrelated development application:

The development should be sited and cairied out to minimise impacts on, ora.

restrictions to grazing, farming and fiorestry practices;

A15..................a

.........

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

b. The development should be carried out in a way that minimises any physicaladverse effects on adjoining land and the development site, including, but notlimited to:

(i) land degradation

(ii) alteration to drainage patterns

(iii) pollution of ground water

(iv) spread of noxious plants and animals, and(V) bushfire hazard

c. The developer must assess the visual impact of the project including anassessment of scenic value. The developer must consult with the Councifandthe community on appropriate visual impact measures;

d. The developer must assess the cumulative impact of the development havingregard to wind farms in existence and those approved but yet to beconstructed. Council does not favour large expanses of ridgelines beingcovered with wind farms and turbines;

Proposed wind turbines shall comply with the South Australian Environmente.

Protection Authority Windfarms ^environmental noise guidelines (July 2009)or any replacement guidelines. Note that where noise levels are found toexceed those guidelines. Council may require remediation work such as thecessation or decommissioning of the turbines to reduce fhe noise impacts onsensitive receptors such as non-related dwellings. The developer shall alsofurnish all data that has been collected on Infrasound levels that would occur

at a representative sample of neighbouring non-host residences;

f. Turbines shall not be located within 3.0 kilometres of any dwelling notassociated with the development or from any lot upon which a dwelling maybe constructed. The 3.0 kilometre setback proposes utilising a precautionaryprinciple in addressing perceived visual and health concerns;

g- Tu,rbines. shall not be located within a distance two times the height of theturbine (including the tip of the blade) from a formed public road. A greaterdistance may be required by the road authority

h' Tu^ine/s.sha11 not be located wlthin a dista"ce two times the height of theturbine (including the tip of the blade) from a non-related property boundary;

L Existi^g.al?d Pr°P°sed scrcenings may be used to minimise visual impacts tonon-related properties. However, due lo the height of turbines, screening isnot the preferred method of minimising visual impact. Turbines shall belocated in positions so as to have minimal visual impact on nearby properties,especially existing dwellings and lots on which dwellings may beconstructed;

A16. . .

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

<

Turbine locations are to be sensitive to existing related dwellings on the.

subject site. Noise and shadow flicker should be minimised and turbinesshould not be located in close proximity to existing dwellings;

k. Turbine locations shall not surround a non-related property. Turbines shall belocated with the specified setbacks from property boundaries to minimise thevisual impact of the development on adjacent and nearby non-relatedproperty Cumulative impacts, having regard to existing tuAines and turbinesapproved but yet to be constructed, should be assessed;

1. A communications study should identify the existing status ofcommunications and detail the proposed method of dealing with potentialcommunication interference. Developers are advised that many parts of theUpper Lachlan Shire have very poor radio, TV, mobile phone, two wavrecqrtion and the like. The development should not detract from the receptionof any of these or other communication methods. Where necessary, it may berequired to install additional services (boosters/communication towers/ re-

transmission towers etc) to maintain such services in the vicinity of thedevelopment. Where this is determined to be necessary, the work andequipment shall be at the developers cost;

m. Construction vehicles, includmg concrete b-ucks, carriers of turbinecomponents, and related heavy vehicles (includmg relevant contractors) shallonly travel on an approved route. This route shall be identified and approvedin accordance with this Plan;

A report detailing investigations into the impact of construction vehiclesn.on

the proposed route shall accompany the development application. Detailedroad condition rq>orts wiU be required as part of any consent. Councilrequires the use of the ARRB 'laser car' and 'gypsy camera' for this puipose;

°" P0^?011 wiu requirc road works to cope with the over size and overweighttraffic movements related to the construction of a wind farm. Bonds wilfakobe required for any potential damage to roads during the construction phase.The^ road works and bond amounts will be detemiined by Coimcilprofessional staff, but will be determined generally by the length of road andcondition of road surface/base bridge, drainage etc relevant to the selectedroute. Where road works aredetermined^necessary for the development, costsassociated with the road works shall be the developer's responsibility;

p. The construction and maintenance of internal roads (roads within the propertysubject fte development)^! be Ac ^spon.ibili.y of Ae d.,elop^.Council will_require proof that they have been adequately designed andconstructed for their purpose. Council and relevant State GovernmentAgencies shall be provided with adequate information about Acenvironmental aspects of the internal road construction;

q All infrastructure related to the wind farm should be included in the.

development application. Management of temporary facilities, waste,numbers of contractors/employees, etc, should be part of the Development

A17a .

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Application information. All infrastructure should be located in low visualimpact locations and interconnection cables/wiring and the like should beunderground;

r" ?,eve;l(3)ers sh^11 consider and rcfer to the Department of Planning's NSWWind Energy Environmental Impact Assessment Guidelines, the NSW WindEnergy Handbook, Best Practice Guidelines for implementation of WmdEnergy projects in Australia (AusWEA), South Australian Environment^ta?on..AU'hoAywindfams.mvnCTmmla' noi8c ^^ W2009)and .11 ote^levant polices andjegislatio, appli<»ble to Ae p.opo.eddevelopment. Reference to relevant Council policies and documents shall alsobe made;

If appropriate, the development application should mclude details of as.

viewing area where safe vehicle and pedestrian movements can view thewind farm. The developer should liaise with relevant officers of Council 5

s

Works and Operation Department and the RTA regariing any proposedviewing area;

t wi,thin slx months of tfae wind turbine generators ceasing to operate, anyrights ofcamageways that were created to enable maintenanceto "beconducted on Ac »MtuAine gen^o,. «e .0 b. .xtinguished by tedeveloper and the land made good, unless otherwise a^eed with thelandowner.

u. withln twelve months of the wind turbine generators ceasing to operate, they^.-_t^-1b^.-fliHy.di,sm,an!led, arl^ removed from Ae site. A securityguarantee/bond is to be lodged with the consent authority (prior to any workcommencing on-site) in an amount determined by the consent authority tocover the cost of dismantling and removal of the turbines; and

v. Details of the proposed connection to the electricity reticulation network shallbe included as part of the Development Application Envii^menta;Assessment.

Other Aspects

Notification

Onlodgementofthe DA, Council will notify property owners within a 5 kilometreradius ofAe development in addition to the requirements outlined in Section'3:H?i^-e.-?cr-'^l,.submission!3.rcceive<! wnl be Presented to the CoimcU(or theMlmster) for their consideration in the assessment and determination process.Where Council is the consent authority. Council will hold a notificatifon~ands^-^^t le?^m6° d?2mdwiu ^WK ?.e.dev.l<,e,.o-ko.daminimum of one public information night during the exhibition and submissionp.nod^edevdope, shall undertake additiond consultotion wiA & conmuni.yand affected property owners.

Community Enhancement Proeram

A18. . ..»........ . .. . ...

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Prior to _the commencement of constmction, the proponent is to prepare aCommunity Enhancement Program prepared in consultation with Ae tocalcommunity and Council to be funded by the proponent at the rate of $1,666 perconstructed turbine per annum (indexed to the consumer price index for Sydney AllGroups commencing at Ifae Sq)tember 2010 quarter).

Infrastructure

^?.-ofi-^ou^ci!'E' I;oad, network is generally not capable of sustaining theoverweight loads involved with wind farms and will require substantial upgradmgto accommodate thewln<^ .fannc?D^tructl,onve^lc^es'B^n^s wi^1 be required toensure any road damage is repaired to Council's satisfaction. Such bonds arepayable prior to commencement of any works on the site.

Consultation with State GovemmCTLAuthorities

Proponents are advised to consult with public authorities that may have a role inassessing their development application. Council may consult the followingAgencies in connection with the development application:

Department of Planning.

Heritage Branch (Department of Planning).

Department of Environment, Climate Change and Water.

Primary Industries (Department of Industry and Investment).

Roads and Traffic Authority of NSW (Department of Transport and.

Infrastructure)

Sydney Catchment Authority (SCA).

The relevant Catchment Management Authority.

Civil Aviation Safety Authority (CASA).

Australian Rail Track Corporation.

NSW Rural Fire Service (Department of Police and Emergency Services)»

Other agencies and community groups may also be consulted. It is recommendedthat the proponent identify and consult with local groups that may be interested intheir development prior to lodgement of the development application.

A19. . .

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

DEP3

3.17 Community Enhancement Program

To provide guidelines in respect to State Significant development regarding thekvel ofmone^»nbibution ^d opemtio. of . Conmurity EnhanceProgram (CEP) within the Shire.

^^^i^f^^^^?!zf..^o??^uni-t^_af^ed by devel°Pment proposals toenhance the community's quality of life and well being.

^^ ^latttf^^^l.l^J^ts*i.ha^.^eJ?o^!ial.t? ?°ftray °.r impart a negativeeffect on the attractiveness of the Shire to potential and existing residents, h aneffort to offset the potential negative effects of some of these developments,Council proposes to implement a CEP.

^Taralga Landscape Guardians Inc v Minister for Planning and Ors (2007)161 LGERA 1 the Court recognised that the balancing of public and privateinterests was a central aspect of the decision-making process and said:

"Resolving this conundrum - the conflict between thegeographically narrower concerns ... and the broader public goodof increasing a supply of renewable energy - has not been easy. "

In Gullen Range Wind Farm_ Pty Limited v Minister for Planning [2010] NSWLEC1102 both the Department of Planning, at first instance, and later the Court requiredthe proponent to develop and implement a Community Enhancement Program.

Similarly, it is not uncommon for the Department of Planning with Major Projectsto require a proponent to enter into a planning agreement to provide a CommunityEnhancement Program.

Through its Commumty Enhancement Program, Council aims to:

address issues directed at improving the quality of life for the people of the.

Shire, and

l>e_pre?a^ to a<lvocate fw reasonable contributions towaids the provision of.

community facilities and services fi-om developments having a significantsocial impact on the community

Implementation

Council will be the custodian of the funds and to distribute and expend the funds inaccordance with the Local Government accounting regulations.

Projects will be as agreed on a consensus basis by a Committee comprising:Mayor - Upper Lachlan Shire Councils

General Manager - Upper Lachlan Shire Council

Non-host Community Representativet.

A20. . . ..

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Authorised Representative of Funding Organisation (if required) or.

alternatively a Host Community Representative

Council will submit to Ae State Government that any approvals granted for majordevelopments address their adver.e local effects. TTiese developments have theMinister for Planning as the consent authority.

Council will aim to ensure that developments make tangible contributions to localcommunity development through contributions to the CEP. These contributionswill take the form of monetary contributions.

Council will aim to allocate contributions to projects that provide mitigationmeasures in areas located within 5 kilometres of a turbine. Other projects greaterthan 5 kilometres will be considered on their merits.

Council will publicly advertise in the Council Voice newsletter and in the localnewspapers the availability of funds on an annual basis generally during February /March each year lo call for submissions from the public / community groups /interested bodies, etc fur specific projects.

^^^^^P.n^^tl\^^?^1tTl^i^^^^^^^'<»CTt^^^?^?^n«-<^'^*/«.'^^^?^^^..-l^^^^^^,^ Al.^recommendation from the Committee) which project(s) are funded based on theavailable^ funds and_the nexus of the location of the requested project(s) to thecontributing wind farm development and advertise them in the draft annualOperation Plan (which may include any proposed operational or capital projects) inthe Council Voice newsletter and in the local newspapers for public comment for aperiod of at least 28 days.

Council will subsequently adopt the draft Operational Plan (if any proposedoperational or capital projects are to be funded and subject to any changes due topublic comments/submissions) which becomes the program to be completed duringthe forthcoming financial year.

Council will publicly acknowledge the contribution from the wind farm project inthe Council Voice newsletter and in the local papers for projects where appropriateand a permanent sign can be erected recognising the funding if required.

In some circumstances Council will make direct financial contributions to serviceproviders through one off donations or ongoing support.

Council will consider joint ventures with other local government, State and Federalgovernments as well as community organisations and facilities.

The form of condition which is proposed is as follows:

"Financial Contribution to Upper Lachlan Shire Council for CommunityEnhancement

A21Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Prior to the commencement of construction, the Applicant shall enter into aplanning agreement with Upper Lachlan Shire Council in accordance withDivision 6 of Part 4 of the Environmental Planning and Assessment Act 1979 for afinancial contribution to Council for fhe purpose of community enhancement tomitigate the social, amenity and associated community infrastmcture requirementsemanating from the operation of the development.

The_Applicant shall each year contribute the sum of $1,666.00 per constructedturbine to the Community Enhancement Program, commencing upon thecommissioning of the project until the end of its life. The contribution shall beadjusted to take account of any increase in the Consumer Price Index (All GroupsIndex for Sydney) over time, commencing at the September 2010 quarter."

The legally binding agreement shall take the form of the agreement provided atAppencUx A - Wind Farm Planning Agreement.

Contributions

Council has adopted an annual contribution of $1,666.00 per turbine per annum(indexed to the CPI for Sydney All Groups commencing at the September 2010quarter) m respect of wind farms.

This is consistent with the quantum of contributions sanctioned by the Land andEnvironment Court in Gullen Range Wind Farm Pty Limited v Minister forPlanning [2010] NSWLEC 1102.

These _and ofher contributions are expected to be subject to negotiation withCouncil.

A22. . » . .............. ... . . . . . ....... . .........

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

DEP4

Planning Agreement

The Minister for Planning (if Part 3A)

The Upper Lachlan Shire Council

(Company)

A23..

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Contents

Table of contents

1 Definitions and interpretation 21.1 Definitions 21.2 Interpretation............................................................................ _______ __^^^ 3

2 Planning Agreement 4

3 Application of this deed 4

4 Operation of this deed 45 Payment of the Monetary Contribution 46 Overdue payments 57 GST 5

7.1 Interpretation 57.2 Reimbursements....^.................................................................________ 57.3 Additional amount of GST payable ......................................................................."..' 57.4 yariation"""-"""""-""-"-"--...------.-............................................;;..;;;.;.:zz^67.5 Exchange of non-monetary consideration ........................................................... e7.6 No merger 7

8 Community Enhancement Fund 78.1 Establishment of the Community Enhancement Fund 78.2 The Committee 78.3 Call for Funding Applications 78.4 Notification to Company 78.5 Allocation of Funds..................................................................... ,,,____^^^^ g8.6 Public Recognition ....................................................................................^^^^^^ 38.7 Auditing ....--.----.-................................................................."",..,,______ Q

9 Registration of Deed 810 Disposal by the Company of its interest in the Development 911 No fetter 912 Dispute Resolution 9

12.1 Notice of Dispute..........................................................................,,g12.2 ResponsetoNotice...................................................................... .,"______ g12.3 Negotiation............. ......................................................... _____^_^ g12.4 Further Notice if not Settled ....................................................................................'1012.5 Mediation.............................................................................,,..,............,.,;::;;;::;;^12.6 Litigation... ........................................................................... ,^;;_^ io12.7 Exchangeof information................................................................... ."___' ^'Q12.8 ContinuetoPerformobligations................................................................ ._"_ ^1-j

13 General 1113.1 Costs....................................................................................,.........,..,..,^....^n13.2 Notices.................................................................................. .._,___^^^^^13.3 Waiver 1113.4 Governing Law.....,.........................................................................,.:;_:;;;;;::;;;:;;;n13.5 Prior Agreements Superseded............................................................\___^^ 1213.6 Modification of Deed .............................................................................................^ 12

A24. . ...... ...... . .. .."5Mayor ^i^I?i?^i^s1 Contents 1

.......

entanager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Contents

13.7 Representations and Warranties............................................................................. 1313.8 Severability.................................................................................. _________ 1213.9 Confidentiality, Media Releases and Enquiries....................................................... 12IS.IOCounterparts................................................................................ ___________ i213.11 No Fiduciary Relationship ................................................................"....".".,,_ -]213.12 Further Acts..................................................................................."..,", ______ 1313.13 Entire Agreement................................................................................................:..: 1313.14 Enforcement................................................................................... ________ ___^313.15 Release and Indemnity....................................................................,.......;.;..:;;,::;; 13Schedule 1: Notice Details 14

Signing page 15

A25.........

......

Mayor ^I^Fii'^aei?S1^"&Iarinir Contents 2

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Planning Agreement

Date >

Between the parties

The Minister for Planning

ABN 38 755 709 681 of 23-33 Bridge Street, Sydney NSW 2000(Minister)

The Upper Lachlan Shire Council

ABN 81 011 241 552 of 44 Spring Street, Crookwell NSW 2580(Council)

(Company)

Recitals

2

This deed witnesses as follows:

A26Plarinln reementMayor Ge's^ page

anager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Definitions and interpretation

1.1 Definitions

The meanings of the terms used in this deed are set out below.

Term Meaning

Auditor an appropriately qualified accountant appointed by the Committee.

Committee the committee established to administer the CommunityEnhancement Fund in accordance with the DCP comprising theMayor, and the General Manager of the Council, Non-hostCommunity Representative and Authorised Representative ofFunding Organisation or host community representative.

Contribution Year means every 12 month period from 1 July in each year.

Construction has the meaning contained in the EP&A Act.Certificate

Development (Insert description).

Community the fund to be established and administered by the Council toEnhancement Fund imptement_the Community Enhancement Program in accordance

with the DCP.

Costs includes costs, charges and expenses, including those incurred inconnection with advisers.

DCP the Upper Lachlan Development Control Plan 2010 as amendedfrom time to time.

EP&AAct the Environmental Planning and Assessment Act 1979 (NSW) asamended from time to time.

Index Number the Consumer Price Index for Sydney All Groups forthe Septemberquarter or equivalent mdex published from time to time by theAustralian Bureau of Statistics.

A27reemenf page 2Mayor General Idanager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Term Meaning

Land (Insert description)

Local Projects any projects proposed to be earned out within the Upper LachlanShire Council local government area which are aimed at:

enhancing any aspect of the local environment including, butnot limited to, ameliorating any impacts from the Wind Farm; or

2 providing any community service or facility.

Monetary Contribution the amount of $1,666.00 per Operating Turbine as adjusted inaccordance with clause 5(b) of this deed.

Operating Turbine each wind turbine constructed and commissioned as part of theDevelopment during any part of the relevant Contribution Year.

Part 3A Approval project approval under section 75J of the EP&A Act. (if applicable)

Mediator a person appointed as mediator under clause 12.5 of this deed.

1.2 Interpretation

(a) Clause headings are for convenience only and will be ignored in theinterpretation of this deed.

(b) References to a party include the successors and permitted assigns of thatparty.

(c) Words importing the singular include the plural and words importing the pluralinclude the singular.

(d) Words importing a person include a corporation, firm or body corporate.(e) ^?!t!in-?_??_nt^.ined.in th.is deed wil1 be deemeclor construed as creating the

relationship of partnership.(f) References to a month mean a calendar month and a reference to a year

means a calendar year.

(g) References to any documert include any permitted amendment, supplement toor replacement or novation of the document.

(h) References to any legislation or to any section or provision of any legislationincludes any:

(1) statutory modification or re-enactment of or any statutory provisionsubstituted for that legislation, section or provision; or

(2) ordinances,_by-laws, regulations and other statutory provisionsubstituted for that legislation, section or provision.

(i) Other grammatical forms of defined words or expressions have correspondingmeanings.

A28.......

Mayor Gener'.l1 page3Barinl reemeritanager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

G) 'Including' and similar expressions are not words of limitation.

2 Planning Agreement

The parties agree that_this_d_eed is a planning agreement governed by Subdivision 2 ofDivision 6 of Part 4 of the EP&A Act.

3 Application of this deed

This deed applies to application for development consenVPart 3A approval (asappropriate) made in relation to the Development which is proposed to be constructed onthe Land.

4 Operation of this deed

The parties agree that this deed will not operate or bind the parties unless and until thelast of the following to occur:(a) Development consent/Part 3A approval is granted to the Development; and(b) the Company obtains a Construction Certificate for any part of the

Development.

5 Payment of the Monetary Contribution

(a) The Company must pay to the Council the Monetary Contribution in arrears on1 July of each year for each turbine which was an Operating Turbine during thepreceding Contribution Year.

(b) The parties agree that the Monetary Contribution will be reviewed on 1 July ofeach year in accordance with the following formula:MC=AXB

c

Where:

MC = the Monetary Contribution payable for the following Contribution Year;A = the Monetary Contribution payable during the Contribution Year just ended;B = the Index Number last published before the end of the Contribution Yearjust ended;and

C = the Index Number last published before the commencement of theContribution Year just ended.

(c) The obligation of the Company to pay any Monetary Contributions under thisdeed will cease on the date which all of the Operating Turbines aredecommissioned.

(d) The parties agree that the Monetary Contribution paid in accordance with thisdeed will have the public purpose of facilitating approved Local Projects.

A29Mayor g's reement page 4nnin

ne anager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

6 Overdue payments

(a) In addition to the Monetary Contribution the Company agrees to pay intereston any amount payable by it under this deed from whentt becomes'due forpayment, during the period that it remains unpaid, on demand or at timesdetermined by the Council Committee, calculated on daily balances. Therate to be^pplied to each daily balance is the rate 2% per annum above theBank Bill Rate.

(b) ln!ere^ wxh.ic.hls.l?ot ^ai<? whendue for payment may be capitalised by theCouncil at intervals which the Council determines from time to time or, if nodetermination is made, then on the first day of each month. Interest ispayable on capitalised interest at the rate and in the manner referred to inthis clause.

(c) The Company's obligation to pay the outstanding amount on the date itbecomes due for payment is not affected by any other provision of this deed.

(d) If a liability under this deed becomes merged in a judgment or order, then theCompany agrees to pay interest to the Council on'the'amount of that liabilityas an independent obligation This interest accrues from the date the liabilitybecomes due for payment both before and after the judgment or order until itis paid, at a rate that is the higher of the rate payable under the judgment ororder and the rate referred to in this clause.

7 GST

7.1 Interpretation

(a) Except where the context suggests otherwise, terms used in this clause 7have the meanings given to those terms by the A New Tax System (Goodsand Services Tax) Act 1999 (as amended from time to time).

(b) In this clause 7, "monetary consideration" means any considerationexpressed as an amount of money, "non-monetary consideration" meansany consideration that is not monetary consideration, and "non taxablesupply" means a supply that is not a taxable supply.

(c) Any part of a supply thatjs treated as a separate supply for GST purposes(including attributing GST payable to tax periods) will be treated as aseparate supply for the purposes of this clause.

(d) A reference to something done (including a supply made) by a party includesa reference to something done by any entity through which that party acts.

7.2 Reimbursements

Any payment or reimbursement required to be made under this deed that is calculatedby reference to a cost, expense, or other amount paid or incurred will be limitedTo'thetotal cost, expense or amount less the amount of any input tax credit to which an entityis entitled for the acquisition to which the cost, expense or amount relates.

#

7.3 Additional amount of GST payable

^.libJlTclt.??_'S!>au??_7"5'- '^GST^ becomes payable on any supply made by a party("Supplier") under or in connection with this deed:

A30Mayor Sene?^anage^ page5

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

(a) any amount payable or consideration to be provided under any provision ofthis deed (other than this clause), for that supply is exclusive of'GST;

(b) any party ("Recipient") that is required to provide consideration to theSupplier for that supply must pay an additional amount to the Supplier equalto the amount of the GST payable on that supply ("GST Amount"), and:

(1) where that GST Amount is payable by the Council, the GSTAmount will be limited to the amount of the input tax credit (if any)to which the Council is a member) is entitled in relation to theCouncil's acquisition of that supply and is payable within 5business days after the Council has received the benefit of thatinput tax credit; and

(2) in any other case, the GST Amount is payable at the same time asany other consideration is to be first provided for that supply; and

(c) the Supplier must provide a tax invoice to the Recipient for that supply. nolater than the time at which the GST Amount for that supply is to be paid inaccordance with this clause.

7.4 Variation

(a) If the GST Amount properly payable in relation to a supply (as determined inaccordance with clause 7.3 and clause 7.5), varies from the additionalamount paid by the Recipient under clause 7.3, then the Supplier will providea corresponding refund or credit to, or will be entitled to receive the amountof that variation from, the Recipient. Any payment, credit or refund under thisclause 7.4(a) is deemed to be a payment, credit or refund of the GST Amountpayable under clause 7.3.

(b) The Supplier must issue an adjustment note to the Recipient in respect ofany adjustment event occurring in relation to a supply made under or inconnection with this deed as soon as reasonably practicable after theSupplier becomes aware of the adjustment event.

7.5 Exchange of non-monetary consideration

(a) To the extent that the consideration provided for the Supplier's taxable supplyto which subclause 7.3 applies re ^taxable supply made by the Recipient(the "Recipient Supply"), the GST Amount that would be otherwise bepayable by the Recipient to the Supplier in accordance with subclause 7.3shall:

(1) if the Supplier is the Council, be reduced by the amount of theinput tax credit (if any) to which the Council (or the representativemember of any GST group of which the Council, in any capacity,is a member) is entitled in relation to the Council's acquisition ofthe Recipient Supply; and

(2) in any other case, bereduced by the amount of GST payable bythe Recipient on the Recipient Supply.

(b) The Recipient must issue to the Supplier an invoice for any Recipient Supplyon or before the time at which the Recipient must pay the GST Amount inaccordance with clause 7.3 (or the time at which such GST Amount wouldhave been payable in accordance with subclause 7.3 but for the operation ofclause 7.5(a)).

A31........

lanni entMayor r^anac page 6one anager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

7.6 No merger

This clause will not merge on completion or termination of the deed.

8 Community Enhancement Fund

8.1 Establishment of the Community Enhancement Fund

(a) I^?^.nc.iLT-u.sl^01? an.d.apply al! Monetary Contributions paid by theCompany under this deed in accordance with this clause 5(d).

(b) I^^.L!in^il_T^!-inve.s,t a11 Monetary Contributions paid by the Company underthis deed in an interest bearing account held in the name of the Council for thepurpose of the Community Enhancement Fund.

8.2 The Committee

(a) The Council must establish the Committee on or before the date on which thefirst Monetary Contribution is paid under this deed.

(b) The Company agrees not to have a representative on the Committee.(c) The Council must procure that the role of the Committee includes:

(1) to determine the form in which_applications for funding for LocalProjects from the Community Enhancement Fund are to be made;

(2) to determineapplications for funding for Local Projects from theCommunity Enhancement Fund; and

(3) to appoint the Auditor as required by clause 8.7(a).

8.3 Call for Funding Applications

During:

(a) February to March jn each year in which there are funds in the CommunityEnhancement Fund; or

(b) any further period determined by the Committee,

the Council must publicly advertise in the Council Voice newsletter and in the localnewspapers the availability of funds in the Community Enhancement Fund and'to'call forapplications to be made to the Committee, in the form required by the Committee, fromthe-'>ubICLCOmmu"">' °ro"PS and indh"d"* f°' <""di"8 f°r Local P^s (Fun-dingApplications).

8.4 Notification to Company

The Council must procure that the Committee:

(a) 2.?t.!fiT^-t^compa,ny.of.each aPPIication made for funding for Local Projectsfrom the Community Enhancement Fund;.

(b) if requested by the Company, consult the Company in relation to applicationsmade for funding for Local Projects from the Community Enhancement Fund,- .

and

(c) notifies the Company of each Local Project which is to be funded from theCommunity Enhancement Fund including the amounts of any funding;

A32. . . .. .

Mayor ..... "^r^j^-j^j^ page?

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

8.5 Allocation of Funds

The Council must pay funds from the Community Enhancement Fund to each LocalProject approved by the Committee for funding from the Community Enhancement'Fundin accordance with the determinations made by the Committee.

8.6 Public Recognition

(a) If requested by the Company, the Council must publicly acknowledge:(1) the payment of the Monetary Contribution by the Company; and(2) the Company's role in funding any approved Local Projects via the

Community Enhancement Fund.

(b) I.tle/f^-<?fP^I^-aS!<n_owledg/me.nt recluired by dause 8.6(a) is to be agreed bythe Council and the Company (acting reasonably) but may include:(1) the inclusion of the Company's logo in any advertisement for Funding

Applications or an announcement made in relation to the approvedLocal Projects and funding determinations; and

(2) where appropriate for particular approved Local Projects, a permanent^^^e_c-ogn.islr!9.t!lat the aPProved Local Project was funded by theCompany via the Community Enhancement Fund.

8.7 Auditing

(a) During each year in which there are funds in the Community EnhancementFund, the Committee must appoint an Auditor to reconcile:(1) the Monetary Contributions paid by the Company under clause 5; and(2) any payments made by the Council in accordance with clause 8.5,and identify any corrective payments required.

(b) ^h!.e«C.^T-p.a!1y^n^thecouncil Tust make any corrective payments identified bythe Auditor as being necessary to reconcile the Community Enhancement Fund.

(c) The costs of the Auditor will be paid out of the Community Enhancement Fund.

9 Registration of Deed

(a) The Company agrees to procure the registration of this deed in the relevant folioof the register for the Land in accordance with section 93H of the EP&A Act andthis clause 9.

(b) The Company, at its expense and risk, as soon as reasonably practicable (but!n.-an-ye_v?n!.nol^tert,han 30. days:afterthe date of this deed)'take all practicalsteps and otherwise do anything that the Council/Minister (as appropriate)reasonably requires:

(i) to procureA. the consent of each person who:

1) has an estate or interest in the Land registeredunder the Real Property Act; or

2) is seized or possessed of an estate or interest i inthe Land; and

ASS.......... ......

Mayor S ® pages

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

B. the execution of any documents; andc. the production of the relevant duplicate certificates of title, to

enable the registration of this deed under the Real PropertyAct 1900 (NSW) by the Registrar-General in the relevantfolio of the register for the Land in accordance with section93H of the EP&A Act; and

(ii) to procure registration of this deed in the relevant folio of the registerfor the Land in accordance with section 93H of the EP&A Act.

10 Disposal by the Company of its interest in the Development

?^.r.t?,-th^company clisPosin9 of any Part of its interest in the Development to any thirdparty, the Company must procure entry by that third party into a deed with the Counciland the Minister (as appropriate) on substantially the same terms and conditions'asthisdeed.

11 No fetter

Nothing in this deed shall be construed as requiring Minister or the Council (asf!.p.prc?l?riatTlto.^a!?y^ir19 that.would cause it to be irl breach of any of its obfigations atl^'-a.^-^i!h5>rutiimit?_t^o.n' nothin9 sha11 be construed as limiting or fettering in any waythe exercise of any statutory discretion or duty.

12 Dispute Resolution

12.1 Notice of Dispute

If a party claims that a dispute has arisen under this deed (Claimant), it must give writteny^! ^aww'-^lsw"!'lhemMy".^^^^its representative a person to negotiate the dispute (Claim Notice).

12.2 Response to Notice

within.20business days of receivin9the Claim Notice, the Respondent must notify theClaimant of its representative to negotiate the dispute.

12.3 Negotiation

The nominated representatives must:

(a) tT^^J?^1^ t^e-T^e^^??od_faith yvi.thin 10 business days after service bythe Respondent of notice of its representative; and

(b) use reasonable endeavours to settle or resolve the dispute within 15 businessdays after they have met.

A34Mayor y. fS^ reement

..

page 9anager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

12.4 Further Notice if not Settled

^lhf ^?U^JLn?^es^lY.ed_^t^inJ,5 business days after the nominated representativeshave met, either party may give to the other a written notice calling for determination ofthe dispute (Dispute Notice).

12.5 Mediation

The parties agree that a dispute shall be mediated if it is the subject of a Dispute Notice,in which case:

(a) the parties must agree the terms of reference of the mediation within 5 businessdays of the receipt of the Dispute Notice (the terms shall include a requirementthat the mediation rules of the Institute of Arbitrators and Mediators Australia(NSW Chapter) apply);

(b) the appointment of a Mediator will be agreed between the parties, or failingagreennent within 5 business days of receipt of the Dispute Notice, either partymay request the President of the Institute of Arbitrators and Mediators Australia(NSW Chapter) apply to appoint a mediator;

(c) the Mediator appointed pursuant to this clause 12.5 must:(1) have reasonable qualifications and practical experience in the area of

the dispute; and

(2) have no interest or duty which conflicts or may conflict with hisfunction as mediator, he being required to fully disclose any suchinterest or duty before his appointment;

(d) the Mediator shall be required to undertake to keep confidential all matterscoming to his knowledge by reason of his appointment and performance of hisduties;

(e) the parties must within 5 business days of receipt of the Dispute Notice notifyeach other of their representatives who will be involved in the mediation; »

(f) the parties agree to be bound by any mediation settlement and may only initiatejudicial proceedings in respect of a dispute which is the subject of a mediationsettlement for the purpose of enforcing that mediation settlement;

(g) in relation to Costs and expenses:(1) each party will bear their own professional and expert costs incurred

in connection with the mediation;(2) the Costs of the Mediator will be shared equally by the parties unless

the Mediator determines a party has engaged in vexatious orunconscionable behaviour in which case the Mediator may require thefull costs of the mediation to be borne by that party.

12.6 Litigation

If the dispute is not finally resolved in accordance with clause 12.5, either party is atliberty to litigate the dispute.

12.7 Exchange of information

The parties acknowledge that the purpose of any exchange of information or documentsor the making of any offer of settlement pursuant to this clause is to attempt to settle thedispute between the parties. No party may use any information or documents obtainedthrough the dispute resolution process established by this clause 12 for any purposeother than an attempt to settle a dispute between the parties.

ASS. .. ..

Mayor & .1 reement. *»

page 10'Ha'rininner anager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

12.8 Continue to Perform obligations

Each party must continue to perform its obligations under this deed, notwithstanding theexistence of a dispute.

13 General

13.1 Costs

The Company agrees to pay the Costs of the Minister and the Council (as appropriate) inconnection with:

(a) the negotiation, preparation and execution of this deed;(b) performing its obligations under this deed;and(c) the advertising and exhibiting of this planning agreement in accordance with the

EP&A Act.

13.2 Notices

(a) A party notifying or giving notice under this deed must do so in writingaddressed to that party in accordance with the details nominated in Schedule 1(or any alternative details nominated to the sending party by notice).

(b) A notice given in accordance with clause 13.2(a) will be deemed to have beengiven and received:

(1) if delivered, on receipt;(2) if posted, three business days after posting;(3) if sent by facsimile on confirmation of the correct transmission of the

facsimile; and

(4) any notice received after 5.00 pm or on a day not a business day shallbe deemed to have been received at 9.00 am on the next businessday.

13.3 Waiver

(a) The fact that a party fails to do or delays in doing, something the party isentitled to do under this deed, does not amount to a waiver of any obligation of,or a breach of obligation by, another party;

(b) A waiver by a party is only effective if it is in writing and signed by the partyagainst whom the waiver is claimed;

(c) A written waiver by a party is only effective in relation to the particular obligationor breach in respect of which it is given. It is not to be taken as an impliedwaiver of any other obligation or breach or as an implied waiver of thatobligation or breach in relation to any other occasion.

13.4 Governing Law

This deed is governed by New South Wales law and each party irrevocably submits tothe exclusive jurisdiction of courts exercising jurisdiction in New South Wales and courts

A36. . .

Mayor ^l?ir^l?l?^1^51i^ page 11""""Pfahnfri

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

of appeal from them in respect of any proceedings arising out of or in connection with thisdeed.

13.5 Prior Agreements Superseded

This deed:

(a) wholly replaces and excludes all prior agreements, correspondence,^T.^?!.io-n-s;LrT?^sel?.tation?' exPlanations and statements between the partiescovering or in connection with the matters covered by this deed;and

(b) ;st_he entire agreement between the parties in respect of the matters covered bythis deed.

13.6 Modification of Deed

No modification or alteration of any provision of this deed will be valid unless it . .

is inwriting and signed by all parties to this deed.

13.7 Representations and Warranties

The parties represent and warrant that they have power to enter into this deed andcomply with their obligations under the deed and that entry into this deed will not result inthe breach of any law.

13.8 Severability

(a) If any provision of this deed is invalid under the law of any jurisdiction theprovision is enforceable in that jurisdiction to the extent that it is not invalid,whether it is in severable terms or not.

(b) Clause 13.8(a) doesrot appjy where enforcement of the provision of this deedin accordance with clause 13.8(a) would materially affect the nature or effecfofthe Company's obligations under this deed.

13.9 Confidentiality, Media Releases and Enquiries

(a) The parties agree that the terms of this deed are not confidential and this deedmay be treated as a public document and exhibited or reported withoutrestriction by any party.

(b) Ill^T^^^ ?^,L?f-??lTr-f?!?rt^-r^t^t i?su?' pt^.blish or authorise anymedia release or advertisement concerning this deed;without obtaining theother part/s prior written approval (which approval may not be unreasonablywithheld).

3.10 Counterparts

This deed may be executed in any number of counterparts that together will constituteone instrument. A party may execute this deed by signing any counterpart.

13.11 No Fiduciary Relationship

^hin9_il^this.d?ed willbe co"strued or interpreted as constituting the relationshipbetween the parties as that of a partnership, joint venture or any form of fiduciaryrelationship.

A37......».

. . . . .

Mayor Gene.?ii^§i^si page 12Pfanrifng.Agreerhenfanager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

13.12 Further Acts

Each party must promptly execute all documents and do all things that another party fromtime to time reasonably requests to affect, perfect or complete this deed and alltransactions incidental to it.

13.13 Entire Agreement

The parties intend this deed to constitute the entire agreement and understandingbetween them in relation to the subject matters of this deed and agree that any prioragreements or arrangements between them relating to the subject matter of this deed arerescinded and have no further force or effect. No party can rely on an earlier document,anything said or done by another party, or by an officer, agent or employee of that party.before the date of this deed, except as permitted by law.

13.14 Enforcement

(a) This deed may be enforced by any party in any court of competent jurisdiction.(b) The Company covenants that it will not rescind or terminate this deed or make

a claim that this deed is void, voidable, illegal or unenforceable because acondition in a project approval requires the Company to enter into a planningagreement.

(c) The Company indemnifies the Minister and the Council (as appropriate) againstany liability, loss, claim, damages, costs and expenses (including legal fees,costs and disbursements on the higher of a full indemnity basis and'a solicitorand own client basis, determined without taxation, assessment or similarprocess) arising from or incurred in connection with the Company's breach ofany of its obligations under this deed.

(d) The indemnity in this clause is a continuing obligation, separate andindependentfrom the Company's other obligations and survives completion,rescission or termination of this deed.

(f) It is not necessary for the Minister or the Council (as appropriate) to incurexpense or to make any payment before enforcing the indemnity in this clause.

(g) The Company must pay on demand any amount it must pay under theindemnity in paragraph this clause.

13.15 Release and Indemnity

(a) The Company agrees that the obligation to pay the Monetary Contribution is atthe risk of the Company. The Company releases the Minister from any claim,liability or loss arising from, and Costs incurred in connection with, theCompany's obligation to pay the Monetary Contribution.

(b) The Company indemnifies the Minister and the Council against all liabilities orloss arising from, and any Costs incurred in connection with the Ministerenforcing the Company's obligation to pay the Monetary Contribution inaccordance with this deed and/or the Minister exercising the Minister's rightsunder or by virtue of this deed.

(c) The indemnity in this clause is a continuing obligation, independent of theCompany's other obligations under this deed and continues after this deedends.

ASS. . . ». ..

Mayor §ia ^ page 13

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Schedule 1

Schedule 1: Notice Details

The Upper Lachlan Shire Council

Address 44 Spring Street, Crookwell NSW 2583

Attention [insert]

Fax [insert]

Email [insert]

The Minister for Planning

Address 23-33 Bridge Street, Sydney NSW 2000

Attention [insert]

Fax [insert]

Email [insert]

Company

Address

Attention

Fax

Email

A39. . .. .

. * . .

Mayor &eMaeneag^ page 14

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Signing page

Executed as a deed

Signed sealed and delivered forThe Upper Lachlan Shire Councilby its attorney

sign here t ^

Attorney

print name

in the presence of

sign here ^Witness

print name

Signed sealed and delivered forThe Companyby its attorney

sign here ^Attorney

print name

in the presence of

sign here >Witness

print name

A40Mayor page 15

..

ementanager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL Signing page

Signed sealed and delivered forthe Minister for Planningby his attorney

sign here t-Attorney

print name

in the presence of

sign here &.Witness

print name

A41.. ». . . . PrannfrigAgreemenYMayor General

page 16nager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Author: Director Environment and Planning

Subject: Urban Addressing

File No: Fll/42

Precis: Requests have been received regarding monetary compensationfor having to change existing street numbers.

Budget: Approx $5,000 for 2011/2012

3. URBAN ADDRESSING

Council is in the process of reviewing the urban addressing system within theCrookwell township. Previously urban addressing within the Crookwell townshipwas undertaken on an ad-hoc basis.

Due to infill development occurring within the township, a proposed urban addressingprogram will be scheduled in the coming year.

In response to the proposed renumbering of Carrington Street, Crookwell, a numberof residents have raised concerns regarding the cost of having mail redirected,replacement of numbers attached to dwellings and mailboxes, and existing businessesto replace business cards, etc. As such, requests have been made for a financialcontribution towards to the costs incurred in attending to the above.

Council does not have an amount budgeted for in the current management plan forthese occurrences.

Recommendation: That:

1. Council will not provide for any financial compensation due to proposed urbanaddressing changes within the Shire.

Or

2. Council will consider a financial compensation amount to be considered in theDraft 2011/2012 Management Plan.

ATTACHMENTSNil

/Qsa.fsonTina Dodson

Director Environment and Planning

A42.. . . . ..... ....

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Author: Director Environment and Planning

Subject: 2009-10 Local Development Performance Monitoring

FUeNo: F10/840

Pr6cis: The NSW Department of Planning has released the 2009-10Local Development Performance Monitoring data.

Budget: Nil

4. 2009-10 LOCAL DEVELOPMENT PERFORMANCE DATA

The NSW Department of Planning has released the 2009-10 Local DevelopmentPerformance monitoring data for all Councils in NSW, listed below are the figurespertaining to Development Application determination times for Upper Lachlan ShireCouncil and for the Division of Local Government classification group code thatUpper Lachlan Shire Council has been classified as. A copy of the full report isavailable on the NSW Department of Planning web site: www.planning.nsw.gov.au -Local Development Performance Monitoring.

DLG DA MeanDA Mean DA DA S96Code Gross Net Median Median Mean

Gross Net GrossULSC 10 110 25 61 21 41

DLG Group Averages - Determination times for all Councils

DLG DA MeanDA Mean DA DA S96Code Gross Net Median Median Mean

Gross Net Gross10 56 32 28 19 36

Abbreviations and explanations of terms:

Mean gross determination time The average time taken to by Council todetermine a DA or S96 modification

application when time is measured from theday the application is lodged to the day theapplication is determined. No days areexcluded.

Mean net determination time The average time taken by a Council todetermine a DA or S96 modificationapplication when time is measured from theday the application is lodged to the day theapplication is determined and stop the clocktime and referral time are deducted.

A43. . .......... . .......a .......

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Median gross determination time The medium time taken by a Council todetermine a DA or S96 modificationapplication when time is measured from theday the application is lodged to the day theapplication is determined, No days areexcluded.

Median net determination time The median time taken by a Council todetermine a DA or S96 modificationapplication when time is measured from theday the application is lodged to the day theapplication is determined and stop the clocktime and referral time is deducted.

Recommendation: That Council receive and note the report as information.

ATTACHMENTS

Nil

fi 'cwonTina Dodson

Director Environment and Planning

A44.t

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Author: Senior Environmental Health & Building Surveyor

Subject: Proposed Dwelling - Development Application 130/2010

FUe No: DA 130/2010

Precis: Determination under Section 80 of the Environmental Planning& Assessment Act 1979 of Development Application 130/2010for the development of a dwelling at Lots 5, 6 & 7 Section 6 DP758104, 6 Binda Street, Bigga

Budget: Nil

5. DEVELOPMENT APPLICATION 130/2010 - DEVELOPMENT OF ADWELLING

Applicant: Mrs K Chalk

Owner: Mrs K Chalk

Date Lodged: 6th September 2010Property Lot 5 Section 6 DP758104, Lot 6 Section 6 DP758104 & Lot 7

Section 6 DP758104 - 6 Binda Street, BiggaZoning: RU5 Village Upper Lachlan Shire Council Local

Environmental Plan 20101

Mmimum Lot size: 4000m-

Details of ApDlication:

The proposal seeks approval for the development of a dwelling on the subject site.The application was submitted to Council after the adoption the Upper Lachlan ShireCouncil Local Environmental Plan 2010, which requires a minimum lot size of4000m2. However a Notice of Determination (Development Application 294/2005)was issued in relation to Lots 5 & 6 Section 6 DP 758104 of the subject property onthe 18/01/2006 securing a Dwelling Entitlement which lapsed on 18/01/2011. Theapplication was lodged prior to the lapse date of Development Application 294/2005.

An assessment of the application revealed that the proposed dwelling does not complywith Clause 3.1, 3.3 & 8.3 of the Upper Lachlan Shire Council Development ControlPlan 2010.

Correspondence regarding the subject development application is as follows:

th27I" September 2010 - Council letter sent to the applicant requesting the need.

for additional information to assess the application.

th. / December 2010 - Council letter sent in accordance with clause 47A of the^7

Environmental Planning & Assessment Regulations 2000, advising theapplicant that they must comply with the provisions of the letter dated the 27thSeptember 2010 or the shall submit a letter cancelling the application.

A45. .. ..

..........

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Council did not receive any correspondence in relation to the two letters.

On the 16th February 2011, the assessing officer (K Proudman) and Mrs K.

Chalk (owner) had a telephone conversation and the owner was advised shewill need to either submit the information or submit a letter to withdraw theapplication.

Council received a letter on the 18th February 2011 from the owner requesting.

an extension of time of 12 months to submit the requested information.

Council sent a letter dated the 23rd February 2011 refusing the extension of.

time and advising the applicant that a report would be prepared for the CouncilMeeting to be held on the 17th March 2011, recommending refusal due toinsufficient information being supplied to assess the application.

At the time of writing this report, no response has been received.

Recommendation: That:

Council refuse Development Application 130/2010 for a Dwelling at Lots 5, 6 & 7Section 6 DP 758104, 6 Binda Street, Bigga for the following reasons:

1. The proposal does not comply with Clause 3.1 & 3.3 of the Upper LacManShire Council Development Control Plan 2010;

2. The proposal does not comply with Clause 8.3 of the Upper Lachlan ShireCouncil Development Control Plan 2010;

3. Adequate information has not been provided with the application to enableCouncil to properly assess the development application.

ATTACHMENTS

1. Council Letter Dated 23rd February 201 - DEP5.2. Council Letter Dated 7th December 2010 - DEP6.

th3. Council Letter Dated 27In September 2010 - DEP7.

r\Th

M^-A-/

Katrina ProudmanSenior Environmental Health & Building Surveyor

A46........

.»......

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELD

Upy .; ^mw^wcBEWfisrELL|F"

D/

^

^'s% All correspondence addressed to the General Manager, PO Box 1 0, Crookwell NSW 2583if \ "<1 .-'h .-.

"took-wei; Oi.ice: 44 Spring Street, Crookwell NSW 2583 ^1

p: 02 4830 1000 | f: 02 4832 2066 ] e: [email protected] | www.upperlachlanjocal-e.nsw.gov.au.!

G'liininy Otice: 123 Yass Street, Gunning NSW 2581 ..t'" p

iy p: D2 4845 41001 f: 02 4845 1426 | e: [email protected]; v'-

Fars'tfo '"Wee: Taralga Community Service Centre, Orchard Street, Taralga NSW 2580ABN81 011 24156% p: 02 4840 2099 | f: 4840 2296 ] B: [email protected]

Environment and Planning Department ^w-v»* ^.ri^ -^. jl»- . ^

Reference: Development Application No. 130/2010

23 February 2011

K Chalk

C/- 39 Garland RoadBUNDANOON NSW 2578

Dear Madam.

REFUSAL OF EXTENSION OF TIME

Development Application: 130/2010 - Proposed DwellingLot 5,6 &7 Section S DP 758104 - 6 Binda Street BICSA

Council acknowledges receipt of your letter dated the 16th February 2011, received byth

Council on the 18"' February 2011, in regards to Development Application 130/2010 and therequest for an extension of time to submit information for the assessment of theapplication.

Council wilf not allow for the extension of 12 months to submit information in relation tothCouncils letters dated 271" September 2010 and the 7 December 2010.

As such, a report will be prepared for the Council Meeting to be held on the 17th March2011, recommending refusal due to insufficient information being supplied to assess theapplication.

Should you wish to withdraw the application, prior to the Council Meeting, it should benoted that the property will not attract dwelling entitlement due to the following reasons:

e The referenced lots do not meet the minimum lot size requirement of 4000m2under the Upper Lachlan Shire Council Local Environmental Plan 2010; and

.^ Development Application 294/2005 for 'securing dwelling entitlement' lapsed on the18/01/2011.

For further information, please contact Council's Environment and Planning Section, (02)48301000 during office hours.

Yours faithfully

[}Sr «n>

"^

K Proudman

Senior Environmental Health & Building SurveyorForlohn Bell

General Manager A47UpfWF-LaoWafl-Shire Council

General ManagerMayor

<f

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDS?TIBSD^C..,IZ RCH20UINCROELLr

Jpp^l amwe uoun

All correspondence addressed to the Genera) Manager, PO Box 42, Gunning NSW 2581.ti-^ /1^ **... ^<»

Crookwell Office: 44 Spring Street, Crookwell NSW 2583I

p: 02 4830 10001 f: 02 4832 2066 | B: [email protected] | www.upperlachlan.local-e.nsw.gov.auGunninc. Office: 123 Yass Street, Gunning NSW 2581

ry p: 02 4845 4100 | f: 02 4845 1426 | e: [email protected]

Taralga <3itice: Taralga Community Service Centre, Orchard Street, Taralga NSW 2580ABN 81 011 241 552 p: 02 4840 2099 | f: 4840 2296 | e: [email protected]),au

Please quote when responding Development application 130/2010

7 December 2010

Mrs Karyn ChalkC/- Post OfficeBinda StreetBIGGA NSW 2583

Dear Sir/Madam,

ENVIRONMENTAL PLANKING & ASSESSrtAE^T REGULATION 2000REQUEST FOR ADD'TIC^AL INFORMATION - CLAUSE 47A

Davelopment Application No: 130/2010

Property: Lot: 5 Sec: 6 DP: 758104,Lot: 6 Sec: 6 DP:758104, Lot: 7 Sec: 6 DP N

758104 - Binda Street BIGGA

Development: Dwelling

With reference to the above, I advise that the application has been held pending receipt ofadditional information, see Council's previous deferral letter.

In order to settle the application, you are requested to either:1. Comply with the provisions of the deferral letter da»ed 27 September 2010

(attached); or

2. Provide a letter canceling the application.

Should you cancel the application, then the appropriate refund of fees paid will be organised.Failure to comply with the details of point 1 above or withdraw the application within 14 davswill result in the determination of your application.

For further information, please contact Mrs Katrina Proudman of Council's Environment andPlanning Section on (02) 48301000.

Yours faithfully

S5B

For

John Bell/ fi

Upper Lachlan Shire Council A48. .. a

General ManagerMayor

A *'..'' ^«

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER ^LAN SHIRE COUNCIL HELDY'^-T^

THURSDAY, 17 MARCH 201 UN CROOKWELL».^

Upper LacHEan 5hi7'e Council t>

-» '1alr

»;t

All correspondence addressed to the General Manager, PO Box 42, Gunning NSW 2581k

K ^^

A . . /<..>-;Crookweil Office; 44 Spring Street, Crookwell NSW 25B3

-<

p: 02 4830 1000 | 1: 02 4832 2066 ) e: council®uppe)1ac*lan.nsw.gov.au | www.upperlachian.tocal-e.nsw.gov.au;7.g

Gunning Office: 123 Yass Street, Gunning NSW 2581 .'<

[y p: 02 4845 4100) 102 4845 14261 e: [email protected]^ 1

Taratga Office: Taralga Community Service Centre, Orchard Street, Taraiga NSW 2580ABN81011241BS2 . p: 02 4840 2099 ( 14S40 2296 | e: taotgacscQceinternet.com.au

Environment and Planning DeparimentHeference; Development Application No. 130/2010

27 September 2010

Mrs Karyn ChalkC/-Post OfficeBinda StreetBIGGA NSW 2583

Dear Sir/Madam,

FNVIRO.^EMTA; PlAi ~r-_ i£NV REGULATION ^.OCO - CIAUSE 5(tff r,r r- p /^

REQUEST FC.1 ADDIT!C^Al 'NrORf SAYIOW

I

.lopment Application o: 130/2010^-at,l_.

t'rot 8r£y: Lot: 5 See: 6 DP: 758104, Lot: 6 Sec; 6 DP:758104,Lot: 7 Sec:6 DP; 758104 - Binda Street B16GA

I

£)evc Jcpment: Dwelling

An assessment of your application has been carried out and I advise that the followinginformation must be submitted to Council to allow further consideration of your application:

f

1. Three copies of an amended site plan detailing the proposed rainwater tan' ff.»

complying with the Upper Lachlan Shire Council DCP 2010,45000 litres minimum fordomestic purposes and an addition 20,000 litres for fire fighting purposes; and

2. Three copies of amended plans detailing compliance with the BASIX Commitments,Details of all the commitments must be shown on the plans submitted to Council; and

3. Details of the proposed land apph'cation method for the on-site sewage managemenisystem, in accordance with the Waste Water Management Report prepared byGoulburn Water Systems {dated 16/06/2010);and

4. Complete the attached application form for the installation of a solid fuel heater. Thisshall include manufactures details of the proposed system to be installed; and

5. Amended manufactures details for the proposed construction of the dwelling. As ashed design is being constructed, a statement must be supplied from the designingstructural engineer detailing that the proposed shed can be used as a dwelling, thatthe proposed construction details support the use as a dwelling and comply with theBCA;

A49 . . N

General ManagerMayor

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Your early co-operation in this matter will be appreciated. Please provide this information no

later ton 21 days <nm> .hi, day. I. Is .d.ls«l th,, the aa.uu.y ." for this application hasbeen deferred pending receipt oftht's information.

For further information, please contact Mrs Katrina Proudman of Council's Environment andPlanning Section on (02) 48301000.

Yours faithfully

-jfc&Katrina Proudman

Senior Environmental Health & Building SurveyorFor

John Bell

General ManagerUpper lachlan Shire Council

f

A50........ . . ........

Mayor General Manager

. ^f-

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELD;'

Upper \JS'Sfff8^MtW^.&S!fSr ELLr*

^.^ .'I

< I^_ t^\

^-.tt\1A All correspondence addressed to the General Manager, PO Box 42, Gunning NSW 2581.» .^"«*.-'f

Croofa-rell Office: 44 Spring Street, Crookwell NSW 2583P: 02 4830 1000 | f: 02 4832 2066 | e: [email protected] | www.uppertachlan.loca!--I

I

e. nsw.gov.au/ t

Gunnirtg Office: 123 Yass Street, Gunning NSW 2581'l<>;.''^y p: 02 4845 4100 ) f; 02 4845 1426 | e: [email protected] Office: Taralga Community Service Centre, Orchard Street, Taralga NSW 2580

ABN 81 011 241 552 P: 02 4840 2099 f f; 4840 2296 | e: [email protected]

-.

Environment and Planning DepartmentReference: Development Application No. 130/2010

27 September 2010

Mrs Karyn ChalkC/- Post OfficeBinda StreetB16GA NSW 2583

Dear Sir/Madam,

ENVIRONMEW l-AL PU» WmG & ASSESSMENT REGULAT'ON 2003 - CLAUSE MREQUEST FOR ADDITIONAL INFORMATION

Development Application f^o: 130/2010

Property: Lot: 5 Sec: 6 DP: 758104, Lot: 6 Sec: 6 DP: 758104,Lot: 7 Sec:6 DP: 758104 - Binda Street BIGGA

Development: Dwelling

S-!ls^lT!nt^You.r_afflli?ati^"has.bee^carried out and ' advise that the followinginformation must be submitted to Council to allow further consideration of your application:

Three copies of an amended site plan detailing the proposed rainwater tank1.

complying with the Upper Lachlan Shire Council DCP 2010, 45000 litres minimum fordomestic purposes and an addition 20,000 litres for fire fighting purposes; and

2. Three copies of amended plans detailing compliance with the BASIX Commitments.Details of all the commitments must be shown on the plans submitted to Council; and

3. Details of the proposed land application method for the on-site sewage managementiystlm'_.'?..acco?ance ^th the-^!te-vvater Manaeeme"t Report prepared byGoulburn Water Systems (dated 16/06/2010);and

4. Complete the attached application form for the installation of a solid fuel heater. Thisshall include manufactures details of the proposed system to be installed; and

5. Amended manufactures details for the proposed construction of the dwelling. As ashed design is being constructed, a statement must be supplied from the designingaructur.1 engineer detalUng th,, the proposed shed can be used as , dwelling,"^the proposed construction details support the use as a dwelling and comply wTth'theBCA;

A51. . . . . ......

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Your early co-operation in this matter will be appreciated. Please provide this information no

LT tta;"^tomu"s.d'v;n.ls.advBed.tha<the statu'°rv"- ^ ^ appHc^n.a:been deferred pending receipt of this information.

For-furtherinformation'pleasecontact Mrs Katrina proudman ofCouncirs Environment andPlanning Section on (02) 48301000.

Yours faithfully

s^.d

Katrina Proudman

Senior Environmental Health & Building SurveyorFor

John Bell

General ManagerUpper Lachlan Shire Council

A52. . . ...... . .......... . .. .

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Author: Senior Environmental Health & Building Surveyor

Subject: Complaint of unapproved building work and on-site sewagemanagement

File No: D 11/4

Precis: Result of investigation of a complaint from Sydney CatchmentAuthority alleging unapproved building work andunsatisfactory on-site sewage management at 2453 TowrangRoad Big Hill

Budget: Nil

6. UNAPPROVEDBUILDING WORKAND ON-SITE SEWAGEMANAGEMENT

On 16 June 2010, Council received a letter from Sydney Catchment Authorityalleging that on the subject land 1) a condition of development consent for thedwelling requiring effluent disposal via trenching with a minimum base area of 40square metres had not been complied with and 2) a toilet block had been erected inassociation with a private chapel with 2 flushing toilets but no visible on-site sewagemanagement system.

As the premises are not permanently occupied and the gate is locked, a letter was sentto the owners on 12 July 2010 requesting contact to allow an inspection. No responsewas received. In a telephone call to one of the owners on 2 November 2010 claimedshe had not received the letter. A copy was sent that day. There was still no responsenor was there a response to a message left on her answering machme on 22 November2010.

A notice of intention to enter the premises was served on 5 January 2011. There wasno response to this either and on 21 January 2011 the premises were inspected.

The inspection did not find any problem with the effluent from the dwelling but didconfirm the installation of a male and female toilet building with no apparent on-sitesewage management system in connection with the private chapel.

The owners have been served with notices of intention to serve an order under 1) theLocal Government Act to not use or permit to be used a human waste storage facility(the water closets) and 2) the Environmental Planning and Assessment Act todemolish the toilet block.

Recommendation: That Council receive and note the report as information.

ATTACHMENTS

Nil

m1.

en

Senior Environmental Health & Building SurveyorASS. .. .

. . ...... ...............a

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Author: Environmental Services Officer

Subject: Development Statistics for the month of February 2011

FUe No: F 10/849-02

Pr6cis: Report on the activities of Development Applications

Budget: Nil

7. DEVELOPMENT STATUS REPORT

The following table outlines the type and value of new development.

Statistics by Development Type

Current Year Last year

Year to Date Year to dateDA Type February 2011 February 20101/7/2010-28/2/2011 1/7/2009-28/02/2011

Count SValue Count SValue Count SVaIue Count SValueCommercial 0 3 $575,000 0 0 7 0

Residential 11 $2,492,263 71 $10,883,006 22 $3,137,700 96 $11,945,764Industrial 0 0 0 0 $200,000Other 0 24 $516,000 2 $75,740 13 $1,143,416Total 13 $2,492,263 87 $11,974,006 24 $3,213,440 117 $13,288,180

Subdivision

Type Count Lots Count Lots Count Lots Count Lots

Residential 0 0 4 0 0 48

Rural Residential 2 14 74 0 0 16 106

Commercial 0 0 0 0 0 0 0 0

Industrial 0 0 0 0 0 0 0 0

Boundary 0 0 2 0 0 0 0AdjustmentStrata 0 0 0 0 0 0 0 0

Agricultural 0 0 0 0 0 0 2 6

Total 1 2 17 80 0 0 19 160

A54. . .

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

1. Development ApDlications

The level of development applications received is detailed in the following graph.

250 vr^

200 1^

-1

7150+

2009/2010^1<

^ 2010/2011100 <

50- -I

0

^ ^c/- 0°" ^ ^ ^ <^^ ^^ ^^

The current level of development activity being assessed is summarised in thefollowing table:

DAs under assessment DAs received February DAs determined February2011 2011

22 14 14

The average determination processing time is for the month of February was 24 days.

The determinations issued from 01 February 2011 to 28 February 2011 aresummarised in the following table:

Determinations Issued between 01 February 2011 to 28 February 2011DA No. Proposal Property74/2003.3 Clubs / Hotels Lot C DP 406822 - 101 Goulbum(Modification) Street, Crookwell304/2005.3 Subdivision Lot 1 DP 620598, Lots 3,212,62,203,(Modification) 67, 75, 89, 132,144, 147,159,148,

202,219,112,204,5,206, 207,220,225, 127,150,205,126, 149,68,7 &123 DP 750043 and Lot 3 DP 1016669-Pomeroy Road, Bannister

127/2010 Walwa Windfarm Various lots - Gurrundah Road,(Modification of 93/034 Gurrundah.former Gunning file)

137/2010 Dwelling Lot 72 DP 7147917 - Bunnaby Street,Taralga

140/2010 Storm Water to Land - Lot 1 DP 1152341 -Collector Road,irrigation (Withdrawn) Collector

ASS. . ....

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Determinations Issued between 01 February 2011 to 28 February 2011DA No. Proposal Property145/2010 Dwelling (Withdrawn) Lot 5 DP 1083842 - Carrington Street,

Crookwell166/2010 Change of Use - Shed to Lots 2, 56,93,106, 125 DP 750043 -

Dwelling Stomers & Prices Lane, Bannister173/2010 2011 Crookwell AP&H Lot 4 DP 524712 - East Street,

Society Show Crookwell8/2011 Garage / Shed Lot 12 DP 754118 - Lerida Street,

Gunning9/2011 Garage / Shed Lot 1 DP 105398 - 23 Spring Street,

Crookwell10/2011 Dwelling and Garage / Lot 2 DP 1150915 - Woodhouselee

Shed Road, Laggan11/2011 Rainwater Tank Lot B DP 339450 and Lot 1 DP

1072057 - 37 Hill Street, Taralga155/2010 2011 Gunning Show Lot 7009 DP 74454 - Copeland Street,

Gunning7/2011 2011 Crookwell Potato Lot 702 DP 1027022 - Spring Street,

Festival Crookwell

The development applications outstanding as of 28 February 2011 are summarised inthe following table:

Development Applications Outstanding on 28 February 2011(In order of date submitted to Council)

DA No. Proposal Property142/2009 Subdivision - 4 Lots with Lot 41 DP 1125963, Lot 2 DP 587705

Dwelling Entitlement and Lot 2 DP 567035 - Binda Rd,Crookwell

51/2010 Tourist Facility (Holiday Lot 7 DP 114312 - Mares Forest Road,Cabin) Wombeyan Caves.

54/2010 Subdivision Lot 1 DP 1096390 - Hanworth Road,Bannaby

61/2010 Garage / Shed Lot 1 Sec 24 DP 758493 - Yass StreetGunning

73/2010 Subdivision Lot 12 DP 746075 - Hume Highway,Gunning

96/2010 Carport/Awning Lot 11 Sec 1 DP 758493 - 26 YassStreet, Gunning

130/2010 Dwelling Lots 5, 6 & 7 See 6 DP 758104 - BindaStreet, Bigga

136/2010 Carport / Awning Lot B DP 34781 7 - King Road,Crookwell

153/2010 2011 Gunning Community Lot 7009 DP 94454 - Copeland Street,Festival and Fireworks GunningDisplay

157/2010 Kitchen in Community Hall Lot 1 DP 1122828 - Cullerin Road,Breadalbane

A56. . .. .. . . . ..

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

Development Applications Outstanding on 28 February 2011(In order of date submitted to Council)

DA No. Proposal Property160/2010 Proposed amenities block Lot 1 DP 308218 - Fullerton Road,

Fullerton161/2010 Dwelling Lot 1 DP 856334 - Church Street,

Collector162/2010 Subdivision Lot 2 DP 527677 0 2973 Laggan Road,

Laggan165/2010 Alterations / Additions - Lot 1 DP 39590 - Colyer Street,

Childcare Centre Crookwell3/2011 Fire Brigade Shed Lot 337 DP 754115 - 330 Gorham

Road, Crookwell4/2011 Dwelling Alterations / Lot 19 & 20 Sec 9 DP 758104 -

Additions Mulgowrie Street, Bigga5/2011 Swimming pool Lot 2 DP 319183 - 34 Marsden Street,

Crookwell6/2011 Dwelling Alterations / Lot 1 DP 770997 - Redground Road,

Additions Crookwell92/2010.3 Dwelling Lot 1 DP 1071107 - 209 Cullen Street,

Crookwell12/2011 Dwelling, temporary Lot 12 DP 1135717 - Taralga Road,

building, swimming pool Tarlo13/2011 Dwelling Lot 1 DP 742549 - Murray Street,

Collector

2. Construction Certificates Determined

Construction Certificates Issued between 01 February 2011 and 28 February2011

CC No. Proposal Property6/2011 Dwelling Lot 18 Sec 4 DP 1 809 - 30 North Street,

Crookwell7/2011 Dwelling Additions / Lot 22 DP 608181 - Stephenson Street,

Alteration and double garage Crookwell8/2011 Garage / Shed Lot 1 DP 910265 - Goulbum Street,

Crookwell9/2011 Dwelling Lot 72 DP 714917 - Bannaby Street,

Taralga10/2011 Dwelling, detached garage Lot 9 Sec 10 DP 758493 - Cooper

and attached pergola Street, Gunning11/2011 Garage / Shed Lot 12 DP 754118 - Lerida Street,

Gunning12/2011 Dwelling and garage / shed Lot 2 DP 1150915 - Woodhouselee

Road, Laggan13/2011 Garage / Shed Lot 1 DP 105398-23 Spring Sb-eet,

Crookwell

A57......... . . .

Mayor General Manager

REPORTS TABLED AT THE ORDINARY MEETING OF UPPER LACHLAN SHIRE COUNCIL HELDTHURSDAY, 17 MARCH 2011 IN CROOKWELL

3. Planning Certificates

The number of Planning Certificates issued this financial year is detailed below.

Year Number of Certificates Issued

1 July 2008 to 30 June 2009 383

1 July 2009 to 30 June 2010 464

1 July 2010 to 28 February 2011 349

Recommendation: That the information on development activity be received andnoted.

ATTACHMENTS

Nil

T

C. M^^^Courtney AtkinsEnvironmental Services Officer

ASS. . . . . . ............a . . . .........

Mayor General Manager